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

Increase in pensionable pay following exercise of option under regulation 49 N.I.

50.—(1) This regulation applies if, in a case where a member has exercised the option under regulation 49—

(a) during the period of 12 months beginning with the day after the option day the terms on which the member holds the employment or employments referred to in regulation 49 (1) (a) change again, and

(b) as a result the member's pensionable pay in that employment or those employments is increased [F1 (disregarding any increase in pensionable pay resulting from the member leaving a salary sacrifice arrangement)] to more than 90% of the member's pensionable pay during the period of 12 months ending with the option day, or

(c) following an increase referred to in sub-paragraph (b), the member's pensionable pay in that employment or those employments is reduced [F2 (disregarding any reduction in pensionable pay resulting from the member entering into a salary sacrifice arrangement)] to [F3 90 per cent or less] per cent of the member's pensionable pay during the period of 12 months ending with the option day.

(2) In the circumstances referred to in—

(a) [F4 paragraph (1)(b), the amount of the member's pension mentioned in sub-paragraphs (a) and (b) of regulation 49(5) shall be abated to zero from the first pension day immediately following the day on which the level of the member's pensionable pay increased,]

(b) paragraph (1)(c), subject to any adjustments in accordance with sub-paragraph (c), the member shall again be entitled to receive payment of the full amount of the pension mentioned in sub-paragraphs (a) and (b) of that regulation as from the first pension day immediately following the day on which the level of the member's engagement reduced,

(c) where sub-paragraph (b) applies, before restoring the payment of a pension the Department shall have regard to the advice of the Scheme actuary as to whether the amount of the pension should be adjusted in view of the length of time during which it was abated to zero in accordance with sub-paragraph (a).

(3) If the member was not an active member [F5 or a non-contributing member] during the whole of the period of 12 months mentioned in paragraph (1)(b), that paragraph applies as if the member's pensionable pay during that period were—

where—

PP is the member's pensionable pay for the part of that period during which the member was an active member [F5 or a non-contributing member] , and

N is the number of days in that period on which the member was an active member [F5 or a non-contributing member] .

(4) If, in the opinion of the Department, had the terms and conditions of the member's employment remained the same after the option day (apart from pensionable pay), the annual rate of pensionable pay for the employment as at the time of the change mentioned in paragraph (1)(a) would have exceeded the annual rate referred to in paragraph (1)(b)—

(a) paragraph (2)(a) does not apply, and

(b) this regulation applies as if paragraph (1)(b) referred to that annual rate instead of the actual annual rate.

(5) For the purposes of this regulation, if during the period of 12 months beginning with the day after the option day the member enters a further employment or employments in which the member is an active member [F6 or a non-contributing member] of [F7 this Section of] the Scheme—

(a) that event is treated as if the terms on which the member holds the employment in respect of which the option was exercised (“the option employment”) had changed again, and

(b) the member's pensionable pay in the further employment is treated as an increase in the member's pay in the option employment.

(6) In this regulation “the option day” has the same meaning as in paragraph (8) of regulation 49.

Textual Amendments

F1 Words in reg. 50(1)(b) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Social Care Pension Schemes (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/117), regs. 1(2), 13(2)

F2 Words in reg. 50(1)(c) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Social Care Pension Schemes (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/117), regs. 1(2), 13(3)

F3 Words in reg. 50(1)(c) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment No.2) Regulations (Northern Ireland) 2014 (S.R. 2014/225), regs. 1(2), 13

F4 Reg. 50(2)(a) omitted (temp.) (1.11.2022) by virtue of The Health and Social Care Pensions (Abatement) (No 2) Regulations (Northern Ireland) 2022 (S.R. 2022/245), regs. 1(2), 6(a)

F5 Words in reg. 50(3) 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), 24

F6 Words in reg. 50(5) 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), 24

F7 Words in reg. 50(5) 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