2023 No. 33

Health And Personal Social ServicesPublic Service Pensions

The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023

Made

Coming into operation

The Department of Health makes the following Regulations in exercise of the powers conferred by Articles 12(1), (2) and (3), and 14(1) and (2) of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972 and sections 1(1) and (2)(e), 2(1) and 3(1) to (3) of, and paragraph 5 of Schedule 2 and Schedule 3 to, the Public Service Pensions Act (Northern Ireland) 20141 (“2014 Act”).

In accordance with Article 12(4) of the Superannuation (Northern Ireland) Order 1972 and sections 21(1) and 22(2)(a) of the 2014 Act, the Department has consulted the representatives of such persons as appear to the Department likely to be affected by these Regulations with a view to reaching agreement with them.

In accordance with section 22(2)(b) of the 2014 Act, the Department has laid a report before the Assembly.

In accordance with Article 12(1) of the Superannuation (Northern Ireland) Order 1972 and 3(5) of the 2014 Act the Regulations are made with the consent of the Department of Finance.

PART 1Introductory

Citation, commencement and effect1

1

These Regulations may be cited as the Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023.

2

These Regulations come into operation on 1 April 2023 and have effect as provided by paragraphs (3) to (5).

3

Part 2, Part 3, and regulations 18, 19, 22, 25 and 26 have effect from 15 March 2015.

4

Part 6 has effect from 1 April 2022.

5

Regulations 20, and 21 and Part 5 have effect from 1 November 2022.

PART 2Amendment of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995

General2

The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 19952 are amended as follows.

Amendment of regulation 23

In regulation 2 (interpretation), at the appropriate place insert—

  • shared parental leave” means leave under section 107E or 107G of the Employment Rights (Northern Ireland) Order 1996.

Amendment of regulation 654

In regulation 65 (absence because of illness or injury or certain types of leave)3 in paragraphs (1) and (4)(b) after “parental leave” insert “, shared parental leave”.

PART 3Amendments to the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

General5

The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 20084 are amended as follows.

Amendment of regulation 66

In regulation 6 (interpretation: general) at the appropriate place insert—

  • shared parental leave” means leave under section 107E or 107G of the Employment Rights (Northern Ireland) Order 1996.

Amendment of regulation 97

In regulation 9 (pensionable service: breaks in service)5

a

in paragraph (1)(e) after “parental leave,” insert “shared parental leave,”;

b

in paragraph (7) after “parental leave,” insert “shared parental leave,”.

Amendment of regulation 148

In regulation 14 (pensionable pay: breaks in service) 6 in paragraph (1)(e) after “parental leave,” insert “shared parental leave,”.

Amendment of regulation 359

In regulation 35 (effect of member being absent or leaving and rejoining this Section of the Scheme during the contribution option period the Scheme during the contribution option period)7 in paragraph (1)(e) after “parental leave,” insert “shared parental leave,”.

Amendment of regulation 8910

In regulation 89 (death during period of absence)—

a

at the end of sub-paragraph (d) omit “or parental leave,”.

b

after sub-paragraph (d) insert—

e

parental leave or shared parental leave,

Amendment of regulation 13711

In regulation 137 (interpretation), at the appropriate place insert—

  • shared parental leave” means leave under section 107E or 107G of the Employment Rights (Northern Ireland) Order 1996.

Amendment of regulation 14012

In regulation 140 (pensionable service: breaks in service)8

a

in paragraph (1) after “parental leave,” insert “shared parental leave,”;

b

in paragraph (7) after “parental leave,” insert “shared parental leave,”.

Amendment of regulation 14313

In regulation 143 (meaning of “pensionable earnings”)9-

a

in paragraph(4)(b) after “parental leave,” insert “shared parental leave,”;

b

in paragraph(5)(b) after “parental leave,” insert “shared parental leave,”.

Amendment of regulation 14414

In regulation 144 (pensionable earnings: breaks in service) 10in paragraph (1)(e) after “parental leave,” insert “shared parental leave,”.

Amendment of regulation 16615

In regulation 166 (effect of member being absent or leaving and rejoining this Section of the scheme during the contribution option period)11 in paragraph (1)(e) after “parental leave” insert “or shared parental leave”.

Amendment of regulation 21616

In regulation 216 (death during period of absence)—

a

at the end of sub-paragraph (d) omit “or parental leave,”.

b

after sub-paragraph (d) insert—

e

parental leave or shared parental leave,

PART 4Amendments to the Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

General17

The Health and Social Care Pension Scheme Regulations (Northern Ireland) 201512 are amended as follows.

