30. The Health and Social Care (Transitional and Consequential Provisions) (Northern Ireland) Regulations 2015(1) are amended in accordance with this Part.
Commencement Information
I1Reg. 30 in operation at 1.4.2024, see reg. 1
31.—(1) Regulation 2 (interpretation) is amended as follows.
(2) In the appropriate place, insert—
““non-superannuable 1995 Section member” means a member of—
the 1995 Section who, on 31st March 2022, is no longer required to pay contributions under regulation 10 (3) or (4) (contributions by members) of the 1995 Regulations; and
the new scheme in respect of service on or after 1st April 2024;
“non-pensionable 2008 Section member” means a member of—
the 2008 Section who, on 31st March 2022, is a non-contributing member within the meaning of regulation 6 (interpretation of Part 2: officers) or 137 (interpretation of Part 3: general) of the 2008 Regulations; and
the new scheme in respect of service on or after 1st April 2024;
“non-pensionable old scheme member” means—
a non-pensionable 1995 Section member; or
a non-pensionable 2008 Section member;”.
(3) In the definition of “officer transition member”, after “a person” insert “other than a non-pensionable old scheme member”.
(4) In the definition of “practitioner transition member”, after “a person” insert “other than a non-pensionable old scheme member”.
Commencement Information
I2Reg. 31 in operation at 1.4.2024, see reg. 1
F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 32 omitted (12.6.2024) by virtue of The Health and Social Care Pension Schemes (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/117), regs. 2, 33
Commencement Information
I3Reg. 32 in operation at 1.4.2024, see reg. 1
33.—(1) Regulation 14 (determination of pensionable pay, final pensionable pay and reckonable pay) is amended as follows.
(2) In paragraph (1), after the words “a 1995 officer transition member” insert “or a non-pensionable 1995 Section member”.
(3) In paragraph (2), after the words “a 2008 officer transition member” insert “or a non-pensionable 2008 Section member”.
Commencement Information
I4Reg. 33 in operation at 1.4.2024, see reg. 1
34. In regulation 15 (no refund of contributions in cases of inordinate pay) for “1995 officer transition member’s final year’s pensionable pay” substitute “member’s final years’ pensionable pay in respect of a 1995 officer transition member or a non-pensionable 1995 Section member”.
Commencement Information
I5Reg. 34 in operation at 1.4.2024, see reg. 1
35. In regulation 16 (cessation of final salary link on payment of benefits), after “member’s benefits” insert “or a non-pensionable old scheme member’s benefits”.
Commencement Information
I6Reg. 35 in operation at 1.4.2024, see reg. 1
36. After regulation 17 (Final salary link: Mental Health Officers), insert—
17A.—(1) This regulation applies if benefits under the old scheme payable to or in respect of a non-pensionable old scheme member are to be calculated by reference to that member’s final salary as determined in accordance with Schedule 7 to the 2014 Act (“the member’s final salary link”).
(2) Where this regulation applies, the benefits under the old scheme payable to or in respect of the member may be calculated without reference to the member’s final salary link if it would be more beneficial to the member or other beneficiary to do so.”.
Commencement Information
I7Reg. 36 in operation at 1.4.2024, see reg. 1
37.—(1) Regulation 31 (partial retirement)(2) is amended as follows.
(2) For paragraph (1) substitute⸺
“(1) Where a transition member or non-pensionable old scheme member elects to claim a specified percentage of that member’s pension pursuant to regulation 83 of the 2015 Regulations, that election is to be treated as also being an option for the purposes of partial retirement pension pursuant to whichever of the following regulations applies to the member⸺
(a)regulation 16A of the 1995 Regulations (with or without the modifications made in paragraph 12A of Schedule 2); or
(b)regulations 49 or 180 of the 2008 Regulations.”.
(3) For paragraph (2) substitute⸺
“(2) A transition member or non-pensionable old scheme member does not become entitled to a specified percentage of a pension under regulation 83 of the 2015 Regulations until the member has become entitled to and claimed all the benefits in⸺
(a)the 1995 Section; or
(b)the 2008 Section.”.
