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

Re-employed tier 1 ill-health pensioners N.I.

113.—(1) This regulation applies to re-employed members who are entitled to a tier 1 ill-health pension under regulation 52 in respect of the earlier service.

(2) For the purposes of determining whether a member can count 45 years of pensionable service for any purpose, the earlier service and the later service are aggregated.

(3) If the re-employed member became entitled to a tier 1 ill-health pension for the earlier service, and on the termination of the later service the member becomes entitled to—

(a) a tier 1 ill-health pension, or

(b) a tier 2 ill-health pension,

under regulation 52 in respect of the later service, the re-employed member is entitled to the benefits set out in paragraph (4).

(4) The benefits mentioned in paragraph (3) are—

(a) the member's original tier 1 ill-health pension in respect of his earlier service, and

(b) a tier 1 or, as the case may be, tier 2 ill-health pension in respect of the later service.

[F1 This is subject to paragraph (5).]

[F2 (5) If the re-employed member—

(a) ceases to be entitled to a tier 1 ill-health pension in respect of the earlier service;

(b) becomes entitled to a tier 2 ill-health pension in respect of that earlier service in accordance with regulation 53(3); and

(c) on the termination of the later service, the member becomes entitled to a tier 1 or, as the case may be, tier 2 ill-health pension in respect of that later service,

the re-employed member is entitled to the benefits set out in paragraph (6).]

Textual Amendments

F1 Words in reg. 113(4) 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), 46(2)

F2 Reg. 113(5) added (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), 46(3)