http://www.legislation.gov.uk/id/nisr/2015/120

SCHEDULE 1Pension Board

Regulation 4

Composition of the Pension Board1

1

The composition of the Pension Board (the Board) is to be determined from time to time by the scheme manager—

a

having regard to the nature of the matters on which the Board may be required to assist;

b

having regard to the desirability of securing the effective and efficient governance and administration of—

i

the scheme, and

ii

any statutory pension scheme that is connected with it: and

c

a

has a conflict of interest;

b

has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;

c

has at any time been convicted of an offence in the United Kingdom, and—

i

the final outcome of the proceedings was a sentence of imprisonment or detention, and

ii

the conviction is not a spent conviction;

d

has at any time been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity—

i

for which the person was responsible or to which the person was privy, or

ii

which the person by the person's conduct contributed to or facilitated,

from being concerned with the management or control of any body;

e

has at any time been removed under—

i

section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 M1 (powers of Court of Session to deal with management of charities), or

ii

Appointment, term of office and cessation of office of the chair4

1

The scheme manager is to appoint the chair of the Board.

2

If the person appointed is not already a member of the Board, by virtue of the appointment, the person becomes a member of the Board.

3

The term of office of a member of the Board as chair is to be determined by the scheme manager on appointment of the member as chair, but it must be for a period that is no longer than the period between the chair's date of appointment as chair and the date on which the chair's term of office as a member is due to expire (irrespective of whether or not they are thereafter reappointed as a member).

4

A member serving as chair shall cease to be chair—

a

on ceasing to be a member;

b

if the member resigns as chair, which the member may do at any time by giving a minimum of six months' notice (or such shorter period as the scheme manager is prepared to accept) in writing to the scheme manager;

c

if the member's membership of the Board is suspended by the scheme manager.

Voting and quorum5

1

Only the following members of the Board are entitled to vote at meetings of the Board—

a

members who are representatives of employers;

b

members who are representatives of scheme members;

c

The composition of the Scheme Advisory Board (the Board) is to be determined from time to time by the Department having regard to the nature of the advice which the Board may be required to provide.

2

The members of the Board are to be appointed by the Department.

3

The Department cannot appoint a person to be a member of the Board unless satisfied that the person does not have a conflict of interest.

Disqualification from appointment as a member2

1

A person is disqualified from appointment as a member of the Board in any of the circumstances set out in sub-paragraph (2).

2

Those circumstances are if that person—

a

has a conflict of interest;

b

has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;

c

has at any time been convicted of an offence in the United Kingdom, and—

i

the final outcome of the proceedings was a sentence of imprisonment or detention, and

ii

the conviction is not a spent conviction;

d

has at any time been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission for Northern Ireland or the High Court on grounds of any misconduct or mismanagement in the administration of the charity—

i

for which the person was responsible or to which the person was privy, or

ii

which the person by the person's conduct contributed to or facilitated,

from being concerned with the management or control of any body;

e

has at any time been removed under—

i

section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), or

ii

not less than three members who are representatives of scheme members.

Conflicts of interest5

1

The Department must, from time to time, be satisfied that none of the members of the Board has a conflict of interest.

2

For the purpose of enabling the Department to be satisfied that a person referred to in sub-paragraph (3) does not have a conflict of interest, that person must provide the Department with such information as the Department reasonably requires.

3

Those persons are—

a

a member of the Board;

b

a person proposed to be appointed by the Department as a member of the Board.

SCHEDULE 3Administrative matters

Regulations 14, 78(1), 80(1)81(1) and 136(6)

PART 1Accounts and information

Scheme accounts and actuarial valuations1

a

section 14 of the 2014 Act (information about benefits); and

b

any directions given by the Department of Finance and Personnel from time to time pursuant to that section.

2

Sub-paragraph (1) does not provide a right for an active member to request a benefit information statement.

3

A benefit information statement provided pursuant to sub-paragraph (1) is to be treated as though it is the information mentioned in regulation 16(2)(a) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 M5 for the purposes of determining whether or not information must be given under regulation 16(1) of those Regulations.

PART 2Claims and benefits

Claims for benefits4

1

A person claiming to be entitled to benefits under these Regulations (“the claimant”) shall make a claim in writing to the scheme manager.

2

Pursuant to such a claim, the claimant and, where appropriate, the member's employing authority (including any previous employing authority of the member) must provide such—

a

evidence of entitlement.

b

information required in order to deal with the claim, and

c

authority or permission as may be necessary for the release by third parties of information in their possession relating to the claimant or member,

as the scheme manager may from time to time require for the purposes of these Regulations.

3

A claim referred to in sub-paragraph (1) may be made by a person or persons other than the claimant where the scheme manager so provides.

4

Any claim for benefit required in writing under these Regulations, and any evidence, information, authority or permission given in connection with that claim, may be made or given by means of an electronic communication where such method of communication is approved by the scheme manager from time to time.

5

In this regulation, “electronic communication” has the same meaning as in section 4(1) of the Electronic Communications Act (Northern Ireland) 2001 M6.

Provision of information: continuing entitlement to benefits5

1

The scheme manager may specify a date by which a person who is in receipt of a benefit under this scheme is to provide the scheme manager with all or any of the following material—

a

evidence of the person's identity;

b

the person's contact details;

c

evidence of the person's continuing entitlement to the benefit.

2

Where a person fails to provide material in accordance with sub-paragraph (1), the scheme manager may withhold all, or any part of, any benefit payable to that person.

Trivial commutation lump sum6

1

The scheme manager may pay any person entitled to a pension under this scheme a lump sum representing the capital value of the pension and of any benefits that might have become payable under the scheme on the person's death apart from the payment if the conditions specified in sub-paragraph (2) are met.

2

The conditions are that the payment complies with the following requirements (so far as apply)—

a

the contracting-out requirements,

b

the preservation requirements (see section 65(2) of the 1993 Act).

c

regulation 2 of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations (Northern Ireland) 1997 M7,

d

Part 2 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 M8,

e

the lump sum rule (see in particular, paragraph 7 of Schedule 29 to the 2004 Act M9: trivial commutation lump sums for the purposes of Part 4 of that Act), and

f

the lump sum death benefit rule (see, in particular, paragraph 20 of that Schedule M10: trivial commutation lump sum death benefit for the purposes of that Part).

3

The lump sum must be calculated by the scheme manager in accordance with advice from the Scheme actuary.

4

The payment of a lump sum under this regulation discharges all liabilities of the scheme manager in respect of the pension in question and of any other such benefits as mentioned in sub-paragraph (1).

Beneficiaries who are incapable of looking after their affairs7

1

In the case of a beneficiary who, in the opinion of the scheme manager, is by reason of illness, mental disorder, minority or otherwise unable to look after the beneficiary's affairs, the scheme manager may—

a

use any amount due to the beneficiary under the scheme for the beneficiary's benefit, or

b

pay it to some other person to do so.

