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

[F1 Application of regulation 53 where a 2008 Section Optant has submitted an application for ill-health retirement under the 2008 Section within a year of joining the 2008 Section N.I.

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

(a) who submits a form AW33 (or such other form as the Department is willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation 52;

(b) that form and supporting medical evidence was received by the Department before the end of the period of one year commencing on the day the Department received the Optant’s option to join this Section of the Scheme; and

(c) following a consideration of the form and medical evidence referred to in sub-paragraph (a)—

(i) the Optant becomes entitled to a tier 1 ill-health pension under regulation 52, and

(ii) at the time the Optant is awarded a pension under that regulation the Department gives the Optant notice in writing in accordance with regulation 53(1)(b) that the Optant’s case may be considered once within a period of three years commencing with the date of that award to determine whether the Optant meets the condition in regulation 52(3)(a) at the date of such a consideration.

(2) If, after considering the further medical evidence provided by the Optant under regulation 53, the Department determines that the Optant meets the condition in 52(3)(a), then as from the date on which that determination is made the Optant—

(a) ceases to be entitled to a tier 1 ill-health pension; and

(b) becomes entitled to a tier 2 ill-health pension under regulation 52 but which shall be calculated in accordance with paragraph (3).

(3) For the purpose of calculating the tier 2 ill-health pension referred to in paragraph (2)—

(a) the Optant’s service shall be increased by the transitional enhancement period determined in accordance with whichever of paragraphs (3) or (4) of regulation 136N applies to that Optant; and

(b) the transitional enhancement period shall apply to that Optant’s service in place of the enhancement period that, apart from this regulation, would otherwise apply to that Optant’s service under regulation 52(6).

• This is subject to paragraph (4).

(4) In the case of an Optant to whom this regulation applies—

(a) regulation 136N shall be read as if paragraph (3)(b) of that regulation included the words “from the date of the Department’s determination under regulation 53” after “continued in service”; and

(b) references to the “enhancement period” in regulation 52 are to be read as references to the “transitional enhancement period” determined under this regulation.]

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