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

Application of Chapter 8 N.I.

115.—(1) This Chapter applies if—

(a) a person who is a pensioner member of [F1 this Section of] the Scheme is employed in HSC employment,

(b) the person's employment is not employment to which the person was transferred as a result of a transfer of an undertaking to the person's employer,

(c) the person's pension is a pension under—

(i) regulation 52 (early retirement on ill-health: active members),

(ii) regulation 54 (early retirement on ill-health: deferred members), or

(iii) regulation 55(1)(d)(ii) (early retirement on termination of employment by employing authority) in a case where the Department certified that the member's employment was terminated in the interests of the efficiency of the service in which the member was employed, and

(d) the person has not reached the age of 65.

(2) In this Chapter “HSC employment” includes—

(a) employment to which regulations made under sections 10 (1) and (2) and 12 (1) and (2) of, and Schedule 3 to, the Superannuation Act 1972 apply,

(b) employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 M1 ,

(c) employment to which regulations made under section 10 of the Superannuation Act 1972 M2 and having effect in Scotland apply,

(d) employment [F2 commencing on or before 31st March 2012] to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald) applies,

(e) employment with an employer with whom an agreement has been made under section 235 of the National Health Service Act 2006.

(3) In this Chapter, subject to paragraph (4)—

(a) a person to whom this Chapter applies is referred to as an “employed pensioner”,

(b) the pension to which the employed pensioner is entitled is referred to as the “old service pension”,

(c) the employment in respect of which the pension is payable is referred to as “the old employment”, and

(d) the employment in which the employed pensioner is employed is referred to as the “new employment”.

(4) This Chapter applies whether or not the person is an active member of [F3 this Section of] the Scheme in the new employment.

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 115(1)(a) inserted (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), reg. 1(2), Sch. 2 Pt. 1

F2 Words in reg. 115(2)(d) inserted (1.4.2012) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/78), regs. 1(2), 15

F3 Words in reg. 115(4) inserted (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), reg. 1(2), Sch. 2 Pt. 1

F4 Reg. 115(5) omitted (retrospective and with effect in accordance with reg. 1(4)(d) of the amending Rule) by virtue of The Health and Personal Social Services (Superannuation Scheme and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/259), regs. 1(2), 28

Modifications etc. (not altering text)

C1 Reg. 115 modified (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), regs. 1, 36(1)(b)(ii)

Marginal Citations

M1 1967 c. 28

M2 1972 c. 11