Amendment of regulation 2118

In regulation 21 (absence from work) in paragraph (1)(e) after “parental leave,” insert “shared parental leave, or”.

Amendment of regulation 2819

In regulation 28 (pensionable earnings: break in service) in paragraph (2)(e) after “parental leave,” insert “shared parental leave, or”.

Amendment of regulation 3020

1

Regulation 30 (Members’ contributions: employees)13 is amended as follows.

2

In paragraph (3)—

a

after “the scheme year 2022/23” insert “(from 1 November 2022) and scheme year 2023/24 and each subsequent scheme year;

b

for the table in paragraph (3), substitute—

Table Scheme Year 2022/23 (from 1 November 2022) and Scheme Year 2023/24 and each subsequent scheme year.

Column 1

Pensionable earnings band

Column 2

Contribution percentage rate

Up to £13,246

5.1%

£13,247 to £16,831

5.7%

£16,832 to £22,878

6.1%

£22,879 to £23,948

6.8%

£23,949 to £28,223

7.7%

£28,224 to £29,179

8.8%

£29,180 to £43,805

9.8%

£43,806 to £49,245

10.0%

£49,246 to £56,163

11.6%

£56,164 to £72,030

12.5%

£72,031 and above

13.5%

3

In paragraph (3A)—

a

after “the scheme year 2022/23” insert “(from 1 November 2022) and scheme year 2023/24 and each subsequent scheme year”;

b

for the table in paragraph (3A), substitute—

Table Scheme Year 2022/23 (from 1 November 2022) and Scheme Year 2023/24 and each subsequent scheme year

Column 1

Pensionable earnings band

Column 2

Contribution percentage rate

Up to £13,246

5.1%

£13,247 to £16,831

5.7%

£16,832 to £22,878

6.1%

£22,879 to £23,948

6.8%

£23,949 to £28,223

7.7%

£28,224 to £29,179

8.8%

£29,180 to £43,805

9.8%

£43,806 to £49,245

10.0%

£49,246 to £56,163

11.6%

£56,164 to £72,030

12.5%

£72,031 and above

13.5%

Amendment of regulation 3121

1

Regulation 31 (members’ contributions: practitioners and non-GP providers)14 is amended as follows.

2

In paragraph (9)—

a

in sub-paragraph (a), for “each scheme year from 2015/16 to 2021/22, Table 1” substitute “the scheme year 2022/23, Table 1A and Table 1B as applicable”;

b

in sub-paragraph (b), for “the scheme year 2022/23” substitute “scheme year 2023/24 and each subsequent scheme year”

c

for the heading “Table 1 Scheme Years from 2015/16 to 2021/22” substitute “Table 1A Scheme Year 2022/23 from 1 April 2022 to 31sOctober 2022 (both dates inclusive)”;

d

after Table 1, insert—

Table 1B Scheme Year 2022/23 from 1 November 2022 to 31 March 2023 (both dates inclusive)

Column 1

Column 2

Pensionable earnings band

Contribution percentage rate

Up to £13,246

5.1%

£13,247 to £16,831

5.7%

£16,832 to £22,878

6.1%

£22,879 to £23,948

6.8%

£23,949 to £28,223

7.7%

£28,224 to £29,179

8.8%

£29,180 to £43,805

9.8%

£43,806 to £49,245

10.0%

£49,246 to £56,163

11.6%

£56,164 to £72,030

12.5%

£72,031 and above

13.5%

e

in the heading for Table 2, for “Year 2022/23” substitute “Year 2023/24 and each subsequent scheme year”.

f

For Table 2, substitute—

Column 1

Column 2

Pensionable earnings band

Contribution percentage rate

Up to £13,246

5.1%

£13,247 to £16,831

5.7%

£16,832 to £22,878

6.1%

£22,879 to £23,948

6.8%

£23,949 to £28,223

7.7%

£28,224 to £29,179

8.8%

£29,180 to £43,805

9.8%

£43,806 to £49,245

10.0%

£49,246 to £56,163

11.6%

£56,164 to £72,030

12.5%

£72,031 and above

13.5%

Amendment of regulation 6722

In regulation 67 (effect of being absent or leaving and rejoining scheme during contributions payment period) in paragraph (1)(e) after “parental leave” insert “or shared parental leave”.

Amendment of regulation 10423

In regulation 104 (previous earnings: general), in paragraph (7), in the definition of “re-valued pensionable earnings”, omit “and Personnel” and after “by order” insert “(in respect of the HSC Pension Scheme 2015)”.

Amendment of Schedule 724

1

Schedule 7 (pension accounts) is amended as follows.

