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

Early retirement on termination of employment by employing authority N.I.

55.—(1) A member, other than a non-GP provider who has reached the age of 55, but not 65, is entitled to a pension payable for life if—

(a) the employment in which the member is an active member [F1 or a non-contributing member] is terminated by the member's employing authority and the member has ceased to be employed in HSC employment,

(b) the member has 2 years of qualifying service,

[F2 (c) the member’s employing authority certifies that the member—

(i) has at least 2 years’ continuous employment determined in accordance with any terms and conditions applying to the employment,

(ii) is entitled to claim a pension under this regulation if the member’s employment is terminated by reason of redundancy as an alternative to receiving (in whole or in part) the lump sum payment otherwise payable to the member in accordance with those terms and conditions, and

(iii) has not unreasonably refused to seek suitable alternative employment or accept an offer of such employment.]

(d) the Department certifies that the member's employment is terminated—

(i) by reason of redundancy, or

(ii) in the interests of the efficiency of the service in which the member is employed, and

(e) the member has claimed payment of the pension.

(2) A certificate under paragraph (1)(d)(ii) may only be given with the agreement of the employing authority.

(3) A pension to which a member is entitled under this regulation becomes payable immediately the member becomes entitled to it [F3 : this is subject to paragraph (3A)] .

[F4 (3A) A member who satisfies the conditions of this regulation is not entitled to a pension under this regulation if the Department, after consultation with the scheme actuary, decides that the amount of the pension would be less than the amount of the guaranteed minimum pension to which the member is entitled.]

(4) Subject to paragraph (6), the amount of the annual pension payable under this regulation (disregarding any additional pension) is given by the formula—

where—

RP is the member's reckonable pay, and

LPS is the length of the member's pensionable service, expressed in days.

(5) A claim under paragraph (1)(e)—

(a) must be made in writing to the Department within 6 months of the employment terminating, and

(b) must contain such information as the Department may from time to time require.

(6) If the member—

(a) has received a related payment in respect of the cessation of the employment,

(b) the terms and conditions relating to the employment require that payment to be reduced to take account of the additional contributions the employing authority must make to the Department in accordance with regulation 32, and

(c) that payment has not been so reduced,

the amount of that payment (or, if there is more than one such payment, the aggregate amount of those payments) is deducted from the amount of the pension.

(7) In paragraph (6) “related payment” means—

(a) a redundancy payment under the Employment Rights (Northern Ireland) Order 1996 M1 , or

(b) a corresponding payment under the arrangements of the Whitley Councils for the Health Services.

[F5 (8) This regulation does not apply to—

(a) practice staff;

(b) a member who is providing piloted services;

(c) a member to whom regulation 155A(1)(a) or (b) applies; or

(d) a member who is a dental pilot scheme employee and who is employed by a provider of piloted services other than a HSC Trust.]

[F6 (9) In the case of a 2008 Section Optant, this regulation is subject to regulation 136L.]

Textual Amendments

F1 Words in reg. 55(1)(a) 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), 28

F2 Reg. 55(1)(c) substituted (retrospective and with effect in accordance with reg. 1(2) of the amending Rule) by 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), 25

F3 Words in reg. 55(3) inserted (1.4.2015) by The Health and Personal Social Services (Superannuation Scheme, Additional Voluntary Contributions and Injury Benefits), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/121), regs. 1(2), 26(2)

F4 Reg. 55(3A) inserted (1.4.2015) by The Health and Personal Social Services (Superannuation Scheme, Additional Voluntary Contributions and Injury Benefits), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/121), regs. 1(2), 26(3)

F5 Reg. 55(8) substituted (29.3.2013) by The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/40), regs. 1(2), 13

F6 Reg. 55(9) added (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), regs. 1(2), 35

Modifications etc. (not altering text)

C1 Reg. 55 applied (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, 34(a)

C2 Reg. 55 applied (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, 32(2)(b)

Marginal Citations

M1 S.I. 1996/1919 (N.I. 16)