http://www.legislation.gov.uk/id/nisr/2008/256

PART 2BENEFITS FOR OFFICERS

CHAPTER 1INTRODUCTION

General interpretation

Interpretation: general6

1

In Part I and in this Part—

F121“2008 Section Optant” has the meaning given in regulation 136A;
“the 1972 Order” means the Health and Personal Social Services (Northern Ireland) Order 1972 M1;
“the 1993 Act” means the Pension Schemes (Northern Ireland) Act 1993 M2;
“the 1995 Order” means the Pensions (Northern Ireland) Order 1995 M3;
“the 1995 Regulations” means the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 M4;
F121“the 1995 Section” means the section of the Health and Social Care Pension Scheme as set out in the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995;
“the 1997 Order” means the Health Services (Primary Care) (Northern Ireland) Order 1997 M5;
“the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland) Order 1999 M6;
“the 2003 Order” means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 M7;
“the 2004 Order” means the General Medical Services Transitional and Consequential Provisions (No.2) (Northern Ireland) Order 2004 M8;
“the Agency” means the Northern Ireland Central Services Agency for the Health and Social Services established under Article 26 of the 1972 Order;
“active member” has the meaning given in Article 121 (1) of the 1995 Order and, except where the context otherwise requires, refers to membership of F122this Section of the Scheme (but see regulation 49(9));
“additional pension”, in relation to a member, except where the context otherwise requires, means so much of any pension payable to a member as is payable by virtue of contributions made under regulations 34, 36 and 37;
“additional services” has the meaning given in regulation 137;
“APMS contract” means arrangements under Article 56 (2)(b) of the 1972 Order (primary medical services) between a Health and Social Services Board and an APMS contractor;
“APMS contractor” means a person—
1. a
  with whom a Health and Social Services Board has made arrangements under Article 56 (2)(b) of the 1972 Order, and
2. b
  who has entered into, or would be eligible to enter into, a GMS contract for the provision of primary medical services;
“assistant medical practitioner” has the meaning given in regulation 137;
“bank holiday” means any day that is specified or proclaimed as a bank holiday, pursuant to section 1 of the Banking and Financial Dealings Act 1971 M9;
“base rate” means the Bank of England base rate—
1. a
  announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or
2. b
  where an order under section 19 of the Bank of England Act 1998 is in force, any equivalent rate determined by Treasury under that section;
“buy-out policy” means a policy of insurance or annuity contract that is appropriate for the purposes of section 15 of the 1993 Act (extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts) and “buy out” must be read accordingly;
“capped transferred-in service” must be read in accordance with regulation 104;
“cash equivalent” is to be construed in accordance with Chapter IV of Part IV of the 1993 Act;
“CCT” means a Certificate of Completion of Training awarded under article 8 of the 2003 Order, including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;
“certification services” has the meaning given in regulation 137;
“chapter” unless otherwise specified, means a chapter in this Part;
“collaborative services” has the meaning given in regulation 137;
“commissioned services” has the meaning given in regulation 137;
“contracting-out requirements” means the requirements mentioned in section 5(2) of the 1993 Act;
“contribution option period” has the meaning given in regulation 34(8);
F4“corresponding 1995 scheme” means a corresponding health service scheme the provisions of which the Department has determined correspond to the provisions of the 1995 Regulations;
“corresponding 2008 scheme” means a corresponding health service scheme the provisions of which the Department has determined correspond to the provisions of these Regulations;
F5“corresponding health service scheme” means—
1. a
  a superannuation scheme provided under regulations made under section 10 of the Superannuation Act 1972 and having effect in England, Wales and Scotland,
2. b
  a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald) applies, and
3. c
  any other occupational pension scheme approved for the purposes of this regulation by the Department;
“deferred member” has the meaning given in section 121(1) of the 1995 Order, except where the context requires otherwise, refers to membership of F122this Section of the Scheme (but see paragraph (2) and regulation 49(9));
“dentist performer” means a dentist who has undertaken to provide general dental services (GDS) and whose name is included in a list of dentists prepared by the Agency under regulation 4 of the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993 M10;
“Department” means the Department of Health, Social Services and Public Safety;
“dependent child” is to be construed in accordance with regulation 75;
“dispensing services” has the meaning given in regulation 137;