2

(2) In paragraph 1 (interpretation)—

a

for the definition of “index adjustment” substitute—

  • 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).

b

in the definition of “AP index adjustment”, after “in an order”, insert “(in respect of the HSC Pension Scheme 2015)” and omit “and Personnel”.

3

In paragraph 3 (meaning of “leaver index adjustment”)—

a

in sub-paragraph (1), in Step 1, after “in an order”, insert “(in respect of the HSC Pension Scheme 2015)” and omit “and Personnel”;

b

for sub-paragraph (2), substitute—

2

Subject to sub-paragraph (2A), the leaver index adjustment for an amount of club transfer accrued earned pension is—

a

equal to the adjustment that would apply under the sending scheme to an amount of accrued earned pension equal to the amount of club transfer accrued earned pension specified in the active member’s account at the end of the relevant last day; and

b

applied to the amount of club transfer earned pension at the end of the relevant last day on the same day as the percentage increase or decrease referred to in the definition of index adjustment in paragraph 1(a).

c

after paragraph (b) insert –

2A

If the amount of the leaver index adjustment under sub-paragraph (1) or (2) is an amount that is less than zero, the amount of the leaver index adjustment for the purposes of that sub-paragraph paragraphs is zero.

4

In paragraph 4 (meaning of “leaver AP index adjustment”), in sub-paragraph (2)(b), after “in an order”, insert “(in respect of the HSC Pension Scheme 2015)” and omit “and Personnel”.

Amendment of Schedule 825

In Schedule 8 (practitioner income) in paragraph 3—

a

in sub-paragraph (3)(b) after “parental leave,” insert “shared parental leave,”;

b

in sub-paragraph (4)(b) after “parental leave,” insert “shared parental leave,”.

Amendment of Schedule 1326

In Schedule 1315 (definitions)—

a

at the appropriate place in Column 1, insert “shared parental leave”, and for the corresponding entry in Column 2 insert “means leave under section 107E or 107G of the Employment Rights (Northern Ireland) Order 1996;

PART 5Modifications of member contribution provisions in the Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

General27

The Health and Social Care Pension Scheme Regulations (Northern Ireland) 201516 are modified in accordance with this Part.

Expiry of modifications in this Part28

The modifications in this Part apply until the end of 31 March 2024.

Modification of regulation 3129

Regulation 31 (members’ contributions: practitioners and non-GP providers)17 is to be read as if—

a

in paragraph (3), for “the scheme year in question” there were substituted “each relevant period of the scheme year 2022/23 and for the scheme year 2023/24”;

b

after paragraph (9), there were inserted—

9A

For the purposes of this regulation, the “relevant period of the scheme year 2022/23” means the period—

a

beginning with 1 April 2022 and ending with 31October 2022 (both dates inclusive);

b

beginning with 1 November 2022 and ending with 31 March 2023 (both dates inclusive).

c

in paragraph (10), at the end, there were inserted “and references to the relevant period of the scheme year 2022/23 in regulations 37 and 38 must be construed in accordance with paragraph (9A)”.

Modification of regulation 3730

Regulation 37 (members’ contributions: supplementary: medical practitioners and non-GP providers)18 is to be read as if—

a

in paragraph (2)—

i

in the words before sub-paragraph (a), for “a scheme year” there were substituted “each relevant period of the scheme year 2022/23”;

ii

in sub-paragraph (b), after “M’s pensionable earnings for” there were inserted “each relevant period of”.

b

after paragraph (2), there were inserted—

2A

Paragraph (3A) applies if, in respect of the scheme year 2022/23, M—

a

has certified M’s pensionable earnings in accordance with Part 1 of Schedule 10 and forwarded a record of the earnings to the Department; or

b

was not required to certify M’s earnings in accordance with Part 1 of Schedule 10 but the Department has the figure that represents M’s pensionable earnings for that year.

c

in paragraph (3)—

i

in the words before sub-paragraph (a), for “the scheme year in question” there were substituted “each relevant period of the scheme year 2022/23”;

ii

for sub-paragraph (a), there were substituted—

a

certified or final pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23 uprated according to the formula:

PENDRP×365math

where—

  • PE is the certified or final amount of M’s pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23;

  • NDRP is the number of days of M’s group D service in each relevant period of the scheme year 2022/23; and

iii

in sub-paragraph (b)—

aa

after “received” there were inserted “for each relevant period of the scheme year 2022/23”;

bb

at the end, there were inserted—

  • ,

and the pensionable earnings to which the contribution rate is applied for each relevant period of the scheme year 2022/23 are M’s certified or final pensionable earnings from all group D sources for the relevant period

d

after paragraph (3), there were inserted—

3A

If paragraph (3) does not apply to M in respect of the scheme year 2022/23, M’s contributions payable for each relevant period of the scheme year 2022/23 are those specified in column 2 of the relevant table in respect of the amount of pensionable earnings referred to in column 1 of that table which corresponds to the aggregate of—

a

the pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23 determined by applying the formula:

