The Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023

PART 1 General provisions

Citation and commencement

1.  These Regulations may be cited as the Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023 and come into operation on 1st October 2023.

Interpretation

2.—(1) In these Regulations—

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022(1);

“2004 Act” means the Finance Act 2004(2);

“the 1995 Regulations” means The Health and Personal Social Service (Superannuation) Regulations (Northern Ireland) 1995(3);

“the 1995 Section” means the section of the legacy scheme set out in the 1995 Regulations;

“the 2008 Regulations” means The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (4);

“the 2008 Section” means the section of the legacy scheme set out in the 2008 Regulations;

“the 2015 Regulations” means The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015 (5);

“2015 scheme” means The Health and Social Care Pension Scheme Regulations (Northern Ireland) set out in the 2015 Regulations;

“2015 scheme contributions” means contributions under regulation 37(6) of the 2015 Regulations (Members’ contributions: supplementary: medical practitioners and non-GP providers);

“the 2015 Transitional Regulations” means The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (7);

“the 2023 Directions” means the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions (Northern Ireland) 2023;

“active or deferred remedy member” means a member who—

(a)

on 30th September 2023 was an active member or deferred member in respect of remediable service in the legacy scheme or the 2015 scheme, and

(b)

is not a pensioner remedy member;

“deferred choice member” means a member with remediable service who is not an immediate choice member or a deceased member;

“deferred choice pension” means a pension the rate of which-

(a)

is not determined (by any extent) by reference to the member’s remediable service; and

(b)

is not affected by the coming into force of section 2(1) of PSPJOA 2022;

“designated person” has the meaning given in regulation 7(2);

“end of the deferred choice election period” means—

(a)

the end of the period of three months beginning with the day on which a remediable service statement is provided to the deferred choice member or, as the case may be, the designated person in accordance with regulation 6, or

(b)

such earlier or later time as specified in the remediable service statement as the scheme manager considers reasonable in all the circumstances of the case,

which also meets the requirements of regulation 12(8);

“end of the immediate choice election period” means—

(a)

the end of the period of one year beginning with the day on which a remediable service statement is provided to the immediate choice member or, as the case may be, the designated person in accordance with regulation 6, or

(b)

such—

(i)

later time as specified in the remediable service statement as the scheme manager considers reasonable in all the circumstances of the case; or

(ii)

earlier time as agreed by the scheme manager with the immediate choice member or designated person;

“immediate choice member” means a member with remediable service who, immediately before 1 October 2023 was deceased or entitled to the present payment of a pension which—

(a)

is a pension under the legacy scheme or the 2015 scheme, and

(b)

is not a deferred choice pension;

“legacy scheme” means The Health and Social Care Pension Scheme for Northern Ireland set out in the 1995 Regulations and the 2008 Regulations;

“legacy scheme contributions” means contributions under paragraph 10(8) of Schedule 2 to the 1995 Regulations (practitioners and non-GP providers: contributions to the 1995 Section) or regulation 161 of the 2008 Regulations (Members’ contribution rate) (whichever is relevant);

“lump sum benefit” means any benefit payable under the legacy scheme or the 2015 scheme by way of a lump sum;

“medical practitioner” has the same meaning as in regulation 150 of the 2015 Regulations(9);

“non-GP provider” has the same meaning as in Schedule 13 to the 2015 Regulations;

“pension benefit” means any benefit payable under the legacy scheme or the 2015 scheme otherwise than by a lump sum;

“pensioner remedy member” means a member who on 30th September 2023 was entitled to a retirement pension in respect of—

(a)

remediable service in the legacy scheme or the 2015 scheme, or

(b)

pensionable service in the legacy scheme, where—

(i)

the member became entitled to the retirement pension on or after 1st April 2015, and

(ii)

on 30th September 2023, the member was an active or deferred member in respect of remediable service in the 2015 scheme;

“relevant scheme year” means any of the seven scheme years beginning with 1st April 2015 to 31st March 2016 (both dates inclusive) and ending with 1st April 2021 to 31st March 2022 (both dates inclusive);

“remedy member” means a member who has pensionable service under the legacy scheme or the 2015 scheme that is remediable service(10);

“scheme administrator” means the regional Business Services Organisation (RBSO) (11);

“scheme manager” means the Department or, where the Department has made arrangements for any of the functions and responsibilities as scheme manager under the 2015 Regulations to be performed on the Department’s behalf by another person pursuant to regulation 3(2) of those Regulations, that other person.

(2) In these Regulations, “in writing” includes by electronic communication where such communication is approved by the scheme manager from time to time and “electronic communication” has the same meaning as in section 4(1) of the Electronic Communications Act (Northern Ireland) 2001(12).

(3) For the purposes of these Regulations, a reference in PSPJOA 2022 to section 2(1) of that Act coming into force is to be understood as a reference to that section coming into force in relation to members of the legacy scheme and the 2015 scheme.

(4) A term used in these Regulations which—

(a) is defined in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022; and

(b) is not defined differently in these Regulations,

has the meaning given in, or for the purposes of, that provision.

(5) The Interpretation Act (Northern Ireland) 1954(13) applies to these Regulations as it applies to an Act of the Assembly.

(1)

2022 c.7.

(2)

2004 c. 12.

(3)

S.R. 1995 No.95 as amended by S.R. 1997 Nos.217 and 390; S.R. 1998 No.299; S.R. 1999 Nos.293 and 294; S.R. 2001 No.367; 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; S.R. 2014 Nos.59 and 225; S.R. 2015 Nos.56, 121 and 122; S.R. 2016 No.384; S.R. 2019 No.62; S.R. 2022 Nos 153, 156, 196, 244 and 245 and S.R. 2023 No.33.

(4)

S.R. 2008 No.256 as amended by 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; S.R. 2014 Nos.59 and 225; S.R. 2015 Nos.56, 121 and 122; S.R. 2016 No.384; S.R. 2019 No.62; S.R. 2022 Nos 153,196, 244 and 245 and S.R. 2023 No.33.

(5)

S.R. 2015 No.120 as amended by S.R. 2016 No.384; S.R 2019 No.62; S.R 2022 Nos.153, 156, 196, 244 and 245 and S.R.2023 No.33.

(6)

Regulation 37 was amended by S.R 2022 Nos. 196 and 244 and S.R. 2023 No.33.

(7)

S.R. 2015 No. 122 as amended by S.R.2022 Nos. 156 and 196

(8)

Paragraph 10 was substituted by S.R. 2005 No. 565 and subsequently amended by S.R. 2006 No.159, S.R. 2008 No.163, S.R. 2009 Nos.65 and 188, S.R. 2010 Nos.22, 286, and 420, S.R. 2012 Nos.42 and 78, S.R. 2013 Nos.73, 247, and 259, S.R. 2014 Nos.59 and 225, 2015 Nos.56 and 121, S.R. 2019 No. 62, S.R. 2022 No.196.

(9)

Regulation 150 was amended by S.R. 2023/33.

(10)

For the meaning of “remediable service”, see section 1 of PSPJOA 2022.

(11)

This Authority was established by Health and Social Care (Reform) Act Northern Ireland 2009.

(12)

2001 c. 9. (Section 4(1) has been amended by section 406(1) of, and paragraph 170 of Schedule 17 to, the Communications Act 2003 (c. 21).

(13)

1954 c.33 (NI 11)