2

Payment of an amount to a person other than the beneficiary under sub-paragraph (1) discharges the scheme manager from any obligation under the scheme in respect of the amount.

Power to extend time limits8

PART 4Assignment, offset and forfeiture, etc.

Prohibition on assignment or charging of benefits10

Any assignment of, or charge on, or any agreement to assign or charge, any right to a benefit under this scheme is void.

Any such disagreement as is referred to in Article 50 of the 1995 Order (resolution of disputes) M14 must be resolved by the scheme manager in accordance with any arrangements applicable under that section.

Determinations by medical practitioners15

that charge must be paid by the scheme administrator.

SCHEDULE 4Opting out and re-joining

Regulations 15 & 16

If the person gives a notice as mentioned in sub-paragraph (1), the notice must relate to all of the employments or engagements.

Re-joining the scheme2

A person who has opted out of this scheme pursuant to paragraph 1 may, if eligible to do so pursuant to that paragraph, join or re-join the scheme by giving notice in writing to the person's employing authority and on doing so will be included in this scheme on the first day of the first pay period after the notice is received, or such later date (which must be the first day of a pay period) as is specified in the notice.

SCHEDULE 5Membership gateways

Regulation 18(1)

PART 1HSC organisations

1

The following are HSC organisations for the purposes of these Regulations—

a

a Health and Social Care Trust (HSC Trust) established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 M33;

F31b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

b

a vocational trainee.

PART 4Determination employers

8

A determination employer is a person who is the employer of a person in respect of whom a determination has been made pursuant to section 25(5) of the 2014 Act.

SCHEDULE 6Persons to whom the scheme may be extended

Regulations 18(2) and 100(2)

1

The categories or descriptions of persons to whom the scheme may be extended by determination pursuant to section 25 of the 2014 Act are as follows.

2

Any person, or any class of persons who is—

a

wholly or mainly engaged in health services; or

b

an officer of a government department serving on the medical or nursing staff of that department or at or for the purposes of a hospital maintained by that department, and who, if he were in the employment of an HSC organisation, would be eligible to join the scheme.

3

A person who, while continuing in, or within twelve months after leaving, employment in which that person was entitled to participate in pension benefits provided by this scheme or a connected scheme (any period spent by that person on an approved course of study or training being left out of account), enters such other employment as may be approved by the Department for the purposes of these Regulations.

4

An approval given for the purposes of sub-paragraph (3) may specify provisions of these regulations which—

a

are not to apply to the person, or

b

are to apply to the person subject to such modifications as are specified.

SCHEDULE 7Pension accounts

Regulations 24(1), 115(5) and (6)and 118(5)

PART 1Interpretation

Interpretation1

In this Schedule—

F32“index adjustment” means—
1. a
  in relation to the opening balance of earned pension for a scheme year (other than the opening balance of club transfer earned pension), the percentage increase or decrease in prices specified in an order (in respect of the HSC Pension Scheme 2015) made by the Department of Finance under section 9(2) of the 2014 Act in relation to the previous scheme year, plus 1.5%; and
2. b
  in relation to the opening balance of club transfer earned pension for a scheme year, the adjustment that is—
  1. i
    equal to the adjustment that would apply to the opening balance of that amount of earned pension under the sending scheme for the previous scheme year, and;
  2. ii
    applied to the opening balance of club transfer earned pension on the same day as the percentage increase or decrease referred to in paragraph (a).
“AP index adjustment” means, in relation to the opening balance of additional pension for a scheme year, the percentage increase or decrease in prices specified in an order F33(in respect of the HSC Pension Scheme 2015) made by the Department of Finance F34... under section 9(2) of the 2014 Act in relation to the previous scheme year;
“the leaving year” means the scheme year in which the relevant last day falls;
“the relevant last day” means—
1. a
  for a member who has made a partial retirement application, the day before the entitlement day for a partial retirement pension; and
2. b
  otherwise, the last day of pensionable service.

Pensionable service2

For the purpose of this Schedule, a person who re-enters pensionable service after a break in service not exceeding 5 years is taken to be in pensionable service during the break.

Meaning of “leaver index adjustment”3

1

The leaver index adjustment for an amount of accrued earned pension other than an amount of club transfer accrued earned pension is an amount calculated as follows— Step 1 Add 1.5 to the percentage increase or decrease in prices specified in an order F35(in respect of the HSC Pension Scheme 2015) made by the Department of Finance F36... under section 9(2) of the 2014 Act in relation to the leaving year. Step 2 Multiply the result at Step 1 by

\frac{A}{B}

where—

A is the number of complete months in the period between the beginning of the leaving year and the end of the relevant last day; and

B is 12.

The resulting percentage is the leaver index percentage. Step 3 Multiply the amount of accrued earned pension by the leaver index percentage. The resulting amount is the leaver index adjustment.

F372

the amount of accrued additional pension calculated under paragraph 29(3); and

b

the leaver AP index adjustment for that amount.

Meaning of “actuarial reduction”9

1

In these Regulations, “actuarial reduction” means the actuarial reduction that is applied (after obtaining the advice of the scheme actuary) when calculating the annual rate of pension payable to a member who, on the entitlement day for a pension other than a pension specified in sub-paragraph (2) has not reached normal pension age.

2

The pensions are—

a

an age retirement pension;

b

a premature retirement pension;

c

an ill-health pension.

Meaning of “conversion amount”10

In these Regulations, “conversion amount”, in relation to any pension converted in part to a lump sum under regulation 76 means the amount of pension converted to a lump sum.

PART 2Active member's account

Establishment of active members account11

1

a

the amount of standard earned pension (if any) for the year; and

b

the amount of club transfer earned pension (if any) for the year.

3

The standard earned pension is 1/54th of the member's pensionable earnings for the year.

4

The club transfer earned pension—

a

is the amount which the member is entitled to count under Section 3 of Chapter 2 of Part 7 (transfers);

b

must be specified separately in relation to each sending scheme.

the number of years in respect of which the actuarial reduction is to be bought out.

PART 3Deferred member's account

Establishment of deferred member's account16

When an active member leaves all pensionable service and becomes a deferred member—

a

c

the amount of an allocation pursuant to an election by the member under regulation 50.

Pension accounts for partial retirement members21

b

a transfer payment is made in respect of the member's rights to the accrued additional pension; or

c

all additional pension contributions are refunded under regulation 62 or 66.

4

The additional pension account must record separately the amount referable to each election made by a member under regulation 54(3)(b) (self and survivor).

Account to specify amount of additional pension23

1

This paragraph applies in relation to every scheme year in which an additional pension election is made.

2

The additional pension account must specify in relation to any additional pension election made in that scheme year an amount equal to the annual rate of additional (self only) pension specified in the additional pension election.

Account to specify opening balance and AP index adjustment24

1

This paragraph applies in relation to every scheme year in which an additional pension account is open other than the scheme year in which the account is established.

2

The account must specify the opening balance of additional pension for the scheme year and the AP index adjustment for that opening balance.

