The Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014

PART 2 N.I. Establishment of scheme

Establishment and scope N.I.

3.—(1) A scheme is established for the payment of pensions and other benefits to or in respect of—

(a) civil servants(1); and

(b) persons to whom this scheme may potentially relate by virtue of paragraph (2) and in respect of whom the Department makes a determination under section 25(5) of the Act.

(2) This scheme may potentially relate to the following persons—

(a) a person who holds an employment which is remunerated out of moneys appropriated by a transferred provision or out of a Consolidated Fund;

(b) a person who holds an employment which is remunerated out of a fund established by or under an Act of the Northern Ireland Assembly;

(c) a person who is employed by a public body specified in an Order made by the Department under section 32(1) of the Act.

(d) a person who holds an employment which is listed in Schedule 1 (kinds of employment etc. Referred to in Article 3) to the 1972 Order(2);

(e) a person who holds an employment which is specified in an enactment as an employment to which the [F1 PCSPS(NI)] relates or to which this scheme may potentially relate;

(f) a person who holds an employment which is specified in a list produced for the purpose of Article 3(3A) (superannuation schemes as respects civil servants etc) of the 1972 Order(3);

(g) a person to whom this scheme relates by virtue of sub-paragraphs (a) to (e) and by virtue of a previous determination under section 25(5) of the Act who ceases to hold an employment mentioned in any of sub-paragraphs (a) to (e);

(h) a person who, at any time before or after these Regulations come into operation—

(i) ceased to be a civil servant; or

(ii) ceased to hold an employment which [F2 was at the time the person ceased to hold that employment] listed in Schedule 1 to the 1972 Order.

(3) If the Department makes a determination under section 25(5) of the Act in relation to a person mentioned in [F3 paragraph (2)(f) to (h)] , the person is not eligible to be an active member of this scheme unless the person meets the conditions of eligibility set out in regulation 16.

Textual Amendments

F1 Word in reg. 3(2)(e) substituted (with effect in accordance with of the amending Rule) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/67), regs. 1(2), 5(a)

F2 Words in reg. 3(2)(h)(ii) substituted (with effect in accordance with of the amending Rule) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/67), regs. 1(2), 5(b)

F3 Words in reg. 3(3) substituted (with effect in accordance with of the amending Rule) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/67), regs. 1(2), 5(c)

Commencement Information

I1 Reg. 3 in operation at 1.4.2015, see reg. 1(3)

(1)

See paragraph 1 of Schedule 1 to the Act for the meaning of “civil servants”

(2)

Schedule 1 was last amended by S.R 2013 No. 90

(3)

Article 3(3A) was inserted by the Public Service Pensions Act (Northern Ireland) 2014 (c.2) Schedule 9 paragraphs 1 and 2