F121“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000;
“employing authority” means—
1. a
  F271...
2. b
  F271...
3. c
  F271...
4. d
  any other body which is constituted under an Order relating to health services and which the Department agrees to treat as an employing authority for the purposes of the Scheme,
5. e
  an OOH provider,
6. f
  an APMS contractor,
7. g
  a GMS practice,
8. h
  a PMS practice, and
9. i
  in relation to a person who is subject to a direction made under Article 12 (5) of the Superannuation (Northern Ireland) Order 1972, and subject to such modifications to this Part as the Department may in any particular case direct, any employer of such a person whom the Department agrees to treat as an employing authority for the purposes of this Part;
10. j
  F272in relation to a person who is subject to a direction made under Article 12 (5) of the Superannuation (Northern Ireland) Order 1972, and subject to such modifications to this Part as the Department may in any particular case direct, any employer of such a person whom the Department agrees to treat as an employing authority for the purposes of this Part;
11. k
  “Regional Health and Social Care Board (RHSCB)” established under section 7(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
12. l
  “Regional Business Services Organisation (RBSO)” established under section 14(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
13. m
  “Patient and Client Council (PCC)” established under section 16(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
14. n
  “Regional Agency for Public Health and Social Wellbeing (RAPHSW)” established under section 12(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009
"employment" includes an office or appointment (other than an honorary office or appointment), and related expressions are to be read accordingly;
"enhanced services" has the meaning given in regulation 137;
"essential services" has the meaning given in regulation 137;
"GDS arrangements" means arrangements for the provision of general dental services under Article 61 of the 1972 Order;
"GDS provider" is a person who is a party to GDS arrangements;
"GMS contract" means a contract under Articles 57 and 57A of the 1972 Order;
"GMS practice" means—
1. a
  a registered medical practitioner F281who is a principal medical practitioner ,
2. b
  two or more F281such individuals practising in partnership, or
3. c
  a company limited by shares,
with whom a Health and Social Services Board has entered into a GMS contract;
F284“GOS arrangements” has the meaning given in regulation 13 of the General Ophthalmic Services Regulations (Northern Ireland) 2007;
"GP performer" means a registered medical practitioner, other than a GP Register or a locum practitioner, whose name is included in a medical performers list and who performs essential services, additional services, enhanced services, dispensing services, collaborative services, commissioned services, OOH services or certification services (or a combination of those services)—
1. a
  under a GMS contract or an APMS contract,
2. b
  on behalf of an OOH provider, or
3. c
  under a contract of service or for services with a Health and Social Services Board which relates to arrangements under which it provides primary medical services under Article 56 of the 1972 Order;
F284“GP provider” has the meaning given in regulation 137;
"GP Registrar" means a medical practitioner who is being trained in general practice by a general medical practitioner who is approved under article 4(5)(d) of the 2003 Order for the purpose of providing training under article 5(1)(c)(i) of that Order, whether as part of training leading to the award of a CCT or otherwise;
"GP trainer" means a registered medical practitioner who is approved by the Postgraduate Medical Education and Training Board under article 4(5)(d) of the 2003 Order for the purposes of providing training to a GP Registrar under article 5(1)(c)(i) of that Order;
"HSC employment" means employment with an employing authority;
F273...
"the guarantee date" has the meaning given in regulation 94(2);
"guaranteed cash equivalent transfer value payment" has the meaning given in regulation 95(3);
"guaranteed minimum pension" means guaranteed minimum pension, or accrued rights to guaranteed minimum pension, under section 10 of the 1993 Act;
F274"host Board", in respect of a person who is a F282principal medical practitioner or non-GP provider who is—
1. a
  a partner in a partnership—
  1. i
    that is a GMS practice, or
  2. ii
    that is an APMS contractor that has entered into an APMS contract for the provision of primary medical services;
2. b
  a shareholder in a company limited by shares that is a GMS practice or an APMS contractor that has entered into an APMS contract for the provision of primary medical services;
3. c
  an individual who is a GMS practice or an APMS contractor,
F275means the Regional Health and Social Care Board (RHSCB) and such a person shall be deemed to be employed by the RHSCB for the purposes of this Part, except where regulation 31(7) or (8) applies;
1. a
  in respect of a dentist performer means the RHSCB.