3

The opening balance of additional pension—

a

for the scheme year immediately following the scheme year in which the additional pension account is established, means the amount of additional pension specified in the account as at the end of the previous scheme year; and

b

for any subsequent scheme year, means the sum of the following amounts—

i

the opening balance of additional pension for the previous scheme year;

ii

the AP index adjustment for that opening balance; and

iii

the amount of additional pension for the previous scheme year.

Partial retirement pension abated to zero25

1

This paragraph applies if—

a

an additional pension is payable with a partial retirement pension; and

b

the partial retirement pension ceases to be payable under regulation 85(3).

2

The additional pension account must be re-established and credited with an amount equal to the annual rate of additional (self only) pension

PART 6Pension credit member's account

Pension credit member's pension account26

1

A pension account must be established for each pension credit member (“the pension credit member's account”).

2

The pension credit member's account must specify the amount of credited pension and for that amount—

a

the actuarial adjustment (if any); and

b

the conversion amount (if any).

3

In these Regulations, “amount of credited pension” means an amount equal to the pension credit calculated in accordance with regulations made under paragraph 5(b) of Schedule 5 to the 1999 Order.

Separate account for each capacity of membership27

b

an amount determined by the scheme manager under regulation 55.

the AP index adjustment (if any) for that opening balance; or

b

an amount determined by the scheme manager under regulation 55.

4

The relevant year is the year in which the member makes an election under regulation 83.

Calculation of amount of accrued pension for purposes of deferment30

1

For the purpose of a deferred member's account, the amount of accrued earned pension is the sum of the following amounts specified in the active member's account as at the end of the last day of pensionable service—

a

the opening balance of standard earned pension for the last active scheme year and the index adjustment for that opening balance;

b

the amount of standard earned pension (if any) for the last active scheme year;

c

the opening balance of club transfer earned pension (if any) for the last active scheme year and the index adjustment for that opening balance; and

d

the amount of club transfer earned pension (if any) for the last active scheme year.

SCHEDULE 8Practitioner Income

Regulation 27(1)

Interpretation1

In this Schedule—

“Board and advisory work” means—
1. a
  work undertaken as a member of the Board of an employing authority, which is not a GMS practice, an APMS contractor or an OOH provider; or
2. b
  advisory work commissioned by and undertaken on behalf of such an authority, where it is connected to the authority's role in performing or securing the delivery of, primary medical services or associated management activities or similar duties, but which is not in itself the performance of primary medical services, and payment for which is made by that authority directly to the person carrying out that work.
“collaborative services” means primary medical services provided by a GP performer, a GMS practice, an APMS contractor or an OOH provider under or as a result of an arrangement between—
1. a
  the F41Department ; and
2. b
  a person or body, under which the F41Department is responsible for providing services for purposes related to the provision of health care in accordance with Article 56 of the 1972 Order M36.
“commissioned services” means medical services provided under a contract between—
1. a
  a medical practitioner, a GMS practice, an APMS contractor or an OOH provider; and
2. b
  the F41Department .

Medical practitioner2

1

This paragraph applies if a member (M)—

a

is a medical practitioner or a non-GP provider, and

b

is not in receipt of salary, wages, fees or other regular payments in respect of M's employment by virtue of the application of these regulations to M as mentioned in column 3 of the Table in regulation 27(1).

2

M's practitioner income is—

a

the sum of the amounts described in Cases 1 to 4; minus

b

ii

general ophthalmic services,

iii

pharmaceutical services;

iv

dispensing services;

g

practice-based work carried out in educating or training or organizing the education or training of, medical students or practitioners.

CASE 2 Charges collected from patients in respect of services mentioned in Case 1 sub-paragraph (c) which M is authorised by or under an enactment to retain.

CASE 3 Sums paid to M out of a fund determined by reference to the number of beds in a hospital.

CASE 4 Allowances and other sums paid in respect of Board and advisory work. This does not include payments made to cover expenses.

with a district council or university;

c

as a civil servant;

d

in any other employment that the Department in any particular case allows.

7

Practitioner income does not include any amounts for which M is required to account to the employer as a term or condition of the employment.

Allocation of practice income4

1

Sub-paragraph (2) applies if a member—

a

is a medical practitioner or a non-GP provider; and

b

is in partnership with one or more medical practitioners.

2

The pensionable earnings of each partner in the partnership are calculated—

a

by aggregating the pensionable earnings of each partner; and

b

by dividing the total equally by the number of partners.

3

Sub-paragraph (2)(a) includes an amount that would constitute pensionable earnings of a partner who is not a member of this scheme.

4

If the partners do not share equally in the partnership profits, they may elect that each partner's pensionable earnings must correspond to each partner's share of the partnership profits.

Partners' HSC employment earnings5

1

This paragraph applies if a medical practitioner (M) practising in a partnership also has earnings in respect of HSC employment other than as a partner in the partnership (“HSC earnings”).

2

The partners may elect that—

a

M's pensionable earnings, as determined in accordance with paragraph 4, must be reduced by the amount of M's HSC earnings; and

b

the pensionable earnings of each of them (including M) are increased in proportion to their respective share of the partnership profits.

continues in effect until cancelled or, if earlier, there is a change in the partnership.

7

Calculations for the purposes of paragraphs 4(2) and 5(2) must be carried out by the F48Department .

the determinations referred to in paragraphs 2 to 4 apply to the aggregate of pensionable earnings for all such employments with that employing authority; and

ii

all such employments with that employing authority are treated together for the purpose of paying contributions.

Continuous employment spanning two scheme yearsC22

1

F10This paragraph applies for the purposes of determining the relevant contribution rate for the current scheme year for a member F11(M)—

a

who is in pensionable employment with the same employing authority on both—

i

the last day of the previous scheme year; and

ii

the first day of the current scheme year; and

b

falls within any of the cases in sub-paragraph (2).

2

Where M is within Column 1 of one of the following Cases, M must pay contributions during the current scheme year at the rate specified in Column 2 of the table in paragraph (3) of regulation 30 in respect of the amount of pensionable earnings referred to in column 1 of that table which corresponds to the amount determined as mentioned in the Column 2 relating to that Case.

Column 1	Column 2

CASE 1

M—

(a) was in pensionable employment with an employing authority on a whole time basis throughout the previous scheme year; and

(b) paid contributions in respect of that employment at the same percentage rate throughout that year.

The amount of M's pensionable earnings received during the previous scheme year

CASE 2

M—

(a) was in pensionable employment with an employing authority on a part-time basis throughout the previous scheme year;

(b) paid contributions in respect of that employment at the same percentage rate throughout that year.

The amount of M's pensionable earnings determined by reference to the amount the scheme manager determines would have been paid in respect of a single comparable whole-time employment during the previous scheme year

CASE 3

M—

(a) was in pensionable employment with an employing authority on a combination of a whole-time and part-time basis throughout the previous scheme year;

(b) paid contributions in respect of that employment at the same percentage rate throughout that year.

