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The Department of Health, Social Services and Public Safety[1] in exercise of the powers conferred on it by Articles 12(1), (2), (2A) and (3) and 14(1), (2), (3) and (3A) of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972[2], and Article 39 of the Welfare Reform and Pensions (Northern Ireland) Order 1999[3] and of all other powers enabling it in that behalf, after consulting with such representatives of persons likely to be affected by these Regulations as appear to it to be appropriate as required by Article 12(4) of that Order, and with the consent of the Department of Finance and Personnel, hereby makes the following Regulations: Citation, commencement and retrospective effect 1. - (1) These Regulations may be cited as the Health and Personal Social Services (Superannuation Scheme and Additional Voluntary Contributions) (Pension Sharing) (Amendment) Regulations (Northern Ireland) 2004. (2) These Regulations shall come into operation on 11th May 2004 and shall have effect from 1st May 2001. Interpretation 2. In these Regulations -
Amendment of the Superannuation Scheme Regulations
Amendment of Regulation 2 1. In regulation 2 (Interpretation) of the Superannuation Scheme Regulations there shall be inserted in the appropriate places in alphabetical order the following definitions -
Insertion of new Regulation 83B
83B. - (1) Schedule 2A shall have effect in relation to -
(b) pension credit benefit payable,
under the scheme.
Insertion of new Schedule Discharge of liability in respect of a pension credit following the death of the person entitled to the pension credit 1. - (1) The Department shall, following the death of the person entitled to a pension credit before liability in respect of that credit has been discharged, discharge its liability in respect of that credit by way of the payment of a lump sum in accordance with regulation 6(2)(a)(i) of the Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 2000[13] (discharge of liability in respect of a pension credit following the death of the person entitled to the pension credit). (2) The amount of a lump sum payable under this paragraph shall be -
(b) equal to 3 times the annual rate of the pension credit benefit to which the person entitled to the pension credit would have been entitled had he reached normal benefit age on or before the date of death.
Safeguarded rights
(b) where the member, from whose rights the pension credit member's pension credit rights are derived, has not received a lump sum on or before the day on which the pension sharing order or provision takes effect, a lump sum.
(2) Subject to paragraph 4, a pension credit member shall be entitled to the payment of the pension credit benefit when he reaches normal benefit age.
(b) where paragraph 3(1)(b) applies, a lump sum equal to 3 times the annual rate of the pension referred to in sub-paragraph (2)(a).
Commutation of the whole of pension credit benefit at normal benefit age
(b) the aggregate of the total benefits payable to the pension credit member, including any pension credit benefit, does not exceed £260 per annum at normal benefit age,
the Department may discharge its liability in respect of the payment of pension credit benefit by the payment of a lump sum to the pension credit member at normal benefit age.
(b) where paragraph 3(1)(b) applies, a lump sum equal to 3 times the annual rate of the pension.
Pension credit member dies before pension credit benefit becomes payable
(b) the reference in paragraph (2) of that regulation to "member's personal representative" shall be a reference to "personal representative of the person entitled to a pension credit or, as the case may be, the pension credit member"; (c) the reference in paragraphs (3), (3A) and (3B) of that regulation to "member" shall be references to "person entitled to a pension credit or, as the case may be, the pension credit member"; (d) in paragraph (3B) for sub-paragraph (a) substitute the following sub-paragraph -
Transfers
(b) the reference to "(other than guaranteed minimum pensions and benefits arising out of a transfer payment)" shall be a reference to "(other than safeguarded rights which are derived from rights to a guaranteed minimum pension)".
Loss of rights to benefits
(b) the reference in paragraph (2) to "A guaranteed minimum pension" shall be a reference to "Safeguarded rights which are derived from rights to a guaranteed minimum pension".
Administrative matters
Application of the AVC Regulations to a person entitled to a pension credit or a pension credit member 1. Except as provided for in this Schedule the AVC Regulations shall not apply to a pension credit or to a pension credit member. Amendment of Regulation 2 2. In regulation 2 (Interpretation) of the AVC Regulations there shall be inserted in the appropriate places in alphabetical order the following definitions -
Amendment of regulation 13
(b) in paragraph (3) -
(ii) for "regulation 22(1) of the 1995 Regulations" there shall be substituted "regulation 22(3) of the 1995 Regulations (Payment of lump sum)" or, as the case may be, paragraph 11 of Schedule 2".
(c) in paragraphs (5) and (6) for "the Schedule" in each place where those words appear there shall be substituted "Schedule 1".
Insertion of new regulation 17A
17A. Schedule 2 shall have effect in relation to -
(b) pension credit benefit payable,
under the AVC Scheme.".