(4) For paragraph (3) substitute—
“(3) For the purposes of regulation 16A(7) and paragraph 12A of Schedule 2 to the 1995 Regulations, or regulation 49(6) and 180(5) of the 2008 Regulations, and regulation 83(5) of the 2015 Regulations (as the case may be)—
(a)the pension, other than the pension claimed in respect of additional benefits (in the case of regulation 16A of the 1995 Regulations) or additional pension (in the case of regulation 49 and 180 of the 2008 Regulations), to which the member becomes entitled as a result of the option or election (before converting pension to lump sum) is not to be less than the amount of pension payable by reference to 20% of the aggregate of the member’s pensionable service under the 1995 Regulations, or the 2008 Regulations (as the case may be), and the 2015 Regulations at the end of the option day; and
(b)taken together with any increase to which the member has become entitled as a result of the option or election, the aggregate of the member’s pension under the 1995 Regulations, or the 2008 Regulations (as the case may be), and the 2015 Regulations is not less than 0.05% of the member’s lifetime allowance on the option day.”.
Commencement Information
I8Reg. 37 in operation at 1.4.2024, see reg. 1
38.—(1) Regulation 35 (variations to lump sums for 1995 and 2008 pensioners joining new scheme), is amended as follows.
(2) In the heading, add “(other than pensioners who have taken a partial retirement pension)”
(3) In paragraph (1)—
(a)for “and 7”, in the first place it occurs, substitute “,7, 9 and 10”;and
(b)after “paragraph 2 of Schedule 1” add “other than persons who have taken a partial retirement pension.”.
(4) For paragraph (3) substitute—
“(3) In this regulation—
“partial retirement pension” means a pension under—
regulation 16A of the 1995 Regulations;
regulation 49 or 180 of the 2008 Regulations; or
regulation 83 of the 2015 Regulations; and
“the relevant pension” means where the member has not taken partial retirement from the new scheme pursuant to regulation 83 of the 2015 Regulations, an amount equal to—
if the member dies before reaching normal pension age in the new scheme, a tier 2 IHP within the meaning of regulation 89(1)(b) of the 2015 Regulations; or
if the member dies on or after reaching normal pension age in the new scheme, a pension under regulation 72 of the 2015 Regulations.”.
Commencement Information
I9Reg. 38 in operation at 1.4.2024, see reg. 1
39.—(1) After regulation 35 (variations to lump sums for 1995 and 2008 pensioners joining new scheme) insert—
(1) This regulation applies to persons falling in Groups 1 to 4, 6, 7, 9 and 10 in the table at paragraph 1 of Schedule 1 and Groups 1 to 4, 6 and 7 in the table at paragraph 2 of Schedule 1 who have taken a partial retirement pension.
(2) Where this regulation applies the lump sum payable on the death of an active member in place of any lump sum otherwise payable in respect of that member under regulation 111(a) of the 2015 Regulations and regulation 85(2)(a) or regulation 193A(2)(a) of the 2008 Regulations are the lump sums found under—
(a)paragraph (3), if the member has taken an old scheme partial retirement pension but has not taken a new scheme partial retirement pension; and
(b)paragraph (4), if the member has taken a new scheme partial retirement pension.
(3) Where paragraph (2)(a) applies, the lump sum is an amount equal to the appropriate fraction of an amount that is the better of—
(a)twice the member’s relevant earnings calculated in accordance with paragraph 7(2)(a)(i) of Schedule 12 to the 2015 Regulations (death of a partial retirement pensioner); and
(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 calculated in accordance with paragraph 7(2)(a)(ii) of Schedule 12 (lump sum on death) to the 2015 Regulations, that Schedule.
(4) Where paragraph (2)(b) applies, the lump sum is an amount determined by the scheme manager after taking advice from the scheme actuary.
(5) In this regulation—
“appropriate fraction” means—
DPS / TDPS
where—
DPS is, where the member continues in pensionable service as an active member of the 2015 Scheme on the option day (or the last such option day if the option has been exercised more than once), the total number of days of pensionable service in that Scheme and this Section of the scheme which do not relate to the specified percentage of pension at the option day; and
TDPS is the aggregate of DPS and the total number of days of pensionable service (at the option day or the last such option day if the option has been exercised more than once) which relate to the specified percentage of pension payable;
“old scheme partial retirement pension” means a pension under—
regulation 16A of the 1995 Regulations; or
regulation 49 or 180 of the 2008 Regulations (whichever applies);
“option day” has the meaning given in—
paragraph (11) of regulation 16A of the 1995 Regulations in the case of a member who has taken a partial retirement pension under that regulation;
paragraph (8) of regulation 49 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation; and
paragraph (7)(b)(ii) of regulation 180 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation; and
“specified percentage of pension” has the meaning given in—
paragraph (4) of regulation 16A of the 1995 Regulations in the case of a member who has taken a partial retirement pension under that regulation;
paragraph (4) of regulation 49 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation; and
paragraph (3) of regulation 180 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation.”.