"lifetime allowance", in relation to a person, has the meaning given in section 218 of the Finance Act 2004M11;
"locum practitioner" has the meaning given in regulation 137;
"lower earnings limit" must be read in accordance with section 5 of the Social Security Contributions and Benefits Act (Northern Ireland)1992 M12;
"lump sum rule" has the meaning given in section 166 of the Finance Act 2004;
"lump sum death benefit rule" has the meaning given in section 168 of the Finance Act 2004;
"member" , except where the context otherwise requires, means an active member, F276non-contributing member, a deferred member, a pensioner member or a pension credit member;
"medical performers list" means a list of registered medical practitioners prepared and published in accordance with the Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004 M13;
F277" non-contributing member" means a member who—
1. a
  is under the age of 75 and in HSC employment;
2. b
  is no longer required to make contributions to F122this Section of the Scheme in accordance with regulation 27(1); but
3. c
  will be entitled to a pension under these Regulations—
  1. i
    on ceasing to be employed in HSC employment and making a claim for the pension, or
  2. ii
    upon reaching age 75;
"non-GP provider" means—
1. a
  a partner in a partnership that is a GMS practice who is not a GP provider and who demonstrates to the satisfaction of the Department that non-GP provider assists in the provision of health and personal social services provided by that practice;
2. b
  a partner in a partnership all of whose members have entered into an agreement for the provision of primary medical services—
  1. i
    but who is not a GP provider; and
  2. ii
    who demonstrates to the satisfaction of the Department that non-GP provider assists in the provision of health and personal social services provided by that partnership;
3. c
  a partner in a partnership that is an APMS contractor that has entered into an APMS contract for the provision of primary medical services—
  1. i
    but who is not a GP provider; and
  2. ii
    who demonstrates to the satisfaction of the Department that non-GP provider assists in the provision of health and personal social services provided by that partnership;
4. d
  a shareholder in a company limited by shares that is—
  1. i
    a GMS practice; or
  2. ii
    an APMS contractor that has entered into an APMS contract for the provision of primary medical services,
  but who is not a GP provider and who demonstrates to the satisfaction of the Department that non-GP provider assists in the provision of health and personal social services provided by that company;
5. e
  an individual who is an APMS contractor but who is not a GP provider and who demonstrates to the satisfaction of the Department that non-GP provider participates in the provision of health and personal social services;
"occupational pension scheme" means an occupational pension scheme within the meaning of section 1 of the 1993 Act which—
1. a
  in the case of such a scheme established on, or after, the 6th April 2006 is a registered pension scheme for the purposes of the Finance Act 2004 and which the Department agrees to recognise as a transferring scheme for the purposes of Chapter 6;
2. b
  in the case of such a scheme established before that date, was—
  1. i
    approved by the Commissioners for Her Majesty's Revenue and Customs for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 M14(retirement benefits schemes) or whose application for approval under that Chapter was under consideration,
  2. ii
    a statutory scheme as defined in section 612(1) of the Income and Corporation Taxes Act 1988 (interpretation), or
  3. iii
    a scheme to which section 608 of the Income and Corporation Taxes Act 1988 applied (superannuation funds approved before 6th April 1980),
  and on 6th April 2006 became a registered pension scheme for the purposes of the Finance Act 2004 ;
"officer" means a person (other than a GP performer) employed by an employing authority and includes a GP Registrar;
"OOH provider" has the meaning given in regulation 20;
F278"OOH services" means services which are required to be provided in the out of hours period and which, if provided during core hours by a GMS practice or APMS contractor to patients to whom the practice or contractor is required by its GMS contract or APMS contract to provide essential services, would be or would be similar to essential services
F284“ophthalmic provider” means a registered medical practitioner who is a principal medical practitioner who is included in an ophthalmic provider list prepared and kept by the Regional Business Services Organisation (RBSO) pursuant to regulation 8(1) of the General Ophthalmic Services Regulations (Northern Ireland) 2007 and is a party to GOS arrangements;
"opting-out" and related expressions are to be construed in accordance with regulation 25;
"pay period" means—
1. a
  in relation to a member who receives regular payments for his service under a contract for services or contract of employment, means the period in respect of which each payment of salary, wages or fees is made in accordance with that contract;