Insertion of new Schedule Discharge of liability in respect of a pension credit 1. - (1) Where the Department discharges its liability in respect of a pension credit in accordance with sub-paragraph (2) of paragraph 1 of Schedule 5 to the 1999 Order (Pension Credits: Mode of Discharge: Funded pension schemes) the appropriate rights shall be invested under paragraph 2 to provide for the purchase from an insurance company of an annuity which complies with the requirements of sub-paragraph (5). (2) Where sub-paragraph (1) applies, the person entitled to the pension credit may elect, by giving written notice to the Department, the authorised fund or funds in which the appropriate rights are to be invested. (3) The Department shall notify in writing the person who has made an election under sub-paragraph (2) of the Department's acceptance of that election. (4) Where an election has been made under sub-paragraph (2) it shall not be varied or cancelled after liability in respect of the pension credit has been discharged by the Department. (5) An annuity complies with the requirements of this sub-paragraph if -
(b) any dependant's pension which is payable under it is payable only on the death of the pension credit member after he has reached normal benefit age and is payable to the dependant for life, except in the case of a dependant who is a child to whom regulations 32 to 38 (Child Allowance) of the 1995 Regulations would apply if the pension credit member were a member of the HPSS Superannuation Scheme, it shall cease to be payable when that person ceases to be a dependant child within the meaning of those Regulations; and (c) it is not capable in whole or in part of surrender, assignment or commutation.
Investment of appropriate rights
(b) for whom, if anyone, a dependant's pension is to be provided; (c) if more than one such pension is to be provided, either -
(ii) the dependants' pensions to be provided expressed as a percentage of the pension for life;
(d) in respect of each pension to be provided, whether the annual rate of the pension -
(ii) is to vary in accordance with the Index; or (iii) is to increase yearly by a specified percentage or, if lower than that percentage, by the increase in the Index for the year in question; and
(e) the authorised provider who is to provide each pension.
(6) For the purposes of this Schedule the authorised provider must meet the requirements referred to in regulations 12 to 14 of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000.
(b) failed to give a notice of election under sub-paragraph (5) on or before the date of his 75th birthday,
the Department may realise the investments made under paragraph 2 and apply the proceeds to the purchase of a pension policy which satisfies the requirements of regulations 12 to 14 of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000 from an insurance company in order to provide such benefits as appear to it to be suitable.
(b) the aggregate of the total benefits payable to the pension credit member, including any pension credit benefit, does not exceed £260 per annum at normal benefit age.
(3) In the case of a pension credit member to whom this paragraph applies, the Department may realise the benefits made under paragraph 2 without purchasing an annuity and the proceeds shall be payable to the pension credit member as a lump sum.
(b) sub paragraph (3) applies.
(3) Where the person entitled to a pension credit, or as the case may be, the pension credit member has given notice to the Department in accordance with sub-paragraphs (4) and (5) that the lump sum is to be paid to a person specified in the notice, and has not revoked that notice, the lump sum may be paid to that person unless -
(b) payment to that person is not, in the opinion of the Department, reasonably practicable.
(4) Notice to the Department for the purpose of sub-paragraph (2) or (3) -
(b) shall be given in writing; and (c) may at any time be revoked in writing,
and a person entitled to a pension credit, or as the case may be, a pension credit member who revokes such a notice may give further notice for the purpose of one of those sub-paragraphs.
(b) there has been a loss to public funds,
the Department may, in relation to pension credit benefit which arises by virtue of pension credit rights which are derived from any employer's contributions paid on or after the date on which these Regulations came into operation in respect of the relevant participator, reduce the amount of any pension credit benefit payable to or in respect of a pension credit member under this Schedule, to the extent set out, and subject to the conditions specified, in that regulation.
(b) the circumstances are such that a direction may be made by the Department under regulation 93 of those Regulations,
the Department may direct that all or part of any rights to pension credit benefit under this Schedule which arise by virtue of pension credit rights which are derived from any employer's contributions paid on or after the date on which these Regulations came into operation in respect of the relevant participator, are to be forfeited.
