The Health and Personal Social Services (Superannuation Scheme and Compensation for Premature Retirement) (Amendment) Regulations (Northern Ireland) 2008

Amendment of the Superannuation Scheme Regulations

3.—(1) The Superannuation Scheme Regulations are amended in accordance with this regulation.

(2) In regulation 11 (Contributions by employing authorities)—

(a) in paragraph (3) after “regulation 14 (Early retirement pension (redundancy etc))”, insert “or regulation 14A (Early retirement pension (termination of employment by employing authority))”;

(b) for paragraph (3)(b), substitute—

“(b) the cost of providing the pension under—

(i) regulation 15 (Early retirement pension (employer’s consent)) for the period between the member’s leaving superannuable employment and reaching age 60;

(ii) regulation 14A (Early retirement pension (termination of employment by employing authority)) for the period between the member’s leaving superannuable employment and reaching age 60 or, in the case of a member to whom regulation 75 (Nurses, physiotherapists, midwives and health visitors) or regulation 76 (Mental health officers) applies, age 55;”;

(c) in paragraph (7)(a) and (b), before “15”, insert “14A or”.

(3) After—

(a) “regulation 14 (Early retirement pension (redundancy etc))” in each of the following provisions, insert “or regulation 14A (Early retirement pension (termination of employment by employing authority))”—

(i) paragraph (3) of regulation 57 (Early leaver without pension or preserved pension);

(ii) paragraph (3)(b) of regulation 75 (Nurses, physiotherapists, midwives and health visitors);

(iii) paragraph (9) of regulation 76 (Mental health officers);

(iv) paragraph (6) of regulation 77 (Members doing more than one job);

(b) “regulation 14” in paragraph (10A) (twice) and (10B) of regulation 77(1), insert “or regulation 14A”.

(4) In paragraph (6) of regulation 78(2) (Part-time employment)—

(a) after “regulation 14 (Early retirement pension (redundancy etc))”, insert “or regulation 14A (Early retirement pension (termination of employment by employing authority))”;

(b) for sub-paragraph (a)(ii), substitute—

“(ii) the qualifying service for the purposes of regulation 14(2)(a) or regulation 14A(2)(a);”.

(5) For regulation 14 (Early retirement pension (redundancy etc)), substitute—

“Early retirement pension (redundancy etc)

14.— (1) This regulation shall apply to a member—

(a) who—

(i) was in superannuable employment on 1st December 2006, or

(ii) returns to such employment on, or after, that date and who is entitled to a preserved pension under regulation 49, or

(iii) returns to superannuable employment after that date having had a break in such employment which does not exceed 12 months but includes 1st December 2006 and who is not entitled to a preserved pension under regulation 49, or

(iv) is certified by his employing authority as having a period of continuous employment (determined in accordance with terms and conditions relevant to that employment and as they applied on 1st October 2006);

(b) whose employment is terminated by his employing authority before 1st October 2011; and

(c) who satisfies the conditions specified in paragraph (2).

(2) Those conditions are that—

(a) he has at least 5 years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;

(b) the Department certifies—

(i) that the member’s employment is terminated by reason of redundancy, or

(ii) with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which he is employed; and

(c) his employing authority does not certify that he has unreasonably refused to seek suitable alternative employment or accept an offer of such employment.

(3) A member who satisfies the conditions in paragraph (2) shall be entitled to a pension calculated as described in regulation 12 (Normal retirement pension).

(4) This regulation does not apply to—

(a) practice staff;

(b) practitioners; or

(c) non-GP providers.

Early retirement pension (termination of employment by employing authority)

14A.— (1) This regulation applies to a member—

(a) whose superannuable employment is terminated by his employing authority; and

(b) who satisfies the conditions specified in paragraph (2).

(2) Those conditions are that—

(a) he has 2 years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;

(b) his employing authority certifies he has at least 2 years’ continuous employment determined in accordance with any terms and conditions applying to that employment;

(c) his employing authority does not certify that he has unreasonably refused to seek suitable alternative employment or accept an offer of such employment;

(d) the Department certifies—

(i) that the member’s employment is terminated by reason of redundancy, or

(ii) with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which he is employed; and

(e) he makes a claim for the pension referred to in this regulation.

(3) A claim referred to in paragraph (2)(e) shall —

(a) be in writing and addressed to the Department;

(b) be made within 6 months of the employment terminating; and

(c) contain such information as the Department may from time to time require.

