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The Health Service Workers (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780338003744

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Assembly under section 24 of the Public Service Pension Act (Northern Ireland) 2014, for approval by resolution of the Assembly

Health And Personal Social Services

Made

Coming into operation in accordance with Regulation 2

The Department of Health Social Services and Public Safety makes the following Regulations in exercise of the powers conferred by sections 1 and 3 of the Public Service Pensions Act (Northern Ireland) 2014f1.

In accordance with section 21 of that Act, the Department has consulted the representatives of such persons as appear to it likely to be affected by these Regulations.

Pursuant to section 24(1) of that Act, a draft of these Regulations has been laid before, and approved by resolution of the Assembly.

In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Department of Finance and Personnel.

Annotations to the whole text

Footnotes

f1

2014 c.2 (N.I.).

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and expiry
  3. 2Citation, commencement and expiry
  4. 3Interpretation
  5. Part 2: Modification of contracting-out provisions
  6. 4Modification of contracting-out provisions
  7. Signature
  8. Explanatory note

1Citation, commencement and expiry

These Regulations may be cited as the Health Service Workers (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016.

2Citation, commencement and expiry

Regulation 4 comes into operation on the same day as paragraph 38 of Schedule 13 to the Pensions Act (Northern Ireland) 2015f1 comes into operation. On that day regulation 9 of the Health Service Workers (Consequential Provisions) Regulations (Northern Ireland) 2015f2 ceases to have effect.

3Interpretation

In these Regulations—

  • “the 1993 Act” means the Pension Schemes (Northern Ireland) Act 1993f1;

  • “the new scheme” means the pension scheme established by regulations made under section 1(1) and (2)(e) of the Public Service Pensions Act (Northern Ireland) 2014 for the payment of pensions and other benefits to or in respect of health service workers;

  • “the old scheme” means the Health and Social Care Pension Scheme, as constituted by the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995f2 and the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008f3.

4Modification of contracting-out provisions

After regulation 9 of the Health Service Workers (Consequential Provisions) Regulations (Northern Ireland) 2015 insert—

“Protection of increases in guaranteed minimum pensions after abolition of contracting-out

9A.
(1)

Chapter 3 of Part 4 Chapter 3 of Part 4 of the 1993 Act (protection for early leavers: protection of increases in guaranteed minimum pensions (“anti-franking”)) is modified as follows.

(2)

In the application of that Chapter to P as a member of the old scheme—

(a)

in section 83(1)(a)(i) (general protection principle), the reference to the time when P ceases to be in pensionable service under a scheme that was, before the second abolition date, a salary-related contracted-out scheme is to be taken as a reference to the time when P ceases to be in pensionable service in relation to the new scheme; and

(b)

subsequent references to “the cessation date” are to be construed accordingly.”.

Signature

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on

(L.S.)

A senior officer of the Department of Health, Social Services and Public Safety

The Department of Finance and Personnel consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on

(L.S.)

A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

Chapter 3 of Part 4 of the Pension Schemes (Northern Ireland) Act 1993 concerns “anti-franking”, or the protection of increases in guaranteed minimum pensions (“GMPs”) which contracted-out schemes had to provide until 1997. For this purpose, the Regulations provide that the “cessation date”, when a person ceases to be in contracted-out employment under the old scheme (and from which point GMPs may need to be increased) is treated as the date when the person leaves the new scheme, and not the date when they transfer from their old scheme to their new scheme. Regulation 9A includes a subsequent modification of the definition of “cessation date” in section 83 of the 1993 Act; that definition was amended by the Pensions Act (Northern Ireland) 2015 as part of the abolition of contracting-out.