The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015

Decoupling of benefits derived from additional contributions N.I.

25.—(1) This regulation applies to a transition member who has accrued entitlements in the 1995 Section from the payment of additional contributions under Part VIII of the 1995 Regulations.

(2) Where this regulation applies, the member may elect that the part of a pension payable under regulation 12 of the 1995 Regulations derived solely from the payment of additional contributions under Part VIII of those Regulations should be payable from—

(a) the member’s chosen date (subject to paragraph (10), as defined in regulation 72(3)), [F1 or, if later, the date on which the member joins the new scheme,] in the case of purchase of additional service;

(b) the member’s chosen birthday (subject to paragraph (10), as defined in regulation 73A), [F2 or, if later, the date on which the member joins the new scheme,] in the case of purchase of additional pension,

notwithstanding the fact that the member continues in pensionable service under the new scheme (and for the purposes of any calculation, the member is to be taken to have retired from pensionable service on the member’s chosen date or F3 ... chosen birthday (as applicable)) [F4 or, if later, the date on which the member joins the new scheme].

(3) Paragraph (4) applies where the member has—

(a) made more than one election under regulation 70 or 72 of the 1995 Regulations;

(b) exercised the option under regulation 73A or 73C of the 1995 Regulations more than once; or

(c) made one or more elections under regulation 72 of the 1995 Regulations and exercised the option under regulation 73A of the 1995 Regulations once or more.

(4) Any election under paragraph (2)—

(a) must—

(i) where it relates to an election under regulation 70 or 72 of the 1995 Regulations be made in relation to every election under those regulations; and

(ii) where it relates to an election under regulation 73A or 73C of the 1995 Regulations be made in relation to every election under those regulations;

which has the same date as the member’s chosen date or chosen birthday (as applicable); and

(b) may be made on a second or subsequent occasion in respect of elections under regulation 70 or 72 of the 1995 Regulations and options under regulation 73A or 73C of the 1995 Regulations which have as the member’s chosen date or chosen birthday (as applicable) a date different from any date in respect of which an election has previously been made under paragraph (2).

(5) Regulations 17 and 17A of the 1995 Regulations (where relevant) apply in relation to a payment made pursuant to this regulation.

(6) An election for the purposes of paragraph (2) must be given in writing to the scheme manager, containing such information as the scheme manager [F5 requires—

(a) no later than one month before the member’s chosen date or chosen birthday (as applicable); or

(b) if—

(i) the member joins the new scheme less than six months before the member’s chosen date or chosen birthday (as applicable); or

(ii) the member joins the new scheme on or after the member’s chosen date or chosen birthday (as applicable),

no later than five months after the date on which the scheme manager provides the notification referred to in paragraph (9).]

(7) Where payment of part of a pension is made pursuant to paragraph (2) in respect of additional service resulting from an election under regulation 70 or 72 of the 1995 Regulations—

(a) regulations 19, 25 and 35 of the 1995 Regulations apply to that part of a pension as though it was the member’s pension for the purposes of those regulations;

(b) the 1995 Regulations apply to the member’s remaining entitlements under those Regulations as though no additional contributions had been made under Part VIII; and

(c) no further pension in respect of the additional contributions actually paid under Part VIII of the 1995 Regulations is payable under those Regulations.

(8) Where payment of part of a pension is made pursuant to paragraph (2) in respect of additional pension resulting from an option under regulation 73A or 73C of the 1995 Regulations—

(a) regulation 73G(4) to (8) of the 1995 Regulations applies;

(b) the 1995 Regulations apply to the member’s remaining entitlements under those Regulations as though no additional contributions had been made under Part VIII; and

(c) no further pension in respect of the additional contributions actually paid under Part VIII of the 1995 Regulations is payable under those Regulations.

(9) The scheme manager must notify the member in writing of the right to make an election under this [F6 regulation—

(a) at least six months before the member’s chosen date or chosen birthday (as applicable); or

(b) if the member joins the new scheme at a time specified in paragraph (6)(b)(i) or (ii), no later than three months after the date on which the member joins the new scheme.]

[F7 (9A) A notice for the purpose of paragraph (9) must specify—

(a) the date on which any pension payable pursuant to this regulation would come into payment were an election to be made;

(b) the amount of any pension payable under this regulation (before any option to commute part of the pension into a lump sum); and

(c) the date by which the election under this regulation must be received by the scheme manager pursuant to paragraph (6).]

(10) In paragraph (2)—

(a) the “chosen date” for an election under regulation 70 is the date of the member’s 60th birthday; and

(b) the “chosen birthday” for an election under regulation 73C is the member’s 60th birthday.

Textual Amendments

F1 Words in reg. 25(2)(a) inserted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(a)(i)

F2 Words in reg. 25(2)(b) inserted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(a)(ii)

F3 Words in reg. 25(2) omitted (1.4.2022) by virtue of The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(a)(iii)(aa)

F4 Words in reg. 25(2) inserted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(a)(iii)(bb)

F5 Words in reg. 25(6) substituted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(b)

F6 Words in reg. 25(9) substituted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(c)

F7 Reg. 25(9A) inserted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(d)

Commencement Information

I1 Reg. 25 in operation at 1.4.2015, see reg. 1(1)