The amount which is the aggregate of—

(a) M's pensionable earnings received during the previous scheme year in respect of M's whole-time employment, and

(b) the amount the scheme manager determines would have been paid in respect of a single comparable whole-time employment for that period in respect of M's part-time employment

CASE 4

M—

(a) was in pensionable employment with an employing authority on a whole-time basis throughout the previous scheme year;

(b) did not pay contributions in respect of that employment at the same percentage rate throughout that year.

The amount of M's pensionable earnings determined by the formula—

\frac{R P E}{N D P E} \times 365

Where—

RPE is the pensionable earnings received in respect of M's employment for the period—
1. i
  starting on the date M's contribution rate last changed in the previous scheme year; and
2. ii
  ending on the last day of that year; and

NDPE is the number of days of pensionable employment with the employing authority—

i
starting on the date M's contribution rate last changed in that year; and

ii

ending on the last day of that year.

CASE 5

M—

(a) was in pensionable employment with an employing authority on a part-time basis throughout the previous scheme year; and

(b) did not pay contributions in respect of that employment at the same percentage rate throughout that year.

The amount of M's pensionable earnings determined by the formula—

\frac{C W T E}{N D P E} \times 365

Where—

CWTE is the amount the scheme manager determines would have been paid in respect of a single comparable whole-time employment in respect of M's part-time employment with the authority for the period—
1. i
  starting on the date M's contribution rate last changed in the previous scheme year; and
2. ii
  ending on the last day of that year; and

NDPE is the number of days of pensionable employment with the employing authority—

i
starting on the date M's contribution rate last changed in that year; and

ii

ending on the last day of that year.

CASE 6

M—

(a) was in pensionable employment with an employing authority on a combination of a whole-time and a part-time basis throughout the previous scheme year;

(b) did not pay contributions in respect of that employment at the same percentage rate throughout that year.

The amount of M's pensionable earnings determined by the formula—

\frac{R P E + C W T E}{N D P E} \times 365

Where—

RPE is the pensionable earnings received for the whole-time employment with the authority for the period—
1. i
  starting on the date M's contribution rate last changed in the previous scheme year; and
2. ii
  ending on the last day of that year;
CWTE is the amount the scheme manager determines would have been paid in respect of a single comparable whole-time employment in respect of M's part-time employment with the authority for the period—
1. i
  starting on the date M's contribution rate last changed in the previous scheme year; and
2. ii
  ending on the last day of that year; and

NDPE is the number of days of pensionable employment with the authority for the period—

i
starting on the date M's contribution rate last changed in that year; and

ii

ending on the last day of that year.

CASE 7

M—

(a) started pensionable employment with an employing authority on a whole-time basis during the previous scheme year;

(b) paid contributions in respect of that employment at the same percentage rate from the date the employment started to the last day of that year.

The amount of M's pensionable earnings determined by the formula—

\frac{R P E}{N D P E} \times 365

Where—

RPE is the pensionable earnings received in respect of the employment during the previous scheme year; and

NDPE is the number of days of pensionable employment with the authority during that year.

CASE 8

M—

(a) started pensionable employment with an employing authority on a part-time basis during the previous scheme year;

(b) paid contributions in respect of that employment at the same percentage rate from the date the employment started to the last day of that year.

The amount of M's pensionable earnings determined by the formula—

\frac{C W T E}{N D P E} \times 365

Where—

CWTE is the amount the scheme manager determines would have been paid for the employment during the previous scheme year in respect of a single comparable whole-time employment; and

NDPE is the number of days of pensionable employment with the authority during that year.

CASE 9

M—

(a) started pensionable employment with an employing authority during the previous scheme year and has since been employed on both a whole-time and a part-time basis;

(b) paid contributions in respect of that employment at the same percentage rate from the date the employment started to the last day of that year.

The amount of M's pensionable earnings determined by the formula—

R P E + \frac{C W T E}{N D P E} \times 365

Where—

RPE is the pensionable earnings received for the whole-time employment with the authority during the previous scheme year;
CWTE is the amount the scheme manager determines would have been paid in respect of a single comparable whole-time employment in respect of M's part-time employment with the authority during that year; and

NDPE is the number of days of pensionable employment with the authority during that year.

CASE 10

M—

(a) started pensionable employment with an employing authority on a whole-time basis during the previous scheme year;

(b) did not pay contributions in respect of that employment at the same percentage rate from the date the employment started to the last day of that year.

The amount of M's pensionable earnings determined by the formula—

\frac{R P E}{N D P E} \times 365

Where—

RPE is the pensionable earnings received for the whole-time employment with the employing authority for the period—
1. i
  starting on the date M's contribution rate last changed in the previous scheme year; and
2. ii
  ending on the last day of that year; and

NDPE is the number of days of pensionable employment with the authority—

i
starting on the date M's contribution rate last changed in that year; and

ii

ending on the last day of that year.

CASE 11

M—

(a) started pensionable employment with an employing authority on a part-time basis during the previous scheme year;

(b) did not pay contributions in respect of that employment at the same percentage rate from the date the employment started to the last day of that year.

The amount of M's pensionable earnings determined by the formula—

\frac{C W T E}{N D P E} \times 365

Where—

CWTE is the amount the scheme manager determines would have been paid in respect of a single comparable whole-time employment in respect of M's part-time employment with the authority for the period—
1. i
  starting on the date M's contribution rate last changed in the previous scheme year; and
2. ii
  ending on the last day of that year; and

NDPE is the number of days of pensionable employment with the authority—

i
starting on the date M's contribution rate last changed in that year; and

ii

ending on the last day of that year.

CASE 12

M—

(a) started pensionable employment with an employing authority during the previous scheme year and has since been employed on both a whole-time and a part-time basis with the authority;

(b) did not pay contributions in respect of that employment at the same percentage rate from the date the employment started to the last day of that year.

The amount of M's pensionable earnings determined by the formula—

\frac{R P E + C W T E}{N D P E} \times 365

Where—
- RPE is the pensionable earnings received for the whole-time employment with the authority for the period—
  1. i
    starting on the date M's contribution rate last changed in the previous scheme year; and
  2. ii
    ending on the last day of that year;
- CWTE is the amount the scheme manager determines would have been paid in respect of a single comparable whole-time employment in respect of M's part-time employment with the authority for the period—
  1. i
    starting on the date M's contribution rate last changed in the previous scheme year; and
  2. ii
    ending on the last day of that year;
- NDPE is the number of days of pensionable employment with the employing authority for the period—
  1. i
    starting on the date M's contribution rate last changed in that year; and
  2. ii
    ending on the last day of that year.

F123

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F134

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

A member is regarded as being in pensionable employment throughout the previous scheme year regardless of any period in that year during which the member continued to be employed by the same employer, but did not make contributions to this scheme.

6

For the purposes of calculating the member's pensionable earnings—

a

contributions for any period referred to in sub-paragraph (2) are deemed to have been paid;

b

additional pensionable earnings that the member is treated as having received during an absence from work (see regulation 28) is included.

