18.—(1) Subject to regulation 19, a person is eligible to join this scheme if the person is a health service worker and is—
(a)employed by an HSC organisation listed in Part 1 of Schedule 5;
(b)an individual who is a medical contractor, or who is employed by a medical contractor or dental provider, listed in Part 2 of that Schedule;
(c)an individual who is a medical practitioner or dental practitioner listed in Part 3 of that Schedule; or
(d)who is employed by a determination employer: see Part 4 of that Schedule.
(2) Subject to regulation 19 a person is eligible to join this scheme if the person is—
(a)an individual of a category or description listed in Schedule 6; and
(b)a person in respect of whom the Department has made a determination under section 25(5) of the 2014 Act.
(3) Where such a determination is made, these Regulations apply to the person subject to any modification made by the Department by direction under section 25(8) of the 2014 Act.
(4) In paragraph (1), the reference to a person being employed does not include a reference to a person engaged under a contract for services.
(5) Where, in relation to a single employment or engagement for provision of services, a person is eligible to join this scheme by virtue of more than one of the sub-paragraphs of paragraphs (1) or (2), the scheme manager must determine which one sub-paragraph is to be used as the basis for membership.
19. A person is not eligible to be a member of this scheme if the person—
(a)is under the age of 16 or over the age of 75;
(b)is eligible to be an active member of—
(i)a superannuation scheme established under Article 3 or 11 of the Superannuation (Northern Ireland) Order 1972 M1; or
(ii)a public service pension scheme established under section 1(2)(a) or 1(2)(d) of the 2014 Act,
in respect of service in such a scheme and is such a member;
[F1(c)is on 31st March 2022—
(i)a member of the 1995 Section who is no longer required to pay contributions pursuant to regulation 10(3) or (4) (Contributions by members: age and pensionable service limits) of the 1995 Regulations; or
(ii)in relation to the 2008 Section, a non-contributing member within the meaning of regulation 6 (Interpretation: general - officers) or 137 (Interpretation of Part 3: general – practitioners and out-of-hours providers) of the 2008 Regulations;]
(d)is a pensioner member of the 1995 Section or the 2008 Section except so far as otherwise provided pursuant to the Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015;
(e)holds an honorary appointment and is not at the same time otherwise entitled to join this scheme;
(f)is employed by a GDS provider but is not a dental practitioner;
(g)is employed by—
(i)a GMS practice; or
(ii)an APMS contractor,
[F2(ga)is employed by a GP Federation but does not assist in the provision of health and personal social services provided by that GP Federation;]
but does not assist the employer in the provision of services for the purposes of the GMS contract or APMS contract (as the case may be);
(h)is a person—
(i)who—
(aa)becomes entitled to a Tier 2 IHP (see regulation 89), and
(bb)opts to exchange the Tier 2 IHP for a lump sum pursuant to regulation 108; or
(ii)to whom regulation 95(5)(b) applies.
Textual Amendments
F1Reg. 19(c) substituted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 4
F2Reg. 19(ga) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Schemes) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/384), regs. 1(2), 12
Marginal Citations
M1S.I. 1972/1073 (N.I.) Article 3 deals with pension schemes for civil servants and Article 11 deals with pensions for teachers