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

Eligibility: general N.I.

21.—(1) A person is eligible to be an active member of the Scheme if conditions A to C are met and the person is not prevented by regulation 22, 23 or 26.

(2) Condition A is that the person is in HSC employment.

(3) Condition B is that the person—

(a) enters HSC employment on or after 1st April 2008, or

(b) entered HSC employment before that date and on that date was not an active member of the HPSS Superannuation Scheme 1995 in that employment or any other HSC employment,

and meets any one of the “other scheme conditions” specified in paragraph (5).

(4) Condition C is that the person has not reached the age of 75.

(5) The “other scheme conditions” are that—

(a) the person has not previously been an active member of the HPSS Superannuation Scheme 1995,

(b) the person ceased to be an active member of that HPSS Superannuation Scheme 1995 at least 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of that Scheme,

(c) the person ceased to be an active member of that HPSS Superannuation Scheme 1995 less than 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of that Scheme and has received a repayment of contributions in respect of that membership, or

(d) the person ceased to be an active member of that HPSS Superannuation Scheme 1995 on or after 1st April 2008 on leaving HSC employment and before the person re-entered such employment—

(i) a transfer payment was made in respect of the person under Part (VI) of that Scheme, or

(ii) the person made an application under regulation 54 of that Scheme (exercising a right to transfer or buy-out) from which the person may not withdraw,

[F1 (e) the person—

(i) ceased to be an active member of the HPSS Superannuation Scheme 1995 on leaving HSC employment,

(ii) became a deferred member of that Scheme on leaving that employment and has not become a pensioner member of that Scheme between the date of leaving that employment and joining the Scheme, and

(iii) re-entered HSC employment on or after 1st October 2008 and 5 or more years since last leaving HSC employment; or

(f) the person—

(i) ceased to be an active member of the HPSS Superannuation Scheme 1995 before 1st April 2008 on leaving HSC employment,

(ii) became a deferred member of that Scheme on leaving that employment,

(iii) re-entered HSC employment on or after 1st October 2008 and 5 or more years since last leaving HSC employment, and

(iv) before the person re-entered such employment—

(aa) a transfer payment was made in respect of the person under Part VI of that Scheme, or

(bb) the person made an application under regulation 54 of that Scheme (Exercising a right to transfer or buy-out) from which the person may not withdraw.]

but [F2 sub-paragraphs (d) to (f)] will not apply if the Department has permitted such a person to rejoin the HPSS Superannuation Scheme 1995 in the circumstances described in regulation 7(3) M1 of the HPSS Superannuation Scheme 1995.

(6) This regulation shall apply to any person who has previously been an active member of a corresponding health service scheme as though in paragraphs (3) and (5) any reference to—

(a) “HPSS Superannuation Scheme 1995” includes a reference to that corresponding health service scheme, and

(b) “HSC employment” includes a reference to—

(i) 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 M2 apply,

(ii) employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 M3 ,

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

(iv) employment to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald) M4 applies, and

(v) employment with an employer with whom an agreement has been made under section 235 of the National Health Service Act 2006 M5 .

Textual Amendments

F1 Reg. 21(5)(e)(f) added (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), 29(2) (with reg. 89)

F2 Words in reg. 21(5) 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), 29(3) (with reg. 89)

Marginal Citations

M1 Regulation 7 was substituted by regulation 5 of S.R. 2008 No. 163

M2 1972 c. 11

M3 1967 c. 28

M4 1984 c. 8 (Tynwald)

M5 2006 c. 41