7

The amount of pensionable earnings determined in accordance with this paragraph must be rounded down to the nearest whole pound.

Change to employment or rate of pensionable earnings or allowances3

1

If, at any time during the current scheme year, a member starts a new employment, the member must pay contributions in respect of the employment at the rate specified in column 2 of the table in paragraph F14(3A) of regulation 30 in respect of the amount of pensionable earnings referred to in column 1 of that table which corresponds to the member's pensionable earnings determined in accordance with sub-paragraph (5).

2

The variable amount mentioned in sub-paragraph F18(6) is to be taken as such amount as the employing authority considers appropriate for the current scheme year.

the payment must be treated as if it has been made to the member in respect of work undertaken in the scheme year in which the members pensionable employment with the employing authority ceased; and

b

contributions are payable in respect of the payment at the rate applicable to the member on the day the employment ceased.

Payments for unsocial hours5

Medical practitioners not members of a practice2

1

This paragraph applies to a member (M) who—

a

belongs to any of groups A to C in regulation 27(1) in relation to the provision of services, or

b

is a locum practitioner.

2

In respect of each scheme year, M must provide the F50Department with a certificate of M's pensionable earnings based on—

a

the payments M receives from employing authorities for practitioner services; and

b

the return that M has made to HMRC in respect of M's earnings for the year.

3

The certificate must be provided before the end of the period of one month starting on the date when the return was required to be submitted to HMRC.

Dentists3

1

As regards a dental practitioner, in respect of each scheme year, the member shall provide the F51Department with a certificate of their pensionable earnings based on their pensionable earnings as a dental practitioner from all dental practitioner sources, no later than 6 months after the end of that scheme year.

all contributions to this scheme made under regulation 31 in respect of medical practitioners and non-GP providers; and

b

their pensionable earnings.

Failure of member to comply with this Schedule5

1

If, in respect of a scheme year, a practitioner or non-GP provider has failed to comply with the requirements of whichever of paragraphs 1 to 3 applies to the member, the member's pensionable earnings for the scheme year are zero. This is subject to sub-paragraphs (2) and (3).

2

If, in respect of a scheme year, the employing authority of a practitioner or non-GP provider member is in possession of a figure representing all or part of the member's pensionable earnings for that year, the scheme manager may treat that figure as the amount of the member's pensionable earnings for the year where—

a

the member has failed to comply with the requirements of whichever of paragraphs 1, 2 or 3 applies to the member, and

b

a benefit in respect of the member's service as a practitioner or non-GP provider is payable to, or in respect of the member, under these Regulations.

3

If, in respect of a scheme year, a practitioner or non-GP provider (the member)—

a

dies without complying with the requirements of whichever of paragraphs 1, 2 or 3 applies to the member, or

b

is, in the opinion of the scheme manager, unable to look after the member's own affairs by reason of illness or lack of capacity,

b

a GMS Practice; or

c

an APMS contractor,

the F65Department shall pay contributions payable under regulation 32 in respect of such a practitioner.

9

Sub-paragraph (10) applies where, as regards a medical practitioner, an employing authority—

a

is not the F66Department , it is a function of the employing authority to provide the F66Department with a record of any—

i

pensionable earnings paid by it to a practitioner;

ii

c

it is liable to pay by virtue of sub-paragraphs (4)(b) and (6)(b),

in accordance with the provisions of this paragraph, to the scheme manager not later than the 19th day of the month following the month in which the earnings were paid.

Dentists8

1

A dental practitioner who belongs to group D for the purposes of regulation 27(1) must pay contributions under regulation 31 in respect of pensionable earnings that relate to GDS arrangements to the employing authority that is a party to those GDS arrangements.

2

The employing authority must pay the contributions under regulation 32 that are payable in respect of the pensionable earnings mentioned in sub-paragraph (1).

3

In the case of a dental practitioner who is a vocational trainee—

a

the GDS provider that employs the practitioner must deduct contributions under regulation 30 from any pensionable earnings the provider pays to the practitioner and must pay the contributions to the employing authority that is a party to the provider's GDS arrangements;

b

the employing authority must pay the contributions under regulation 32 that are payable in respect of the pensionable earnings.

4

In the case of a dental practitioner who—

a

does not fall within sub-paragraph (1); and

b

is not a vocational trainee,

the employing authority with which the practitioner has a contract for services from which the practitioner's pensioner earnings are derived must pay the contributions under regulation 32 that are payable in respect of the pensionable earnings.

5

Contributions under regulation 30 or 31 that are required to be paid to an employing authority by or in respect of a dental practitioner in accordance with this paragraph must be paid to the authority not later than the 7th day of the month following the month to which the earnings relate.

6

Sub-paragraph (7) applies to an employing authority—

a

to which contributions under regulation 30 or 31 are paid in respect of a dental practitioner in accordance with this paragraph;

b

which is liable to pay contributions under regulation 32 in respect of a dental practitioner.

7

The authority must forward or pay the contributions to the scheme manager not later than the 12th day after the date on which, by virtue of sub-paragraph (5), it is due—

a

to receive the contributions under regulation 30 or 31, or

b

in the case of contributions under regulation 32, the related contributions under regulation 30 or 31.

Payment of contributions to F24Department9

Contributions which are required to be paid to the F70Department in accordance with this Schedule must be paid to the RHSCB not later than the 7th day of the month following the month in which the earnings were paid.

Recovery of unpaid contributions10

b

the scheme years that fall within the buy-out period (see regulation 44(6)); and

c

in relation to each such scheme year, the number of years in respect of which the actuarial reduction is bought out.

the conversion amount (which must be a whole number of pounds and a multiple of 12).

neither of which must exceed the member's permitted maximum.

2

If the pension is an ill-health pension under regulation 89 an application under regulation 76 must be made—

a

at the time of claiming that ill-health pension; or

b

before such later time as the scheme manager specifies in writing.

3

If the pension is an ill-health pension at Tier 2 paid in substitution for an ill-health pension at Tier 1 by virtue of regulation 92(5) an application under regulation 76—

a

may only be made in relation to the difference between those pensions; and

b

must be made—

i

at the time the member become aware of the determination under regulation 92(5); or

ii

before such later time as the scheme manager specifies in writing.

4

A member must not exchange pension for a lump sum under regulation 76 to the extent that it would result in a scheme chargeable payment for the purposes of Part 4 (pension schemes etc) of the 2004 Act (see section 241 of that Act) M37.

