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

Effect of part payment of periodical contributions N.I.

42.—(1) This regulation applies if—

(a) the full number and amount of contributions due under an option under regulation 34 for the whole contribution option period are not made, and

(b) regulation 41(1) to (4) does not apply.

(2) The increase in the member's pension under Chapter 4 (members' retirement benefits) is the appropriate proportion of the increase that would have been made under regulation 40(2) if the full number and amount of contributions had been made (but taking account of regulation 41(5) if that applies).

(3) In the case of an option under regulation 34(1)(b), the increase in any benefit payable under Chapter 5 (death benefits) in respect of the member is the appropriate proportion of the increase that would have been made under regulation 40(4) if the full number and amount of contributions had been made (but taking account of regulation 41(5) if that applies).

(4) For the purposes of paragraphs (2) and (3), the appropriate proportion is calculated in accordance with such method as the Scheme actuary may determine and specify in guidance given to the Department.

(5) In making a determination under paragraph (4), the Scheme actuary must have regard to—

(a) the proportion that the total contributions paid bears to the full amount of contributions due under an option under regulation 34 for the whole contribution option period, and

(b) the preservation requirements.

[F1 (6) In the case of a 2008 Section Optant, this regulation is subject to regulation 136D.]

Textual Amendments

F1 Reg. 42(6) 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), 27