2. b
  in all other cases, any period of three months ending on the last day of March, June, September or December;
"pensionable earnings" has the meaning given in regulation 143 (read with regulation 144);
"pensionable employment" means employment as an officer which is pensionable under this Part;
"pensionable pay" has the meaning given in regulation 13 (read with regulation 14);
"pensionable service" has the meaning given in regulations 7 and 8 (read with regulation 9);
"pensioner member" has the meaning given in Article 121(1) of the 1995 Order and, except where the context otherwise requires, refers to membership of F122this Section of the Scheme (but see paragraphs (2) and (3) and regulation 49(9));
"pension credit" means a credit under Article 26 of the 1999 Order and includes a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999M15;
"pension credit benefit" has the meaning given by section 97B of the 1993 Act;
"pension credit member" has the meaning given by Article 121(1) of the 1995 Order;
"pension credit rights" has the meaning given by section 97B of the 1993 Act;
F121“pension debit member” means a member of this Section of the Scheme whose benefits, or future benefits, under this Scheme have been reduced under Article 28 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (Reduction under pension sharing order following divorce or nullity of marriage), whether before or after the member became a member of this Section of the Scheme;
"pension sharing order or provision" means such an order or provision as is mentioned in Article 25 (1) of the 1999 Order;
"personal pension scheme" means a personal pension scheme which—
1. a
  in the case of such a scheme established on, or after, 6th April 2006 is a registered pension scheme for the purposes of the Finance Act 2004 and which the Department agrees to recognise as a transferring scheme for the purposes of Chapter 6;
2. b
  in the case of a scheme established before that date, was—
  1. i
    approved by the Commissioners for Her Majesty's Revenue and Customs for the purposes of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 (personal pension schemes); and
  2. ii
    on the 6th April 2006 became a registered pension scheme for the purposes of the Finance Act 2004;
"practice staff" means a person who—
1. a
  is not an assistant medical practitioner, a principal medical practitioner, a GP Registrar or a non-GP provider, and
2. b
  is employed by a GMS practice, an APMS contractor or an OOH provider to assist in the provision of the services it provides;
"practitioner" means—
1. a
  a registered medical practitioner who—
  1. i
    is not a GP Registrar, and
  2. ii
    is a locum practitioner, a GP provider or a GP performer, or
2. b
  a dentist performer; F283or
3. c
  an ophthalmic provider
"preservation requirements" means the requirements of Chapter 1 of Part IV of the 1993 Act relating to the preservation of benefits under occupational pension schemes;
"public sector transfer arrangements" means arrangements approved by the Department as providing reciprocal arrangements for the payment and receipt of transfer values between F122this Section of the Scheme and other occupational pension schemes;
"qualifying service" has the meaning given in regulation 10 (read with regulation 11);
"recent leaver" has the meaning given in regulation 72 (3);
"reckonable pay" has the meaning given in regulation 15 (read with regulations 16 to 19);
"registered" means registered under Chapter 2 of Part 4 of the Finance Act 2004;
F284“registered medical practitioner” has the meaning given in section 55 of the Medical Act 1983;
"retail prices index" has the meaning given in section 989 of the Income Tax Act 2007M16;
"safeguarded percentage" has the meaning given by section 64A(3) of the 1993 Act;
"safeguarded rights" has the meaning given by section 64A(1) of the 1993 Act;
F279“the Scheme” means the Health and Social Care Pension Scheme the rules of which are set out in these regulations and the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995;
"the Scheme actuary" means the actuary appointed by the Department for the time being to provide a consulting service on actuarial matters relevant to the Scheme;
"scheme year" means a period of one year beginning with 1st April and ending with 31st March next following;
"specialist" means a consultant, other than a nurse consultant, or a senior hospital medical officer or senior hospital dental officer;
"State pension age" means pensionable age, as defined in section 176(1) of the 1993 Act;
"tax year" means a year of assessment for income tax purposes;
"tier 1 ill-health pension" must be read in accordance with regulation 52;
"tier 2 ill-health pension" must be read in accordance with regulation 52;
"trade dispute" has the meaning given in Article 2 (2) of the Jobseekers (Northern Ireland) Order 1995M17;
F284“Waiting Period Joiner” has the meaning given in regulation 136Y;
"whole-time" , in relation to an employment that is comparable to one or more part-time employments, has the meaning given by paragraph (4).