(4) A member who satisfies the conditions in paragraph (2) shall be entitled to a pension calculated as described in regulation 12 (Normal retirement pension).

(5) Where a person who claims a pension under this regulation—

(a) has received—

(i) a redundancy payment under the Employment Rights (Northern Ireland) Order 1996(3),

(ii) a corresponding payment under the arrangements of the NHS Staff Council, or

(iii) a payment made by virtue of any arrangement made pursuant to paragraph 17 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991(4) (Health and Social Services Trusts – general powers),

in respect of the cessation of the employment; and

(b) the terms and conditions relevant to the employment require that payment or payments to be reduced to take account of the additional contributions the employing authority must make to the Department in accordance with regulation 11(3) (Contributions by employing authorities); but

(c) that payment or payments have not been so reduced,

the pension shall be reduced by an amount equal to the amount of that payment or payments and may be reduced to zero.

(6) This regulation does not apply to—

(a) practice staff;

(b) practitioners; or

(c) non-GP providers.

Early retirement pension (redundancy etc notifications)

14B.— (1) This regulation applies to a member—

(a) who satisfies the conditions specified in regulation 14 (Early retirement pension (redundancy etc)) and 14A (Early retirement pension (termination of employment by employing authority)); and

(b) whose superannuable employment is terminated by his employing authority on, or after, 1st December 2006 but before 1st October 2011.

(2) A member referred to in paragraph (1) may notify the Department as to which of those regulations he wishes to apply to him and such a notification shall be—

(a) in writing (but the Department may, in its discretion, accept notification in another form);

(b) given within 6 months of the employment terminating; and

(c) irrevocable.

(3) Where a member does not notify the Department within the period mentioned in paragraph (2)(b), regulation 14 (Early retirement pension (redundancy etc)) shall apply.

Early retirement pension (special classes)

14C.— (1) This regulation applies to a member—

(a) who has attained the age of 55;

(b) to whom regulation 75 (Nurses, physiotherapists, midwives and health visitors) or regulation 76 (Mental health officers) applies, and

(c) whose employment is terminated on, or after, 1st October 2011, and either—

(i) the Department certifies that that employment is terminated by reason of redundancy, or

(ii) with the agreement of the employing authority, the Department certifies that that employment is terminated in the interests of the efficiency of the service in which he is employed.

(2) A member referred to in paragraph (1) who would, if he made a claim for it, be entitled to a pension in accordance with regulation 14A—

(a) shall (for the purpose of this regulation) be treated as retiring from superannuable employment on the day on which his employment terminates; and

(b) shall be entitled to a pension under regulation 12 (Normal retirement pension) or 16 (Early retirement pension (with actuarial reduction)) if he makes a claim for it.

(3) A claim referred to in paragraph (2)(b) shall—

(a) be in writing and addressed to the Department;

(b) be made within 6 months of the employment terminating; and

(c) contain such information as the Department may from time to time require.

Continuing entitlement to a pension under regulation 12 or regulation 16

14D.— (1) This regulation applies to a member—

(a) whose employment is certified by the Department to have terminated by reason of redundancy on, or after, 1st December 2006, and

(b) who has reached—

(i) normal minimum pension age, or, where relevant, protected pension age, or

(ii) age 60.

(2) A member referred to in paragraph (1) who would, if he made a claim for it, be entitled to a pension in accordance with regulation 14A—

(a) shall (for the purposes of this regulation) be treated as retiring from superannuable employment on the day on which his employment terminates; and

(b) shall be entitled to a pension under regulation 12 (Normal retirement pension) or regulation 16 (Early retirement pension (with actuarial reduction)) if—

(i) he satisfies the conditions set out in those regulations, and

(ii) he makes a claim for it.

(3) A claim referred to in paragraph (2)(b) shall—

(a) be in writing and addressed to the Department;

(b) be made within 6 months of employment terminating; and

(c) contain such information as the Department may from time to time require.”.

(1)

Paragraphs (10A) & (10B) were inserted in Regulation 77 by S.R. 1998 No. 299

(2)

Regulation 78 was amended by S.R. 2002 No. 69 to include the reference to regulation 14 and to insert new sub-paragraph (a)(ii)

(3)

S.I. 1996 /1919 (N.I. 16)

(4)

S.I. 1991/ 194 (N.I. 1)