PENDPS×NDRPmath
  • where—

    • PE is the certified or final amount of M’s pensionable earnings from all group D sources for the scheme year 2022/23;

    • NDPS is the number of days of M’s group D service in the scheme year 2022/23;

    • NDRP is the number of days of M’s group D service in each relevant period of the scheme year 2022/23,

    and uprated according to the formula:

    PENDRP×365math

    where—

    • PE is M’s pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23 determined in accordance with this paragraph;

    • NDRP is the number of days of M’s group D service in each relevant period of the scheme year 2022/23; and

    1. a

      any additional pensionable earnings M is treated as having received for each relevant period of the scheme year 2022/23 during an absence from work in accordance with regulation 28,

and the pensionable earnings to which the contribution rate is applied for each relevant period of the scheme year 2022/23 are determined by applying the formula:

PENDPS×NDRPmath
  • where—

    • PE is the certified or final amount of M’s pensionable earnings from all group D sources for the scheme year 2022/23;

    • NDPS is the number of days of M’s group D service in the scheme year 2022/23;

    • NDRP is the number of days of M’s group D service in each relevant period of the scheme year 2022/23.

e

in paragraph (4), in the words before sub-paragraph (a), for “paragraph (3) does” there were substituted “paragraphs (3) or (3A) do”;

f

in paragraph (5)—

i

for “paragraph (2)(a) or (b) is”, there were substituted “paragraphs (2)(a) or (b) or (2A)(a) or (b) are”;

ii

for “paragraph (3)” there were substituted “paragraphs (3) or (3A)”.

Modification of regulation 3831

Regulation 38 (members’ contributions: supplementary: dental practitioners)19 is to be read as if—

a

in paragraph (2)—

i

in the words before sub-paragraph (a), for “a scheme year” there were substituted “each relevant period of the scheme year 2022/23”;

ii

in sub-paragraph (b), after “M’s pensionable earnings for” there were inserted “each relevant period of”.

b

after paragraph (2), there were inserted—

2A

Paragraph (3A) applies if, in respect of the scheme year 2022/23, M—

a

has reconciled or certified M’s pensionable earnings in accordance with Part 1 of Schedule 10 and forwarded a record of those earnings to the Department; or

b

was not required to reconcile or certify M’s earnings in accordance with Part 1 of Schedule 10 but the Department has the figure that represents M’s pensionable earnings for the scheme year.

c

in paragraph (3)—

i

in the words before sub-paragraph (a), for “the scheme year in question” there were substituted “each relevant period of the scheme year 2022/23”;

ii

for sub-paragraph (a), there were substituted—

a

reconciled, certified or final pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23 uprated according to the formula:

PENDRP×365math
  • where—

    • PE is the reconciled, certified or final amount of the dental practitioner’s pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23;

    • NDRP is the number of days of dental practitioner service in each relevant period of the scheme year 2022/23; and

iii

in sub-paragraph (b)—

aa

after “received” there were inserted “for each relevant period of the scheme year 2022/23”;

bb

at the end, there were inserted—

  • ,

and the pensionable earnings to which the contribution rate is applied for each relevant period of the scheme year 2022/23 are M’s reconciled, certified or final pensionable earnings from all group D sources for the relevant period

d

after paragraph (3), there were inserted—

3A

If paragraph (3) does not apply to M in respect of the scheme year 2022/23, M’s contributions payable for each relevant period of the scheme year 2022/23 are those specified in column 2 of the relevant table in respect of the amount of pensionable earnings referred to in column 1 of that table which corresponds to the aggregate of—

a

the pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23 determined by applying the formula:

PENDPS×NDRPmath
  • where—

    • PE is the reconciled, certified or final amount of the dental practitioner’s pensionable earnings from all group D sources for the scheme year 2022/23;

    • NDPS is the number of days of dental practitioner service in the scheme year 2022/23;

    • NDRP is the number of days of dental practitioner service in each relevant period of the scheme year 2022/23,

    and uprated according to the formula:

    PENDRP×365math

    where—

    • PE is M’s pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23 determined in accordance with this paragraph;

    • NDRP is the number of days of dental practitioner service in each relevant period of the scheme year 2022/23; and

    1. a

      any additional pensionable earnings M is treated as having received for each relevant period of the scheme year 2022/23 during an absence from work in accordance with regulation 28,

and the pensionable earnings to which the contribution rate is applied for each relevant period of the scheme year 2022/23 are determined by applying the formula:

