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

Exceptions to requirement that HSC employment must have ceased N.I.

57.—(1) A member is not prevented from becoming entitled to a pension under regulation 45 in respect of relevant service because of continuing in HSC employment if paragraph (2) [F1 or (2A)] applies.

(2) This paragraph applies if—

(a) the member is an active member [F2 or a non-contributing member] in the HSC employment and that employment is employment into which the member has been transferred as a result of a transfer of an undertaking to the employing authority, and

(b) the member is a deferred member in respect of pensionable service that ceased before the member commenced the employment referred to in sub-paragraph (a).

[F3 (2A) This paragraph applies if the member [F4 is not a non-contributing member and] is in employment with an employing authority in respect of which the member is eligible to join the 2015 Scheme and that member’s service in this Section does not qualify as, or has ceased to be, pensionable service to which paragraphs 1(2)(i) and (ii) or paragraphs 2(i) and (ii) of Schedule 7 (final salary link) to the 2014 Act applies.]

[F5 (3) In paragraph (1), “relevant service” means—

(a) the pensionable service referred to in paragraph (2)(b) in respect of which the member is a deferred member; or

(b) the service in this Section referred to in paragraph (2A).]

(4) A member is not prevented from becoming entitled to a pension under regulation 55 in respect of pensionable service in an employment (“the old employment”) because of continuing in HSC employment if paragraph (5) applies.

(5) This paragraph applies if—

(a) before the termination of the old employment the member held two or more HSC employments concurrently, and

(b) the member elected to take benefits under regulation 55 only in respect of the old employment and to continue to accrue rights to benefits in respect of any continuing employments in which the member is an active member.

(6) For the effect of a pension becoming payable as a result of paragraph (2) [F1 or (2A)] applying, see—

(a) Chapter 7 (re-employment and rejoining [F6 this Section of] the Scheme),

(b) Chapter 8 (abatement).

Textual Amendments

F1 Word in reg. 57(1)(6) inserted (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), reg. 1, Sch. 2 para. 12(2)

F2 Words in reg. 57(2)(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), 29

F3 Reg. 57(2A) inserted (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), reg. 1, Sch. 2 para. 12(3)

F4 Words in reg. 57(2A) inserted (1.4.2024) by The Health and Social Care Pension Schemes (Partial Retirement etc.) Regulations (Northern Ireland) 2024 (S.R. 2024/50), regs. 1, 24

F5 Reg. 57(3) substituted (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), reg. 1, Sch. 2 para. 12(4)

F6 Words in reg. 57(6)(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