Member declaration4

Table

Column 1Word or expression	Column 2Meaning
re-employed pensioner	A person (P) who at P's date of death was both— (a) an active member otherwise than in service in an employment in respect of which P had exercised an election under regulation 83; and (b) a pensioner member.
Partial retirement pensioner	A person (P) who, at P's date of death was both— (a) an active member in service in an employment in respect of which P had exercised an election under regulation 83, and (b) a pensioner member by virtue of being entitled to a pension under that regulation.
earnings reference period	The period ending on— (a) in the case of an active member, the last day of the scheme year immediately preceding the scheme year in which the member (M) died and beginning on the later of— (i) the first day of the scheme year in which M first joined the scheme; (ii) the first day of the tenth scheme year preceding the scheme year in which M died; (b) in the case of a partial retirement member, the last date on which an election under regulation 83 was exercised; (c) in the case of a pension credit member, the valuation date.
recent leaver	A person— (a) who left pensionable service less than 12 months before the date of the person's death, (b) who is neither qualified for a retirement pension pursuant to regulation 72 nor is a pensioner member because of rights resulting from that employment; and (c) in respect of whom no transfer value or refund of contributions has been paid in respect of that employment.
relevant earnings	Where the member (M) has— (a) 365 days of pensionable earnings in the period of 12 months ending on the last day of pensionable service, the amount of those pensionable earnings; or (b) less than 365 days of pensionable earnings in the period of 12 months ending on the last day of pensionable service, the amount of earnings represented by the formula:- $\frac{P E \times 365}{N}$ where— PE is the amount of pensionable earnings in the period of 12 months ending on the last day of M's pensionable service; and N is the number of days of pensionable service in that 12 month period.

Death of active member2

1

Except where paragraph 6 or 7 applies, a lump sum on death is payable under this paragraph in respect of the death of an active member before the member reaches the age of 75.

2

The amount of the lump sum on death payable is equal to the higher of—

a

twice the member's relevant earnings; or

b

twice the member's re-valued pensionable earnings for the scheme year falling in the earnings reference period which has the largest re-valued pensionable earnings.

3

Re-valued pensionable earnings must be construed in accordance with paragraph 7(3).

Death of deferred member3

1

A lump sum on death is payable under this paragraph in respect of the death of a deferred member before the member reaches the age of 75.

2

The amount of the lump sum on death payable is equal to 2.025 times the amount of the member's deferred annual pension.

Death of pensioner member4

1

Except where paragraph 6 or 7 applies, a lump sum on death is payable under this paragraph in respect of the death of a pensioner member (P).

2

The amount of the lump sum on death payable is equal to the lesser of—

a

five times the annual rate of pension (excluding any element in respect of additional pension), less the amount of the pension payments already made to the member; and

b

the amount that would have been payable under paragraph 2 had the member died on the member's last day of pensionable service, less any lump sum paid to the member when the pension came into payment as a result of the member exercising the option under regulation 76.

3

If P exercised the option under regulation 50, for the purposes of sub-paragraph (2)(a), the reference to the amount of the pension payments already made to the member is a reference to the amount of the pension payments that would have been made apart from the election.

Death of recent leaver5

1

A lump sum on death is payable under this paragraph in respect of the death of a recent leaver before the person reaches the age of 75.

2

The amount of the lump sum on death payable is equal to 2.025 times the amount of the deferred annual pension to which the recent leaver would have been entitled had that pension been calculated by reference to the pensionable service the recent leaver was entitled to count in the employment that has ceased.

Death of re-employed pensioner6

1

A lump sum on death is payable under this paragraph in respect of the death of a re-employed pensioner (P).

2

The lump sum is an amount equal to the sum of—

a

five times the annual rate of the relevant pension; and

b

the amount found by virtue of paragraph 4(2) in respect of each pension to which P has been entitled for less than 5 years.

3

The relevant pension is—

a

if P dies before reaching normal pension age, a Tier 2 IHP (within the meaning of regulation 89);

b

if P dies on or after reaching normal pension age, a pension to which P would have been entitled under regulation 72 at the date of death.

4

If P exercised the option under regulation 50, for the purposes of sub-paragraph (2)(b), the reference in paragraph 4(2) to the amount of the pension payments already made to the member is a reference to the amount of the pension payments that would have been made apart from the election.

Death of partial retirement pensioner7

1

A lump sum on death is payable under this paragraph in respect of the death of a partial retirement pensioner (partial pension).

2

The amount of the lump sum on death payable is equal to the sum of—

a

the appropriate fraction of an amount that is the better of—

i

twice the member's relevant earnings; and

ii

twice the member's re-valued pensionable earnings for the scheme year falling in the earnings reference period which has the largest re-valued pensionable earnings; and

b

the lesser of—

i

the total of the amounts found by virtue of paragraph 4(2)(a) for each pension drawn down under regulation 83; and

ii

the appropriate fraction of an amount that is the better of—

aa

twice the member's re-valued pensionable earnings for the period of 12 months ending on the date on which the member last exercised the option under regulation 82; and

bb

twice the member's re-valued pensionable earnings for the scheme year falling in the earnings reference period which has the largest re-valued pensionable earnings.

less any lump sum paid to the member in exchange for pension under regulation 76 as a result of the member exercising the option under regulation 83.

3

In this paragraph—

“appropriate fraction” means—
D P S T D P S
where—
- DPS is, where the member continues in pensionable service as an active member on the election day (or the last such election day if the option has been exercised more than once), the total number of days of pensionable service which do not relate to the specified percentage of pension at the election day, and
- TDPS is the aggregate of DPS and the total number of days pensionable service (at the election day or the last such election day if the election has been exercised more than once) which relate to the specified percentage of pension payable;
“election day” has the meaning given in regulation 83.
“re-valued pensionable earnings” means, in relation to a scheme year, an amount equal to the actual pensionable earnings for the year increased by the rate of change in prices specified by an order of the Department of Finance and Personnel under section 9 of the 2014 Act.

Death of pension credit member8

1

5

This sub-paragraph applies if—

a

the person specified in the notice has died before the payment can be made; or

b

the payment to that person is not, in the opinion of the scheme manager, reasonably practicable.

6

If the member—

a

leaves a surviving adult dependant; and

b

has not given notice under sub-paragraph (3) or has revoked any notice so given,

the lump sum may be paid to that person unless sub-paragraph (7) applies.

7

This sub-paragraph applies if the person to whom the lump sum (or a specified percentage of the lump sum) would otherwise be payable has been convicted of an offence specified in paragraph 12 of Schedule 3 (Forfeiture of rights to benefit) and the Secretary of State has directed, as a consequence of that conviction, that the person's right to a payment in respect of the member's death is forfeited.

8

A notice under sub-paragraph (3)—

a

must be given in writing; and

b

may be revoked at any time by a further notice in writing.

9

The scheme manager may pay the lump sum to any person claiming to be the member's personal representative or otherwise to fall within sub-paragraph (3)(a), without requiring proof that the person is such a person concerned, if the lump sum does not exceed—

a

£5,000; or

b

any higher amount specified in an order made under section 6(1) of the Administration of Estates (Small Payments) Act (Northern Ireland) 1967 M41 as the amount to be treated as substituted for references to £500 in section 1 of that Act.

10

The prohibition on assignment of benefits in paragraph 10 of Schedule 3 does not apply to an assignment by personal representatives under this paragraph.

