The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 95) (“the 1995 Regulations”), the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 256) (“the 2008 Regulations”) and the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 367) (“the Injury Benefits Regulations”).

Regulation 1 provides for citation, commencement and effect, including that certain provisions of this instrument are to take effect from various dates before commencement.

The remainder of the Regulations are divided into four Parts, with Parts 1 to 3 amending the 1995 Regulations, the 2008 Regulations and the Injury Benefits Regulations respectively, and Part 4 providing that certain persons detrimentally affected by these Regulations may elect for the provisions not to apply to them.

Parts 1 and 2 make similar amendments in respect of both the 1995 Regulations and the 2008 Regulations. They also introduce amendments specific to either the 1995 Regulations or the 2008 Regulations.

The changes dealing with similar issues in Parts 1 and 2—

• exclude certain returning deferred members from the 1995 Regulations (regulation 5);

• provide for an option to transfer out their benefits to the 2008 Regulations (regulations 3(a), 10 and 13);

• include in the 2008 Regulations certain deferred members excluded from the 1995 Regulations (regulations 29, 30, 58 and 59);

• provide for an option to transfer their benefits into the 2008 Regulations (regulations 44 and 75);

• adjust the definition of “qualifying service” in the 2008 regulations (regulations 27(2) and 55(2));

• ensure that the 45 year service limit takes account of service in both the 1995 Regulations and 2008 Regulations (regulations 25, 53 and 82);

• ensure that similar principles apply to transfers from corresponding NHS schemes in England & Wales, Scotland and the Isle of Man (regulations 24(a) and (b), 40(2), (3) and (4), 41 to 43, 52(a) and (b), 71(2) to (4), 72, 73 and 74(6) and (7));

• continue provision of pension benefits for ophthalmic medical practitioners (regulations 3(e), (f), (i), (j) and (k), 52(c), (d), (g), (h) and (i));

• cater for practitioners who have an agreement with more than one host Board (regulations 3(g), 20(5)(a), 24(c), 51(3), 52(e) and 80);

• update the definition of Out of Hours Services to cater for Alternative Provider Medical Services contracts and contractors (regulations 3(h), 24(d) and 52(f));

• allow the use of electronic communications (regulations 3(a), 11, 18, 48 and 77);

• require the consent of the Department of Finance and Personnel before the members' contribution rate is adjusted (regulations 6, 31, 32(2)(a), 61(2) and 62);

• adjust the period for ill-health reviews (regulations 7, 33 and 64);

• provide for lump sums on death of a pensioner over age 75 to be converted to a pension (regulations 8, 21, 36 to 38, 49, 50, 67 to 69, 78 and 79);

• require the Department to be responsible for the calculation and verification of cash equivalent transfer values (regulations 12, 39 and 70);

• allow authorised unpaid leave to be pensionable for up to 24 months (regulations 14, 26, 28(4), 54(2)(ii) and (3) and 57(3));

• provide that pensioners returning to work in the HSC must provide information about their new HSC pay (regulations 15, 45 and 76).

The changes specific to Part 1—

• amend cross-references in provisions dealing with child allowances (regulation 9);

• amend the benefits payable on death in pensionable service where the member returns after leaving on ill-heath under the old rules (regulation 16);

• amend the benefits payable on death in pensionable service where the member returns after leaving on ill-heath under the new rules (regulation 17);

• amend the rules on forfeiture of pension to cater for nominated surviving partners (regulation 19);

• make various minor amendments to Schedule 2 of the 1995 Regulations and change the age to which contributions must be paid (regulation 20).

The changes specific to Part 2—

• provide for qualifying service under the 1995 Regulations to count where a former member of the scheme under the 1995 Regulations re-joins under the 2008 Regulations within one month of leaving (regulations 27(3) and 55(3) and (4));

• clarify the arrangements for non-GP providers on breaks of service (regulation 28(2), (3) and (5) to (10));

• allow for employer contributions to be recovered from successor and assignee employers (regulation 32(3));

• remove references to “impairment” and insert a reference to permanence in ill-health provisions (regulations 34 and 65);

• change cross-references in provisions relating to children’s pensions (regulations 35 and 66);

• replace references to the Income and Corporation Taxes Act 1988 with references to the Finance Act 2004 (regulation 40(5) and 71(5));

• clarify the rules on previous pay for abatement purposes (regulation 46 and 47);

• change the heading to regulation 136 to make it consistent with the equivalent regulation in Part 3 of the 2008 Regulations (regulation 51(2));

• omit an unnecessary cross-reference in the provision on breaks in pensionable service (regulation 54(2)(a));

• clarify the pensionable earnings of a principal practitioner performing Out of Hours Services (regulation 56);

• bring the cross-references in regulation 144 into line with the equivalent regulation in Part 2 of the 2008 Regulations (regulation 57(2));

• clarify the provisions on opting-out of the Scheme (regulation 60);

• make changes to the level of contributions due from a member in respect of later employments (regulation 61(3) to (5));

• amend the heading to regulation 181 of the 2008 Regulations (regulation 63);

• changes the point at which credit is given in respect of transferred-in pensionable service (regulation 74);

• simplify the definition of “principal practitioner” (regulation 81);

• update the table of equivalent regulations in regulation 276 of the 2008 Regulations (regulation 83).

The changes made to the Injury Benefits Regulations by Part 3—

• provide that the unreduced amount of a pension under the 1995 Regulations or the 2008 Regulations (before any pension is converted to lump sum) is used for the purposes of the Injury Benefits Regulations (regulation 85);

• amend the provisions on re-charging benefits to employers to deal with situations of multiple employers (regulation 86);

• amend the provisions on claiming benefits to require a claim in writing within 6 months of becoming entitled (regulation 87);

• provide for new notification requirements, obliging employers to notify the Department when temporary injury allowance is paid under the Injury Benefits Regulations, and obliging claimants to notify the Department if they recover damages in respect of the injury for which they receive benefits under the scheme (regulation 88).

Part 4 provides that deferred members, or members in receipt of a relevant benefit, who are detrimentally affected by these Regulations may elect for the provisions not to apply to them by giving notice within six months of the coming into force of these Regulations (regulation 89).

A full impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.