# The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations (Northern Ireland) 2022, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend The Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014 (the 2014 Regulations) (S.R. 2014/290). The 2014 Regulations established a scheme for the payment of pensions and other benefits to civil servants and other eligible persons (“the alpha scheme”). This is the fifth set of Regulations to amend the provisions of the 2014 Regulations, and correct minor and technical issues that have been identified during the operation of the scheme and provide for the interaction of the alpha scheme with the Partnership Pension scheme (a defined contributions scheme that is available as an alternative to the alpha Scheme). These Regulations also make other minor typographical and grammatical corrections to The Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014 (S.R. 2014 No. 290).
The Regulations come into operation on 18th March 2022, but regulation 1 provides for provisions to take effect from 1st April 2015 or 1st February 2019. Section 3(3)(b) of the Public Service Pensions Act (Northern Ireland) 2014 (“the Act”) provides authority for the Regulations to take effect as from a date earlier than the making of these Regulations.
Regulations 3(b) and 4 provide for a new definition of “active member” to ensure that those on unpaid leave can continue to be treated as active members of the scheme rather than as deferred members.
Regulations 3(h), 4 and 6 provide for a new definition of “connected scheme”. The new definition clarifies that injury and compensation schemes are not connected to the alpha scheme.
Regulations 9, 11 and 12 relax the time limits imposed by the 2014 Regulations on switching between the alpha scheme and the Partnership Pension scheme. The definition of “Partnership Pension Account” is also updated to reflect the changing governance structure of that scheme.
Regulation 13(a) clarifies that pay equivalent to the annual rate of an ill-health pension that is received in respect of a period of sick leave is not pensionable and 13(b) clarifies that the restriction of fluctuating pensionable earnings to one third of the total permanent pensionable earnings for the same period only applies to industrial staff.
Regulations 14, 42, 43(b) and 57 amend various provisions in respect of child related leave following the introduction of shared parental leave. These amendments implement the new definitions introduced by regulation 3.
Regulation 15 provides for the calculation of the “retirement index adjustment” to be modified in respect of the scheme year starting in 2015. The retirement index adjustment is used to revalue pensions in the final year of scheme membership, and the modification provides that the revaluation in the scheme year starting in 2015 cannot be less than zero.
Regulations 16 and 17(b) correct a drafting error whereby references in two regulations were transposed.
Regulations 18(b), 38 and 39(b) clarify that where a member is receiving “assumed pay” certain calculations are made by reference to that assumed pay rather than their pensionable earnings.
Regulation 20 amends the definition of “qualifying service” to give the scheme manager discretion to deem service in another occupational pension scheme as qualifying service for the alpha scheme.
Regulation 23 corrects an error whereby an upper tier top up earned pension was available to those who had taken partial retirement from the Principal Civil Service Pension Scheme (Northern Ireland) [“PCSPS(NI)”] but not to those who had partially retired from the alpha Scheme.
Regulations 26 and 27 introduce the ability for the scheme manager to allow a member to partially reduce an actuarial reduction that would otherwise apply to their benefits by making a special payment to the scheme.
Regulations 30 and 31 remove the requirement to nominate an unmarried partner in order for them to receive a pension as a surviving adult. This amendment is made following the decision of the Supreme Court in the case of Brewster [2017] UKSC 8.
Regulation 40(a) removes an unnecessary reference to service in the PCSPS(NI) from the calculation of death benefits for members who die out of service.
Regulation 45 updates references to the Pension Schemes (Northern Ireland) Act 1993 following amendments to that Act.
Regulation 58 amends the circumstances where a member of an existing pension scheme will be given transitional protection when joining the alpha scheme by removing the requirement that the individual be an active member on the date their existing scheme is closed. Regulation 58 also provides for certain transition members to receive an enhanced rate of upper tier top up earned pension if they were on a period of sick leave at nil or reduced pay in the first twelve months of their membership of the alpha scheme before taking ill-health retirement. This amendment is required to remedy an issue whereby such members would not otherwise be entitled to the same level of enhancement owing to their reduced period of service in the alpha scheme.
An impact assessment has not been produced for this Statutory Rule as no impact on the costs of business or the voluntary sector is foreseen.

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Source: https://www.legislation.gov.uk/nisr/2022/67/note (the official version)
Page: https://openlegislation.uk/public-service-civil-servants-and-others-pensions-amendment-regulations-northern-ireland-2022/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.