SCHEDULE 13Definitions

Regulation 152

Annotations:

Amendments (Textual)

F27

Word in Sch. 13 substituted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 44(a)

F28

Word in Sch. 13 substituted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 44(b)

F5

Words in Sch. 13 inserted (with effect in accordance with reg. 1(8) of the amending Rule) by The Health and Social Care Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/196), regs. 1(2), 68

F29

Word in Sch. 13 substituted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 44(c)

F2

Words in Sch. 13 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), 14(2)

F30

Word in Sch. 13 substituted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 44(d)

F72

Words in Sch. 13 inserted (29.9.2023) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 22(6), 34 (with regs. 28-33)

F3

Words in Sch. 13 substituted (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), 14(3)

F26

Words in Sch. 13 omitted (1.4.2023) by virtue of The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 43

F25

Words in Sch. 13 inserted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 26(a)

Marginal Citations

M42

S.I. 1972/1265 (N.I. 14)

M43

1993 c.49

M44

S.I. 1995/3213 (N.I. 22)

M45

S.R. 1995 No.95 as amended by S.R. 1997 Nos.217 and 390; S.R. 1998 No.299; S.R. 1999 No.293; S.R. 2002 No.69; S.R. 2004 Nos.103 and 104; S.R. 2005 Nos.155, 533, 534 and 565; S.R. 2006 Nos.159 and 410; S.R. 2008 Nos.96, 130 and 163; S.R. 2009 Nos.65 and 188; S.R. 2010 Nos.22, 286 and 420; S.R. 2011 No.256; S.R. 2012 Nos.42 and 78; S.R. 2013 Nos.40, 73, 247 and 259 and S.R. 2014 Nos.59 and 225

M46

S.I. 1999/3147 (N.I. 11)

M47

2004 c.12

M48

S.R. 2008 No.256

M49

2014 c.2 (N.I.)

M50

2008 c.13 (N.I.); Section 3(7) was amended by the Pensions Act (Northern Ireland) 2012 section 6(1) (2012 c.3 (N.I.))

M51

S.R. 2010 No.122; Regulation 12 was amended by S.R. 2012 No.232

M52

1998 c.11

M53

S.R. 1999 No.294 as amended by S.R. 2002 No.129; S.R. 2004 No.104; S.R. 2005 Nos.154 and 533; S.R. 2006 No.410; S.R. 2008 Nos.130 and 350; S.R. 2010 Nos.22 and 286; S.R. 2012 No.42; S.R. 2013 No.259 and S.R. 2015 No.121

M54

2013 c.25

M55

S.R. 2004 No.140

M56

S.R. 2009 No.436

M57

S.I. 2003/1250 as amended by S.I. 2007/3101

M58

Section 4 was amended by S.I. 2005/433 Schedule 1

M59

Section 218 has been amended by section 67 of, and paragraphs 1 and 2 of Schedule 18 to, the Finance Act 2011 (c.11) and section 48(1) to (3) and (5) of, and paragraphs 5 and 6(1) to (3) of Schedule 22 to, the Finance Act 2013 (c.29)