PENDPS×NDRPmath
  • where—

    • PE is the reconciled, certified or final amount of the dental practitioner’s pensionable earnings from all group D sources for the scheme year 2022/23;

    • NDPS is the number of days of dental practitioner service in the scheme year 2022/23;

    • NDRP is the number of days of dental practitioner service in each relevant period of the scheme year 2022/23.

e

in paragraph (4), in the words before sub-paragraph (a), for “paragraph (3) does” there were substituted “paragraphs (3) or (3A) do”;

f

in paragraph (5)—

i

for “paragraph (2)(a) or (b) is”, there were substituted “paragraph (2)(a) or (b) or (2A)(a) or (b) are”;

ii

for “paragraph (3)” there were substituted “paragraph (3) or (3A)”.

PART 6Consequential Amendments in the Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

General32

The Health and Social Care Pension Scheme Regulations (Northern Ireland) 201520 are amended as follows.

Amendment of regulation 3133

In regulation 31(5), (7)(b) and (8) in each place for “RHSCB” substitute “Department”.

Amendment of regulation 3234

In the table in regulation 32(6) and in regulation 32(8) for “RHSCB” substitute “Department”.

Amendment of regulation 3735

In regulation 37(2)(a) and (b), (4) and (6) for “RHSCB” substitute “Department”.

Amendment of regulation 3836

In regulation 38(2)(a) and (b), (4) and (6) in each place for “RHSCB” substitute “Department”.

Amendment of regulation 8337

In regulation 83(4)(b)(ii) for “RHSCB” substitute “Department”.

Amendment of regulation 14938

In regulation 149(2)(b) and (c), (3)(f) and (g) (in both places), (5), (6), (7)(a), (9)(in both places), (10)(a) and (11)(a) for “RHSCB” substitute “Department”.

Amendment of regulation 15039

In regulation 150(10) for “RHSCB” substitute “Department”.

Amendment of Schedule 540

In Schedule 5 omit paragraph 1(b).

Amendment of Schedule 841

In Schedule 8 for “RHSCB” substitute “Department” in—

a

paragraph 1, the definition of “collaborative services” (in both places) and “commissioned services”;

b

paragraph 3(3);

c

paragraphs 6(2), (4)(c), (5)(a) and (7).

Amendment of Schedule 1042

In Schedule 10 for “RHSCB” substitute ”Department” in—

a

paragraph 1(2);

b

paragraph 2(2);

c

paragraph 3(1);

d

paragraph 4(1), (3) and (4) (in both places);

e

paragraph 7(1)(b) (in both places), (2), (3)(a) and (b), (4)(a) and (b) (in each place), (5)(b) (in both places), (6)(a) and (b) (in each place), (7), (8)(in both places), (9)(a) (in both places) and (b), (10) and (11);

f

the heading and text of paragraph 9;

g

paragraph 10(2)(a).

Amendment of Schedule 13

43

In Schedule 1321 (definitions) omit the definition of “RHSCB”

44

In Schedule 13 for “RHSCB substitute “Department” in the definition of—

a

APMS contract;

b

APMS contractor;

c

GMS practice;

d

locum Practitioner.

Sealed with the Official Seal of the Department of Health on 9 March 2023

seal_r00008Philip RodgersA senior officer of theDepartment of Health

The Department of Finance consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance on 9 March 2023

seal_r00008Patrick NeesonA senior officer of theDepartment of Finance
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 (S.R 1995 No.95) (“the 1995 Regulations”), Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008 No.256) (“the 2008 regulations”), Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015 (S.R. 2015 No.120) (“the 2015 Regulations”).

Part 1 provides for citation, commencement and effect, including that some provisions of this rule are to take effect retrospectively. Article 14(1) of the Superannuation (Northern Ireland) Order 1972 and section 3(3) of the Public Service Pensions Act (Northern Ireland) 2014 provide authority for these regulations to take effect as a date earlier than the making of these Regulations.

Parts 2 and 3 make amendments to the 1995 Regulations and the 2008 Regulations, by including income from shared parental leave within pensionable pay.

Part 4 similarly amends the 2015 Regulations in relation to shared parental leave. It also amends these regulations to update the member contribution tiers in line with the AfC pay award and to make technical amendments in relation to the calculation of the index adjustment of member balances.

Part 5 makes temporary technical amendments in relation to the calculation of practitioner contribution rates paid by members.

Part 6 removes references to the Regional Health and Social Care Board (which ceased to exist from 1 April 2022) and replaces these with references to the Department.