ii

7

Regulation 8 makes further provision where service is in part-time employment.

F68

Where a member is also a member of the F1251995 Section , any reference in this Part to “45 years” shall be taken to be a reference to a shorter period determined by the formula—

where—

SP is the shorter period, measured in years and days, and
LSS is the length of superannuable service (within the meaning of the 1995 Regulations), measured in years and days, giving rise to membership of the F1251995 Section and, in the case of a member of F126that Section who has become entitled to a pension (including a preserved pension) under F126that Section , including any period that was taken into account for the purpose of determining whether the member was entitled to that pension, or for the purpose of calculating the amount of that pension.

Meaning of “pensionable service”: part-time service8

1

Subject to paragraphs (2) to (6), the number of days of a member's pensionable service in part-time employment for a period is calculated by multiplying the total hours of employment during the period by 7, and dividing by the number of hours of employment per week for a comparable whole-time employment.

2

Subject to paragraphs (3) to (6), if the part-time employment is for a specified number of sessions per week—

a

paragraph (1) does not apply, and

b

the number of days of the member's pensionable service in the part-time employment for the period is calculated by multiplying the number of sessions of employment during the period by 7, and dividing by the number of sessions per week of the length of the specified sessions for a comparable whole-time employment.

3

If during the period for which a part-time employment is held there is an alteration—

a

in the case of an employment to which paragraph (1) applies, in the number of hours of employment per week for a comparable whole-time employment, or

b

in the case of an employment to which paragraph (2) applies, in the number of specified sessions per week or the length of those sessions for a comparable whole-time employment,

separate calculations must be made under paragraph (1) or, as the case may be, paragraph (2) for the periods before and after the alteration.

4

If, apart from this paragraph, a member's pensionable service in respect of the part-time employments held for a period, calculated in accordance with paragraph (1) or (2), would exceed that period, the excess is ignored.

5

Paragraphs (1) and (2) do not apply for the purposes of regulation 7(3) (45 year limit), and for those purposes part-time employments held concurrently are treated as a single employment.

6

Temporary additional sessions are ignored in calculating a member's pensionable service in a part-time employment.

paternity leave, or

e

parental leave,

this regulation applies as if the reference to 12 months in paragraph (4)(b) were a reference to 3 years.

8

Paragraph (6)(b) does not apply if the person repays to the Department any contributions repaid to the person as mentioned in that paragraph, together with any interest paid to the person on those contributions, before the expiry of the period of 6 months beginning with the date on which the person becomes an active member again.

9

For the regulations where paragraph (5) applies in respect of the service in which the person was an active member and becomes an active member again, see Chapter 7 (re-employment and rejoining F134this Section of the Scheme).

