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

CHAPTER 4 GENERAL MODIFICATIONS

45 year service limit

Pensionable service limit

275.—(1) Subject to paragraph (3), in determining whether or not a member has reached 45 years of pensionable service for the purposes of regulation 7, the amount of pensionable service accrued under Part 3 shall be included in the aggregate calculated under paragraph (1) of that regulation.

(2) Subject to paragraph (3), in determining whether or not a member has reached 45 years of pensionable service for the purposes of regulation 139, the amount of pensionable service accrued under Part 2 shall be included in the aggregate calculated under paragraph (1) of that regulation.

(3) Where a person is concurrently in officer service and practitioner service in any year, that year shall count as a single year for the purpose of calculating 45 years pensionable service.

(4) Where the aggregate of pensionable service under Part 2 and Part 3 is in excess of 45 years—

(a) benefits under each of Part 2 and Part 3 shall be calculated by reference to such number of years as the Department determines;

(b) the aggregate of pensionable service under Part 2 and Part 3 determined in sub-paragraph (a) shall be 45 years; and

(c) the Department shall select the years by reference to which the benefits under each Part are to be calculated, selecting the years which produce the most favourable result to the member.

Claims and notices

Applications, claims and notices

276.  An application or claim made or a notice given for the purposes of a regulation listed in column 1 of the following table shall be treated as an application or claim made or notice given for the purposes of the corresponding regulation in column 2 (and vice versa).

Table

Column 1	Column 2
Regulation in Part 2	Regulation in Part 3
52	182
54	184
58	186
87	214
94	221
95	222

Abatement

Reduction of pension

277.—(1) The pension payable under Part 3 shall be reduced in accordance with Chapter 8 but with the following modifications—

(a) relevant income shall include the enhancement amount determined under regulation 118(2); and

(b) where a practitioner becomes entitled to receive a pension under Part 3 and in the 12 months preceding the date on which the member becomes so entitled also held concurrent pensionable employment as an officer, the member’s previous earnings in respect of the member’s practitioner service shall be increased by the amount of the member’s previous pay in respect of the member’s officer service.

(2) Where the reduction applied under the modified Part 3 is not the full amount of the excess determined under that modified Part, such part of the excess as has not given rise to a reduction in the old service pension in Part 3 shall be the excess for the purposes of regulation 117(3).