Commencement Information
I10Reg. 39 in operation at 1.4.2024, see reg. 1
40.—(1) Regulation 38 (death in service) is amended as follows.
(2) In paragraph (1)—
(a)for “the table” substitute “Table 1”;
(b)for the heading “Table” substitute “Table 1 Transition member entitlements”
(3) After paragraph (1), insert—
“(1A) As regards a non-pensionable old scheme member, or a person who derives a benefit from the old scheme or new scheme in respect of a non-pensionable old scheme member, the entitlement listed in column 1 of Table 2 is disapplied and the corresponding entitlement in column 2 applies instead.
| Column 1 | Column 2 |
|---|---|
| Original entitlement | Revised entitlement |
| PART 1 | |
| Entitlements derived from the 1995 Section | |
| a lump sum on death under regulation 18. | a lump sum on death under regulation 111(a) of the 2015 Regulations which is equal to the greater of– (a) the lump sum calculated in accordance with paragraph 2 (death of active member) of schedule 12 (lump sum on death) to the 2015 Regulations; and (b) the lump sum otherwise due under the original entitlement to a lump sum on death under regulation 18 of the 1995 Regulations. |
| an initial adult survivor pension under regulation 24(3B) at the rate of the member’s superannuable pay for the first six months after the member’s death. | a pension payable from the new scheme during the initial period at the rate which is equal to the greater of– a) the rate of the member’s pensionable earnings under regulation 114(4) of the 2015 Regulations; and (b) the rate of the member’s pensionable pay that would have applied under the original entitlement in respect of the member under regulation 24(3B) of the 1995 Regulations where references in regulation 24(3C) and 34(4B) and (4C) of the 1995 Section to regulation 24(3B) are to be taken to be a reference to a pension payable under regulation 114(4) of the 2015 Regulations. |
| an ongoing pension under regulation 24(3C) based on one half of the member’s notional ill-health pension had the member become entitled to a tier 2 pension under regulation 13A on the member’s last day of superannuable employment. | (a) payable from the 1995 Section in respect of service in that Section, an ongoing adult survivor pension equal to the pension that would have been payable to the adult survivor under Regulations 23-31H of the 1995 Section if the member had retired with a pension under regulation 12 of the 1995 Section on the member’s last day of pensionable employment; and (b) payable from the new scheme in respect of service in that scheme, an ongoing survivor pension based on a Tier 2 IHP under regulation 114(5) of the 2015 Regulations. |
a dependant child’s pension under regulation 34 equal to the rate of the member’s final year’s superannuable pay, payable for the first— (a) three months under paragraph (4C); (b) six months under paragraph (4D); (c) six months under paragraph (4E). | an initial pension payable from the new scheme equal to the greater of– (a) an initial pension of the same amount and for the same duration under paragraph (6) or (7) of regulation 122 of the 2015 Regulations; and (b) an initial pension of the same amount and for the same duration as the original entitlement in respect of the member under regulation 34 of the 1995 Regulations. |
| an ongoing pension under regulation 34(2A) based on a proportion of the member’s notional ill-health pension had the member become entitled to a tier 2 pension under regulation 13A on the member’s last day of superannuable employment or, if greater, the amount that pension would have been had it been based on 10 years pensionable service. | (a) payable from the 1995 Section in respect of service in that Section, an ongoing pension equal to the relevant proportion of the pension that would have been payable to the member if the member had retired with a pension under regulation 12 of the 1995 Section on the member’s last day of pensionable employment; and (b) payable from the new scheme in respect of service in that scheme, an ongoing pension based on the appropriate fraction of the basic death pension specified under regulation 122(3) and (4) of the 2015 Regulations. |
| PART 2 | |
| Entitlement derived from the 2008 Section | |
| a lump sum on death under regulation 83(1) or 210(1). | a lump sum on death under regulation 111(a) of the 2015 Regulations which is equal to the greater of– (a) the lump sum calculated in accordance with paragraph 2 (death of active member) of schedule 12 (lump sum on death) to the 2015 Regulations; and (b) the lump sum otherwise due under the original entitlement to a lump sum on death under regulation 83(1) or 210(1) of the 2008 Regulations. |