(This note is not part of the Regulations.) These Regulations further amend the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 ("the Superannuation Scheme Regulations") which provide for the superannuation of persons engaged in the Health and Personal Social Services, and amend the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland 1999 ("the AVC Regulations") which make provision for the payment of additional voluntary contributions by persons who are members of the HPSS Superannuation Scheme, or by their employers, in order to secure additional pension benefits. The Regulations shall have retrospective effect from 1st May 2001, as authorised by Article 14(1) of the Superannuation (Northern Ireland) Order 1972. The amendments make provision in relation to rights resulting in the payment of pension credit benefit to or in respect of those entitled to pension credits as a result of the sharing of pensions following divorce or nullity of marriage. Regulations 1 and 2 provide for citation, commencement, retrospective effect and interpretation. Regulation 3 and Schedule 1 amend the Superannuation Scheme Regulations. Paragraph 1 of Schedule 1 inserts new definitions into regulation 2 of the Superannuation Scheme Regulations. Paragraph 2 of Schedule 1 inserts a new regulation 83B into the Superannuation Scheme Regulations which gives effect to a new Schedule 2A (inserted by paragraph 3 of Schedule 1). The new Schedule 2A makes provision for the discharge of liability if the person entitled to the pension credit dies before liability has been discharged, the identification of safeguarded rights, the commutation of pension credit benefit before or at normal benefit age (age 60), the payment of pension credit benefit at normal benefit age, after the death of the pension credit member before the pension credit benefit becomes payable and after it becomes payable. Paragraph 10 of Schedule 2A provides that transfers in or out of the HPSS Superannuation Scheme in respect of pension credit rights or pension credit benefit shall not be allowed. Schedule 2A also provides that any period of time which may be taken into account in relation to the pension credit benefit shall not count for any other purpose under the Superannuation Scheme Regulations. Regulations 22 (Payment of lump sum), 92 (Offset for crime, negligence and fraud), and 93 (Loss of rights to benefits) are modified in their application to pension credit members. Regulation 4 and Schedule 2 amend the AVC Regulations. Regulations 2, 13 and 15 of the AVC Regulations are amended (paragraphs 2 to 4 of Schedule 2). A new regulation 17A is inserted into the AVC Regulations which gives effect to a new Schedule 2 (paragraphs 5 and 6 of Schedule 2 to these Regulations). The new Schedule 2 to the AVC Regulations makes provision for the discharge of liability in respect of a pension credit by the Department, the discharge of liability if the person entitled to the pension credit dies before liability has been discharged, the commutation of pension credit benefit before or at normal benefit age (age 60), the payment of pension credit benefit at normal benefit age, and after the death of the pension credit member before the pension credit benefit becomes payable and after it becomes payable. Provision is also made for the investment of pension credit rights in a way which is similar to the investment of additional voluntary contributions under regulation 7 of the AVC Regulations. The transfer of pension credit rights out of the AVC Scheme is also provided for. Paragraph 11 of the new Schedule 2 enables a person entitled to a pension credit or a pension credit member to nominate someone other than a surviving spouse to receive the lump sum payable upon his death. Paragraphs 13 and 14 of the new Schedule 2 to the AVC Regulations contain provisions regarding the reduction and forfeiture of rights to pension credit benefit to the extent that those rights are originally derived from contributions made by the employer of the pension credit member's former spouse and against whom the pension sharing order or provision was made. The provisions are similar to regulations 19 and 20 of the AVC Regulations. Notes: [1] See S.I. 1999/283 (N.I. 1): Article 3(6)back [2] S.I. 1972/1073 (N.I. 10), paragraph (2A) of Article 12 and paragraph (3A) of Article 14 are inserted by Articles 10(5) and 12(3) respectively of S.I. 1990/1509 (N.I. 13)back [3] S.I. 1999/3147 (N.I. 11)back [4] S.R. 1999 No. 294 as amended by S.R. 2002 No. 129back [5] S.R. 1995 No. 95 as amended by S.R. 1997 Nos. 217 and 390; S.R. 1998 No. 299; S.R. 1999 No. 293 and S.R. 2002 No. 69back [7] S.I. 1999/3147 (N.I. 11)back [9] Section 97B is inserted by Article 34 of the 1999 Orderback [10] S.I. 1995/3213 (N.I. 22) - Article 121(1) is amended by paragraph 50 of Schedule 9 to the 1999 Orderback [11] Section 64A was inserted by Article 33 of the 1999 Orderback [12] Regulation 83A was inserted by S.R. 1998 No. 299back [13] S.R. 2000 No. 145. Regulation 6 was substituted by regulation 11(3) of S.R. 2000 No. 335back [14] Regulation 22 was amended by regulation 5 of S.R. 2002 No. 69back [16] Regulation 22 was amended by regulation 5 of S.R. 2002 No. 69back [17] Section 97P was inserted by Article 34 of the 1999 Orderback [18] The definition of "pension credit member" inserted by paragraph 50(3) of Schedule 9 to the 1999 Orderback [19] Section 97F is inserted by Article 34 of the Welfare Reform and Pensions (Northern Ireland) Order 1999back [20] Part IVA is inserted by Article 34 of the Welfare Reform and Pensions (Northern Ireland) Order 1999back [21] S.R. 2000 No. 146: Regulation 24 is amended by S.R. 2000 No. 335back
ISBN 0 33795456 9
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