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

Early payment of pensions with actuarial reduction N.I.

48.—(1) A member who has not reached the age of 65 is entitled to immediate payment of a reduced pension payable for life if the member—

(a) has reached the age of 55,

(b) meets the condition in regulation 45(2)(a) or (b),

(c) has ceased to be employed in HSC employment, and

(d) has claimed payment of the pension.

(2) The amount of the annual pension under this regulation—

(a) is first calculated as mentioned in regulation 45(4) (and, if additional pension is payable, in accordance with regulation 40(2) or 42(2)), and

(b) then that amount is reduced by such amount as the Department determines, after consulting the Scheme actuary, to be appropriate by reason of the payment of the pension before the member reaches 65.

(3) A claim under paragraph (1) must be made by notice in writing in such form as the Department requires and takes effect—

(a) in the case of a deferred member, from the date specified in the claim as the date on which the pension is to become payable,

(b) in the case of an active member [F1 or a non-contributing member] , from the day immediately following the day on which the member ceased to be employed in HSC employment.

(4) A member shall not be entitled to a pension under this regulation if the Department determines, having taken advice from the Scheme actuary, that the pension, as reduced under paragraph (1), would be insufficient to meet its liability to provide a guaranteed minimum pension.

[F2 (5) In the case of a 2008 Section Optant, this regulation is subject to regulation 136L.]

Textual Amendments

F1 Words in reg. 48(3)(b) 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), 22

F2 Reg. 48(5) 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), 30