The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

General rule: separate treatment of service etc except where unfavourable to member

General rule: separate treatment of service etc

110.—(1) The general rule is that, in accordance with regulations 65 and 91—

(a) the re-employed member’s pensionable service in respect of the earlier service and the later service are treated separately, and

(b) the re-employed member’s reckonable pay in respect of the earlier service and the later service is determined separately.

(2) This regulation is subject to the provisions mentioned in regulations 65(4) and 91(5).

Exception to general rule in regulation 110

111.—(1) The general rule in regulation 110 does not apply if—

(a) at the time that the member first becomes entitled to a pension under the Scheme in respect of the earlier service or the later service, or

(b) if it is earlier, at the time of the member’s death,

in the opinion of the Department the benefits payable to or in respect of the member would be more valuable if that general rule were disregarded.

(2) Accordingly, in a case within paragraph (1)—

(a) the member’s pensionable service in respect of the earlier service and the later service are treated as one single continuous period,

(b) the member’s qualifying service in respect of the earlier service and the later service are each treated as one single continuous period,

(c) the member is not treated as a deferred member in respect of the earlier service, and

(d) the member’s reckonable pay in respect of the later period may be determined by reference to the earlier period as well as the later period (as a result of regulation 15(8)).

(3) This regulation is subject to regulation 114.