The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations (Northern Ireland) 2022

Amendment of regulation 2

3.  In regulation 2 (Interpretation)—

(a) in the definition of “accrued club transfer earned pension”, in paragraph (b), for “amount of description” substitute “amount of a description”,

(b) for the definition of “active member”, substitute ““active member” has the meaning given in regulation 2A;”;

(c) at the appropriate place insert—

““additional adoption leave” means additional ordinary adoption leave under Article 107B of The Employment Rights (Northern Ireland) Order 1996(1);”;

(d) at the appropriate place insert—

““additional maternity leave” has the meaning given in regulation 2(1) of the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999(2);”;

(e) omit the definition of “additional paternity leave”;

(f) for the definition of “adoption leave”, substitute—

““adoption leave” means ordinary adoption leave or additional adoption leave;”;

(g) at the appropriate place insert—

““child-related leave” means adoption leave, maternity leave, parental leave, paternity leave or shared parental leave;”;

(h) for the definition of “connected scheme”, substitute—

““connected scheme” has the meaning given in regulation 2B;”;

(i) in the definition of “description of added pension”, in paragraph (a) omit “and”,

(j) in the definition of “index adjustment”—

(i) in paragraph (a), for “that scheme year” substitute “the previous scheme year”;

(ii) in paragraph (b), for “that scheme year” substitute “the previous scheme year”;

(k) in the definition of “maternity leave”, omit the words after “additional maternity leave”;

(l) at the appropriate place insert—

““ordinary adoption leave” means ordinary adoption leave under Article 107A of The Employment Rights (Northern Ireland) Order 1996(3);”;

(m) in the definition of “partial retirement earned pension”, in paragraph (b) after “(if any);” insert “and”

(n) for the definition of “partnership pension account”, substitute—

““partnership pension account” has the meaning given in regulation 2C;”;

(o) at the appropriate place insert—

““pensionable service”, in relation to a pension scheme, means service which qualifies a person to a pension or other benefits under that scheme;”;

(p) at the appropriate place insert—

““PCSPS(NI) partial retirement option” means the option exercisable under rule—

(a)

D.1A of Section I of the PCSPS(NI);

(b)

3.3b of Section II of the PCSPS(NI); or

(c)

E.4 of Section III of the PCSPS(NI);”;

(q) at the appropriate place insert—

““shared parental leave” has the meaning given in regulation 3(1) of The Shared Parental Leave Regulations (Northern Ireland) 2015(4);”;

(r) in the definition of “statutory pay”—

(i) in paragraph (c), omit “ordinary”;

(ii) for paragraph (d) substitute—

“(d) statutory shared parental pay within the meaning of section 167ZU (Entitlement: birth) or section 167ZW (Entitlement: adoption) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(5);”;

(s) omit the definition of “surviving nominated partner”;

(t) at the appropriate place insert—

““surviving partner” has the meaning given in regulation 101;”;

(u) in the definition of “transition member”, for “Paragraph” substitute “paragraph”

(v) for the definition of “weekly rate”, substitute—

““weekly rate”, in relation to a guaranteed minimum pension, means, in cases where the pension is paid otherwise than at weekly intervals, a rate which is equivalent to the earner’s guaranteed minimum having regard to the period in respect of which the pension is paid;”.

(1)

1996 No. 1919 (N.I. 16) Article 107B was inserted by The Employment (Northern Ireland) Order 2002 (N.I. 2), Article 3, and amended by The Work and Families (Northern Ireland) Order 2006 (N.I. 16), Schedule 1, paragraph 34, and the Work and Families Act (Northern Ireland) 2015 (c. 1), sections 3(1), 3(5) and 10(3).

(2)

Article 105 of The Employment Rights (Northern Ireland) Order 1996 was replaced by The Employment Relations (Northern Ireland) Order 1999 (N.I. 9), Schedule 4, part 1, and amended by The Work and Families (Northern Ireland) Order 2006, Schedule 1, paragraph 31, and the Work and Families Act (Northern Ireland) 2015 (c. 1), section 3(3).

(3)

Article 107A was inserted by The Employment (Northern Ireland) Order 2002, Article 3, and amended by The Work and Families (Northern Ireland) Order 2006, Schedule 1, paragraph 32, and the Work and Families Act (Northern Ireland) 2015, sections 3(1), 3(4), 8(1) and 10(1).

(4)

S.R. 2015/93, to which there are amendments not relevant to these Regulations.

(5)

1992 c.7 Sections 167ZU and 167ZV were inserted by the Work and Families Act (Northern Ireland) 2015, section 5.