The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment No.2) Regulations (Northern Ireland) 2014

Amendment of Schedule 2

6.—(1) Schedule 2 (Medical and dental practitioners) is amended as provided by paragraphs (2) to (5).

(2) In sub-paragraph (2) of paragraph 2 (Application of Regulations with modifications)(1), after “locum practitioner”, insert “; this is subject to sub-paragraph (10) of paragraph 23”.

(3) In paragraphs (1)(a) and (2)(a) and (b) of paragraph 6 (Meaning of “superannuable earnings” in relation to other practitioners)(2), omit “or for overtime”.

(4) In paragraph 10 (Contributions to this Section of the scheme)(3) for sub-paragraph (7), substitute—

“(7) Where—

(a) the principal medical practitioner is a shareholder or partner in more than one employing authority referred to in sub-paragraph (6), each such employing authority shall pay regulation 11(1) contributions on any superannuable earnings it pays to that practitioner or, as the case may be, on the practitioner’s share of the partnership profits, to the host Health and Social Services Board;

(b) the non-GP provider is a shareholder or partner in more than one employing authority referred to in sub-paragraph (6), that non-GP provider must nominate one of those employing authorities and that nominated authority must pay regulation 11(1) contributions on any superannuable earnings it pays to that non-GP provider or, as the case may be, on the non-GP provider’s share of the partnership profits, to the host Health and Social Services Board.”.

(5) In paragraph 23 (Accounts and actuarial reports)(4)—

(a) in sub-paragraphs (2) and (3), after “certificate” insert “that correctly records the totality”;

(b) for sub-paragraph (9), substitute,—

“(9) No later than 13 months after the end of each scheme year, each employing authority must forward to the Department a copy of the records referred to in regulation 97(3) and (4).”.

(c) for sub-paragraph (10), substitute—

“(10) A member’s superannuable earnings for a scheme year shall be zero and no contributions paid in respect of that scheme year are to be refunded where, in respect of that scheme year, a practitioner or non-GP provider has failed to comply with the requirements of—

(a) whichever of sub-paragraphs (2) to (5) applies to that member, or

(b) sub-paragraph (2) of paragraph 2.

This is subject to sub-paragraphs (11) and (12).”.

(1)

Paragraph 2 as amended by S.R. 2005 No.534, regulation 4(2) and S.R. 2005 No.565, regulation 12(2)

(2)

Paragraph 6 as amended by S.R. 1999 No.293, regulation 11(1); S.R. 2005 No.534, regulation 4(5) and S.R. 2005 No.565, regulation 12(6)

(3)

Paragraph 10 was substituted by S.R. 2005 No.565, regulation 12(7) and amended by S.R. 2009 No.65, regulation 20(4); S.R. 2009 No.188, regulation 11(2); S.R. 2010 No.22 Schedule 1, paragraph 1(b); S.R. 2010 No.420, regulation 8; S.R. 2012 No.42, regulation 10(2); S.R. 2012 No.73, regulation 7; S.R. 2012 No.78, regulation 8; S.R. 2013 No.73, regulation 7; S.R. 2013 No.247, regulation 4; S.R. 2013 No.259, regulation 16(3) and S.R. 2014 No.59, regulation 4

(4)

Paragraph 23 was inserted by S.R. 2005 No.565, regulation 12(9), substituted by S.R. 2009 No.188, regulation 11(4) and amended by S.R. 2010 No.22 regulation 12, Schedule 1, Part 1, paragraph 1(b) and S.R.2012 No.42, regulation 10(4)