The Health and Social Care Pension Schemes (Partial Retirement etc.) Regulations (Northern Ireland) 2024 No. 50

PART 5 N.I. The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015

Amendment of regulation 31 N.I.

37.—(1) Regulation 31 (partial retirement)(1) is amended as follows.

(2) For paragraph (1) substitute⸺

“(1) Where a transition member or non-pensionable old scheme member elects to claim a specified percentage of that member’s pension pursuant to regulation 83 of the 2015 Regulations, that election is to be treated as also being an option for the purposes of partial retirement pension pursuant to whichever of the following regulations applies to the member⸺

(a) regulation 16A of the 1995 Regulations (with or without the modifications made in paragraph 12A of Schedule 2); or

(b) regulations 49 or 180 of the 2008 Regulations.”.

(3) For paragraph (2) substitute⸺

“(2) A transition member or non-pensionable old scheme member does not become entitled to a specified percentage of a pension under regulation 83 of the 2015 Regulations until the member has become entitled to and claimed all the benefits in⸺

(a) the 1995 Section; or

(b) the 2008 Section.”.

(4) For paragraph (3) substitute—

“(3) For the purposes of regulation 16A(7) and paragraph 12A of Schedule 2 to the 1995 Regulations, or regulation 49(6) and 180(5) of the 2008 Regulations, and regulation 83(5) of the 2015 Regulations (as the case may be)—

(a) the pension, other than the pension claimed in respect of additional benefits (in the case of regulation 16A of the 1995 Regulations) or additional pension (in the case of regulation 49 and 180 of the 2008 Regulations), to which the member becomes entitled as a result of the option or election (before converting pension to lump sum) is not to be less than the amount of pension payable by reference to 20% of the aggregate of the member’s pensionable service under the 1995 Regulations, or the 2008 Regulations (as the case may be), and the 2015 Regulations at the end of the option day; and

(b) taken together with any increase to which the member has become entitled as a result of the option or election, the aggregate of the member’s pension under the 1995 Regulations, or the 2008 Regulations (as the case may be), and the 2015 Regulations is not less than 0.05% of the member’s lifetime allowance on the option day.”.

Commencement Information

I1 Reg. 37 in operation at 1.4.2024, see reg. 1

(1)

Regulation 31 was amended by S.I. 2016/245.