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

[F1 Transfers in: transitional provision N.I.

(1) This regulation applies to a 2008 Section Optant who—

(a) commenced a period of superannuable employment in the 1995 Section on, or after, 1st April 2008; and

(b) within one year of the commencement of that employment, makes an application to transfer accrued rights to benefits to the 1995 Section under regulation 60 of the 1995 Regulations (Member’s right to transfer accrued rights to benefits to this Section of the Scheme).

(2) If—

(a) the Department accepts the transfer payment in respect of the application referred to in paragraph (1) in accordance with regulation 60(4) of the 1995 Regulations; and

(b) that payment is received by the Department before the day on which the person’s option to join this Section of the Scheme is received,

the period of pensionable service that the Optant is entitled to count in respect of that transfer payment for the purposes of calculating benefits payable to or in respect of the Optant under this Section of the Scheme will be calculated as described in paragraph (4).

(3) If the transfer payment in respect of an application referred to in paragraph (1) is received by the Department on, or after, the day on which the person’s option to join this Section of the Scheme is received—

(a) the Department may accept that payment under this Section of the Scheme—

(i) without requiring the Optant to make an application under regulation 100, and

(ii) subject to such other conditions as the Department may require; and

(b) if the Department accepts the payment, the period of pensionable service that the Optant is entitled to count in respect of that payment for the purposes of calculating benefits payable to or in respect of the Optant under this Section of the Scheme will be calculated as described in paragraph (4).

(4) The period of pensionable service that the Optant is entitled to count for the purposes of calculating benefits payable to, or in respect of, that Optant under this Section of the Scheme—

(a) will be calculated in accordance with regulation 103; and

(b) the starting day for the purposes of regulation 103(2) and (3) will be the day that the Optant’s superannuable employment referred to in paragraph (1) commenced.

• This is subject to paragraph (5).

(5) If the transfer value payment is accepted by the Department under the public sector transfer arrangements—

(a) regulation 104 shall apply to the Optant in respect of the period of pensionable service that the Optant is entitled to count under this regulation; and

(b) the reference in regulation 104(2) to the service that the member is entitled to count under regulation 102(2)(a) shall be read as a reference to the service the Optant is entitled to count under paragraph (4).]

Textual Amendments

F1 Pt. 2 c. 10 added (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), regs. 1(2), 55