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

Application of Chapter 8

115.—(1) This Chapter applies if—

(a) a person who is a pensioner member of the Scheme is employed in HSC employment,

(b) the person’s employment is not employment to which the person was transferred as a result of a transfer of an undertaking to the person’s employer,

(c) the person’s pension is a pension under—

(i) regulation 52 (early retirement on ill-health: active members),

(ii) regulation 54 (early retirement on ill-health: deferred members), or

(iii) regulation 55(1)(d)(ii) (early retirement on termination of employment by employing authority) in a case where the Department certified that the member’s employment was terminated in the interests of the efficiency of the service in which the member was employed, and

(d) the person has not reached the age of 65.

(2) In this Chapter “HSC employment” includes—

(a) employment to which regulations made under sections 10 (1) and (2) and 12 (1) and (2) of, and Schedule 3 to, the Superannuation Act 1972 apply,

(b) employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(1),

(c) employment to which regulations made under section 10 of the Superannuation Act 1972(2) and having effect in Scotland apply,

(d) employment to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald) applies,

(e) employment with an employer with whom an agreement has been made under section 235 of the National Health Service Act 2006.

(3) In this Chapter, subject to paragraph (4)—

(a) a person to whom this Chapter applies is referred to as an “employed pensioner”,

(b) the pension to which the employed pensioner is entitled is referred to as the “old service pension”,

(c) the employment in respect of which the pension is payable is referred to as “the old employment”, and

(d) the employment in which the employed pensioner is employed is referred to as the “new employment”.

(4) This Chapter applies whether or not the person is an active member of the Scheme in the new employment.

(5) For the purposes of this Chapter, so much of any pension as is additional pension is ignored.

(1)

1967 c. 28

(2)

1972 c. 11