The draft Health and Social Care Pension Schemes, Additional Voluntary Contributions and Injury Benefit (Amendment) Regulations (Northern Ireland) 2022

Consultation opened on 03 February 2022. Closing date 31 March 2022.

Summary

The draft regulations will:-
• equalise the entitlement to survivor benefits for male survivors of female scheme members who would otherwise receive a lower pension under existing rules
• extend the automatic cover for pre-1988 service to same-sex civil partners and same-sex spouses
• withdraw the requirement for an unmarried co-habiting partner to have been nominated by the member, as a condition of eligibility for receiving a survivor pension upon the death of that member
• reform the final pay control provisions of the 1995 Regulations in line with the NHS Scheme in England & Wales
• extend suspension of abatement of pension provisions from 23 March 2022 to 31 October 2022

Documents

Consultation description

Following the court rulings in the case of Walker v Innospec Ltd [2017 UKSC47], Goodwin v the Secretary of State for Education [1308506/2016] and Brewster Re: application for Judicial Review (Northern Ireland) [2017] UKSC8, the draft rule will equalise the entitlement to survivor benefits for male survivors of female scheme members, extend the automatic cover for pre-1988 service to same-sex civil partners and same-sex spouses, withdraw the co-habiting nomination requirement for survivor benefits. In addition the draft rule provides for the reform of the final pay control provisions in the 1995 Regulations and extends the suspension of abatement provisions until 31 October 2022.

The Department welcomes any comments or views on the proposals set out in this document and the draft regulations.

Comments on the proposals and draft regulations can be submitted using the consultation response form attached to the consultation explanatory document via e-mail to: modernisation@health-ni.gov.uk

 

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