a surviving adult dependent’s pension during the initial period of six months— (a) under regulation 69(1)(b) equal to the deceased’s reckonable pay; or (b) under regulation 196(1)(b) equal to the monthly average of the deceased’s uprated earnings on the member’s last day of superannuable service. | a pension payable from the new scheme during the initial period at the rate which is equal to the greater of– (a) the rate of the member’s pensionable earnings under regulation 114(4) of the 2015 Regulations; and (b) the rate of the deceased’s reckonable pay under regulation 69(1)(b) of the 2008 Regulations or the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service under regulation 196(1)(b) of the 2008 Regulations, where references in regulation 69(2) and 196(2) of the 2008 Regulations to “after the initial period” are to be taken to be a reference to the period for which the initial pension payable under regulation 114(4) of the 2015 Regulations is payable. |
If the member has not reached the age of 65: an ongoing pension after the initial period— (a) under regulation 69(2)(a) equal to 37.5% of the tier 2 ill health pension under regulation 58 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension; or (b) under regulation 196(2)(a) equal to the appropriate proportion of the tier 2 ill health pension under regulation 182 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension. If the member has reached the age of 65: an ongoing pension after the initial period— (a) under regulation 69(2)(b) equal to 37.5% of the pension under regulation 45 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of superannuable service; or (b) under regulation 196(2)(b) equal to the appropriate proportion of the tier 2 ill health pension under regulation 176 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of superannuable service. | (a) payable from the 2008 Section in respect of service in that Section, an ongoing adult survivor pension after the initial period equal to— (i) 37.5% of the pension under regulation 45 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; or (ii) the appropriate proportion of the pension under regulation 176 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; and (b) payable from the new scheme in respect of service in that scheme, an ongoing survivor pension based on a Tier 2 IHP under regulation 114(5) of the 2015 Regulations. |
a dependant child’s pension under— (a) regulation 76 equal to the rate of the deceased member’s reckonable pay, payable for the first— (i) three months under paragraph (6)(ii); (ii) six months under paragraph (7)(ii); or (b) regulation 203 equal to the rate of the monthly average of the deceased’s uprated earnings on the member’s last day of superannuable service, payable for the first— (i) three months under paragraph (5)(ii); (ii) six months under paragraph (6)(b). | an initial pension payable from the new scheme equal to the greater of– (a) an initial pension of the same amount and for the same duration under paragraph (6) or (7) of regulation 122 of the 2015 Regulations; and (b) an initial pension of the same amount and for the same duration as the original entitlement in respect of the member under regulation 76 or 203 of the 2008 Regulations. |
| an ongoing pension under regulation 76(3) or 203(3) equal to the appropriate fraction of the basic death pension. | (a) payable from the 2008 Section in respect of service in that Section, an ongoing pension equal to the appropriate fraction of the basic death pension payable under – (i) regulation 76(3) of the 2008 Regulations; or (ii) regulation 203(3) of the 2008 Regulations where that pension is based on the pensionable service that the deceased was entitled to count at the date of death; and (b) payable from the new scheme in respect of service in that scheme, an ongoing pension based on the appropriate fraction of the basic death pension specified under regulation 122(3) and (4) of the 2015 Regulations.” |
(4) In paragraph (2)—
(a)for “the table”, in both places it occurs, substitute “Table 1 or Table 2” and
(b)after the first occurrence of “column 1” add “of either table”.
Commencement Information
I11Reg. 40 in operation at 1.4.2024, see reg. 1
41. In paragraph 1 of Schedule 1(eligibility of 1995 Section pensioners to join the new scheme)(3), at the end of the table insert—
| “9 | a 1995 Section pensioner in receipt of a tier 2 pension under regulation 13A of the 1995 Regulations— (a) who returns to HSC employment and the first anniversary of that return is on or after 1st April 2024; and (b) whose protection period for the purposes of regulation 13C of the 1995 Regulations spans 1st April 2023 or begins on or after 1st April 2024. | eligible to be an active member of the new scheme on the day after the protection period in regulation 13C(6)(b) of the 1995 Regulations ends. |
| 10 | a 1995 Section pensioner, other than a tier 2 ill-health pensioner, who does not fall within one of the Groups above. | eligible to be an active member of the new scheme, or re-join the new scheme, on the first day on or after 1st April 2024 on which the member is in an employment that would, apart from the operation of regulation 19(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.” |
Commencement Information
I12Reg. 41 in operation at 1.4.2024, see reg. 1
Regulation 31 was amended by S.I. 2016/245.
The table in paragraph 1 of Schedule 1 was amended by S.R. 2022 No 156 and S.R. 2022 No 244.