M60

S.R. 2004 No.149 as amended by S.R. 2005 No.368

M61

1999 c.30

Table

Column 1Word or expression	Column 2Meaning or reference to provision where meaning is to be found
the 1972 Order	Health and Personal Social Services (Northern Ireland) Order 1972 M42
the 1993 Act	Pension Schemes (Northern Ireland) Act 1993 M43
the 1995 Order	Pensions (Northern Ireland) Order 1995 M44
the 1995 Regulations	The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 M45
the 1995 Section	The section of the Health and Social Care Pension Scheme set out in the 1995 Regulations
the 1999 Order	Welfare Reform and Pensions (Northern Ireland) Order 1999 M46
the 2004 Act	Finance Act 2004 M47
the 2008 Regulations	The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 M48
the 2008 Section	The section of the Health and Social Care Pension Scheme set out in the 2008 Regulations
the 2014 Act	Public Service Pensions Act (Northern Ireland) 2014 M49
accrual rate	the fraction of pensionable earnings that accrue as earned pension for a financial year
accrued rights	does not include a right to benefits attributable, directly or indirectly) to a pension credit
active member	see Article 124(1) of the 1995 Order. Except where the context otherwise requires refers to membership of this scheme (but see regulation 84(3)
actuarial reduction	see paragraph 9 of schedule 7
additional pension	unless the context otherwise requires, so much of a pension payable by virtue of contributions payable under Chapter 5 of Part 4
allocation amount	the amount of pension allocated in consequence of making an allocation election
allocation election	an election under regulation 50
APMS contract	arrangements under Article 56(2)(b) of the 1972 Order (primary medical services) between the F27Department and an APMS contractor
APMS contractor	a person— (a) with whom the F28Department has made arrangements under Article 56(2)(b) of the 1972 Order, and (b) who has entered into, or would be eligible to enter into, a GMS contract for the provision of primary medical services
automatic enrolment date	see section 3(7) of the Pensions (No.2) Act (Northern Ireland) 2008 M50
automatic re-enrolment date	see regulation 12 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010 M51
base rate	(a) The Bank of England base rate announced from time to time by the Monetary Policy Committee of the Bank as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or (b) If an order under section 19 of the Bank of England Act 1998 M52 is in force, an equivalent rate determined by the Treasury under that section.
Board and advisory work	See paragraph 1 of Schedule 8
certification services	Services related to the provision of medical certificates listed in Schedule 3 to the GMC Contracts Regulations
connected scheme	see section 4(6) of the 2014 Act, but the provisions of the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999 M53 are not a connected scheme for the purposes of these Regulations
conversion amount	see paragraph 10 of Schedule 7
corresponding health service scheme	(a) a pension scheme provided under regulations made under section 1(2)(e) of the Public Service Pensions Act 2013 M54 and having effect in England & Wales and Scotland
corresponding scheme	a corresponding health service scheme the provisions of which the Department has determined correspond to the provisions of these Regulations.
deferred member	in relation to a period of pensionable service is a person (P) who— (a) ceases to be an active member in relation to that period of service before P reaches normal pension age; (b) does not become a pensioner member in relation to that period of service; and (c) has at least two years' qualifying service or in respect of whom a transfer payment otherwise than from another occupational pension scheme has been received
F5dental performer	F5a dentist who has undertaken to provide general dental services (GDS) and whose name is included in a list of dentists prepared by the Regional Business Services Organisation (RBSO) under regulation 4 of the Health and Personal Social Services General Dental services Regulations (Northern Ireland) 1993
dental provider	see paragraph 5 of Schedule 5
dental practitioner	see paragraph 7 of Schedule 5
determination employer	see paragraph 8 of Schedule 5
employing authority	see regulation 32(7)
GDS arrangements	arrangements for the provision of general dental services under Article 61 of the 1972 Order
GDS provider	a person who is party to GDS arrangements
GMS contract	a contract under Articles 57 and 57A of the 1972 Order
GMS Contracts Regulations	the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 M55
GMS practice	(a) a registered medical practitioner who belongs to group D in regulation 27(1); or (b) two or more such individuals practising in partnership; or (c) a company limited by shares with whom the F29Department has entered into a GMS contract
GOS arrangements	has the meaning given by regulation 13 of the General Ophthalmic Services Regulations (Northern Ireland) 2007 M56
F2GP Federation	means a community interest company limited by guarantee, all the members of which are fully registered persons within the meaning of section 55 of the Medical Act 1983 and whose names are included in the medical performers list;
GP registrar	Means a medical practitioner who is being trained in general practice by a general medical practitioner who is approved under article 4(5)(d) for the purpose of providing training under article 5(1)(c)(i) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 M57
guaranteed minimum pension	see the 1993 Act, section 4 M58
health service worker	a person engaged in the provision of health services under the 1972 Order
HSC employment	employment or engagement of an individual who is of a description in— (a) any of sub-paragraphs (a) to (d) of paragraph (1) of regulation 18, or (b) sub-paragraph (a) or (b) of paragraph (2) of that regulation, Unless the scheme manager certifies that the employment is not HSC employment
HSC organisation	see paragraph 1 of Schedule 5
lifetime allowance	in relation to a person, has the meaning given in section 218 of the 2004 Act M59
locum Practitioner	means a registered medical practitioner (other than a GP Registrar) whose name is included in a medical performer's list and who is engaged, otherwise than in pursuance of a commercial arrangement with an agent, under a contract for services by— (a) a GMS practice; (b) an APMS contractor; (c) an OOH provider; or (d) the F30Department To deputise or assist temporarily in the provision of essential services, additional services, enhanced services, dispensing services, OOH services, commissioned services, certification or collaborative services (or any combination thereof).
medical contractor	see paragraph 4 of Schedule 5
medical performers list	means a list of registered medical practitioners prepared and published in accordance with the Health and Personal Social Services (Primary Medical Performers Lists) Regulations (Northern Ireland) 2004 M60
medical practitioner	see regulation 150
member	in relation to this scheme means— (a) an active member; (b) a deferred member; (c) a pensioner member; or (d) a pension credit member
non-GP provider	(a) a partner in a partnership that is a GMS practice who is not a GP provider and who demonstrates to the satisfaction of the Department that he assists in the provision of health and personal social services provided by that practice; (b) a partner in a partnership— (i) all of whose members have entered into a PMS agreement for the provision of primary medical services, but (ii) who is not a GP provider and who demonstrates to the satisfaction of the Department that he assists in the provision health and personal social services provided by that partnership; (c) a partner in a partnership that is an APMS contractor-- (i) that has entered into an APMS contract for the provision of primary medical services, but (ii) who is not a GP provider and who demonstrates to the satisfaction of the Department that he assists in the provision of health and personal social services provided by that partnership; (d) a shareholder in a company limited by shares that is— (i) a GMS practice, or (ii) a PMS practice or APMS contractor that has entered into a PMS agreement or APMS contract for the provision of primary medical services, but who is not a GP provider and who demonstrates to the satisfaction of the Department that he assists in the provision of health and personal social services provided by that company; (e) an individual who is a PMS practice or an APMS contractor but who is not a GP provider and who demonstrates to the satisfaction of the Department that he participates in the provision of health and personal social services
normal minimum pension age	see section 279(1) of the 2004 Act
normal pension age	is determined in accordance with section 10 of the 2014 Act
OOH provider	see regulation 149
OOH services	services which are required to be provided in the out of hours period which, if provided during core hours by a GMS practice or an APMS contractor to patients whom the practice or contractor is required by its GMS contract or APMS contract to provide essential services, would be or would be similar to essential services In this definition— (a) “core hours” means the period beginning 8am and ending 6:30pm on any day from Monday to Friday except Good Friday, Christmas Day and a bank holiday (b) “out of hours period” means— (i) the period beginning at 6:30pm on any day from Monday to Thursday and ending on 8am the following day; (ii) the period between 6:30pm on a Friday and 8am the following Monday; (iii) Good Friday, Christmas Day and a bank holiday
overtime	any period of time worked in excess of the lesser of— (a) the period of time for which the person has contracted to work in the ordinary course of events; or (b) such period of time as the scheme manager determines a person engaged in similar employment would reasonably be contracted to work in the ordinary course of events
F72parental bereavement leave	F72means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996
pay period	in relation to members who receive either salary, wages or other regular payments under a contract of employment or a contract for services, the period in respect of which each payment is made in accordance with the terms of that contract
pension credit	a credit under Article 26(1)(b) of the 1999 Order, (including a credit the Welfare Reform and Pensions Act 1999) M61
pension credit member	see section 121(1) of the 1995 Order
pensioner member	in relation to this scheme, is a person who is entitled to payment of a retirement pension under the scheme
pensionable employment	HSC employment in respect of which contributions are payable under Part 4
practice staff	a person who is— (a) not a registered medical practitioner, a GP registrar or a non-GP provider, and (b) is employed by a GMS practice, an APMS contractor F3, an OOH provider or a GP Federation to assist in the provision of the services it provides.
practitioner	see regulation 27(5)
prospective normal pension age	in relation to a member's prospective entitlement to benefits under this scheme, means the normal pension age that the scheme manager determines (by reference to the Department of Finance and Personnel's directions made under section 10(2) of the 2014 Act) would apply in relation to those benefits.
public sector transfer arrangements	arrangements approved by the Department as providing reciprocal arrangements for the payment and receipt of transfer values between this scheme and other occupational pension schemes
qualifying service	see regulation 22
quarter	a 3 month period ending on the last day of March, June, September or December
F26. . .	F26. . .
scheme manager	see regulation 3
scheme year	period of 12 months starting on 1 April in any year
F25shared parental leave	means leave under section 107E or 107G of the Employment Rights (Northern Ireland) Order 1996;
standard earned pension	pension which— (a) is earned under this scheme, and (b) is payable without actuarial reduction at normal pension age.
state pension age	pensionable age, as specified from time to time in Part 1 of Schedule 2 to the 1995 Order
this scheme	the scheme established by these Regulations
transfer payment	a transfer value payment or a cash transfer sum made or received by the scheme in relation to a member.
vocational trainee	a dental practitioner who is employed as a vocational trainee as a consequence of a placement arrangement made by a local postgraduate dental dean or a Director of postgraduate dental education

SCHEDULES

SCHEDULE 1Pension Board

Composition of the Pension Board1

1

a

b

i

ii

c

2

3

Terms of office of members2

1

2

Disqualification from appointment as a member3

1

2

a

b

c

i

ii

d

i

ii

e

i

ii

f

g

i

ii

h

i

i

ii

j

i

ii

Appointment, term of office and cessation of office of the chair4

1

2

3

4

a

b

c

Voting and quorum5

1

a

b

c

2

a

b

Conflicts of interest6

1

2

3

a

b

Information7

1

2

SCHEDULE 2Scheme Advisory Board

Composition of the Scheme Advisory Board1

1

2

3

Disqualification from appointment as a member2

1

2

a

b

c

i

ii

d

i

ii