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

Increase in [F1 level of engagement] following exercise of option under regulation 180 N.I.

181.—(1) This regulation applies if, in a case where a member has exercised the option under regulation 180—

(a) during the period of 12 months beginning with the day after the option day the terms on which the member holds the employment or employments referred to in regulation 180(1) (a) change again, and

(b) as a result the level of the member's engagement in that employment or those employments is increased to more than 90 per cent of the member's pre-change level, or

(c) following an increase referred to in sub-paragraph (b), the member's engagement in that employment or those employments is reduced to [F2 90 per cent or less] of the member's engagement during the period of 12 months ending with the option day.

(2) In the circumstances referred to in—

(a) [F3 paragraph (1)(b), the amount of the member's pension mentioned in sub-paragraphs (a) and (b) of regulation 180(4) shall be abated to zero from the first pension day immediately following the day on which the level of the member's engagement increased,]

(b) paragraph (1)(c), subject to any adjustments in accordance with paragraph (3), the member shall again be entitled to receive payment of the full amount of the pension mentioned in sub-paragraphs (a) and (b) of that regulation as from the first pension day immediately following the day on which the level of the member's engagement reduced.

(3) Where paragraph (2)(b) applies, before restoring the payment of a pension the Department shall have regard to the advice of the Scheme actuary as to whether the amount of the pension should be adjusted in view of the length of time during which it was abated to zero in accordance with paragraph (2)(a).

(4) For the purposes of this regulation, if during the period of 12 months beginning with the day after the option day the member enters further employment or employments in which the member is an active member [F4 or a non-contributing member] of [F5 this Section of] the Scheme—

(a) that event is treated as if the terms on which the member holds the employment or employments in respect of which the option was exercised (“the option employment”) had changed again, and

(b) the member's level of engagement in the further employment or employments is treated as an increase in the level of the member's engagement in the option employment or employments.

(5) In this regulation “the option day” has the same meaning as in regulation 180(7) (b) (ii).

(6) Where—

(a) a member's pension is abated in accordance with paragraph (2)(a) in the circumstances described in paragraph (1)(b), and

(b) the member's level of engagement does not reduce in the manner described in paragraph (1)(c),

the pension will (in any event) be payable by the Department when the member retires, or partially retires again, from pensionable employment or attains the age of 75 and in doing so the Department shall—

(i) have regard to any pensions already paid, including any lump sum paid as a result of the member exercising an option under regulation 185,

(ii) take the advice of the Scheme actuary.

Textual Amendments

F1 Words in reg. 181 heading substituted (with effect in accordance with reg. 1(3) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 63 (with reg. 89)

F2 Words in reg. 181(1)(c) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment No.2) Regulations (Northern Ireland) 2014 (S.R. 2014/225), regs. 1(2), 19

F3 Reg. 181(2)(a) omitted (temp.) (1.11.2022) by virtue of The Health and Social Care Pensions (Abatement) (No 2) Regulations (Northern Ireland) 2022 (S.R. 2022/245), regs. 1(2), 6(b)

F4 Words in reg. 181(4) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/188), regs. 1(2), 56

F5 Words in reg. 181(4) inserted (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), reg. 1(2), Sch. 2 Pt. 1