Qualifying service

Meaning of “qualifying service”10

1

In this Part, references to a member's qualifying service, are references to the aggregate of the following periods—

a

the member's pensionable service under this Part other than such pensionable service as is referred to in regulation 7(1)(c) (transferred-in service),

b

in the case of a person in respect of whom a transfer value in respect of his rights under another pension arrangement F8(including the F1351995 Section ) has been accepted under Chapter 6 (transfers), a period equal to the person's period as an active member in any occupational pension scheme in respect of which the rights accrued,

c

in the case of a person who—

i

became an active member on the transfer of the person's employment to a new employer as the result of a transfer of an undertaking to that employer, and

ii

has rights under another occupational pension scheme to which the person was eligible to belong in the person's employment with the former employer, in respect of which no transfer payment has been accepted under regulation 102,

the period of employment that qualified the member for those rights, and

d

any period treated as qualifying service under paragraph (3), (5) or (6) or under regulation 11, F137...

e

where the member ceased to be an active member under Part 3 not more than 12 months before becoming a member under this Part, any period of qualifying service under Part 3F9; and

f

in the case of a person—

i
who is eligible to join F139this Section of the Scheme by virtue of regulation 21(5)(c), and
ii
for whom the interval between leaving the F1361995 Section and joining F139this Section of the Scheme is less than one month,

a period equal to the period of qualifying service (within the meaning of the 1995 Regulations), measured in years and days, that the member was entitled to count under regulation 5 of the 1995 Regulations when the member left that schemeF138; and

g

in the case of a 2008 Section Optant, any period of qualifying service the member is entitled to count under Chapter 10 of this Part.

2

Paragraph (3) applies if a member who is employed on a casual basis—

a

ceases to pay contributions because of a break in the employment in which the member is an active member of a period not exceeding three months, and

b

re-enters employment in which the member is eligible to be an active member on the same basis after the break.

3

For the purposes of this Part the member is treated—

a

as continuing to be in qualifying service during the break, and

b

as not being required to rejoin F140this Section of the Scheme on re-entering the employment.

4

For the other rules applying where there is a short break in service, see regulation 11.

5

If—

a

a pension becomes payable to a member under regulation 55 (early retirement on termination of employment by employing authority) in a case where regulation 57 (5) applies, and

b

the member has 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,

the pensionable service in respect of which that pension is calculated is treated as qualifying service in relation to any employment in respect of which rights to benefits continue to accrue.

6

In determining the service that is pensionable service for the purposes of this regulation, regulation 8 (meaning of “pensionable service”: part-time service) does not apply, but for those purposes part-time employments held concurrently are treated as a single employment.

Qualifying service: disregard of breaks in service11

1

This regulation applies for the purpose of calculating the qualifying service of a member whose pensionable service ceases for an interval (other than in circumstances where regulation 10(2) applies).

2

Subject to paragraph (6), if the interval—

a

does not exceed one month, or

b

is due to a trade dispute,

the member's qualifying service before and after the interval is treated as continuous for the purpose of calculating the member's qualifying service after the interval (but the period of the interval is ignored).

the person's rights under F142this Section of the Scheme in respect of that period have been extinguished under regulation 99 because a transfer value payment has been made.

7

Paragraph (6)(a) does not apply if the person repays to the Department any contributions repaid to the person as mentioned in that paragraph together with any interest on those contributions, before the expiry of the period of 6 months beginning with the date on which the member becomes a member again.

8

If—

a

a member is a deferred member or pensioner member in respect of the period of pensionable service before pensionable service ceases for an interval, and

b

the periods of pensionable service before and after pensionable service ceases for an interval are not treated as a single period of continuous service under regulation 9(5) or regulation 111(2)(a),

the period of pensionable service in respect of which the member is a deferred member or a pensioner member is treated as qualifying service in relation to the period after the interval.

Calculating service

Calculation of periods of membership or service12

1

References in this Part to any period expressed in days are references to the period in question ignoring 29th February, expressed in days.

2

For the purposes of F143this Section of the Scheme, and except where provided otherwise in this Part, periods of service are to be expressed in the first instance in complete days or fractions of a day, and the initial aggregation of periods that require to be aggregated is done in the first instance by reference to periods so expressed.

3

If, when all periods of service that require to be aggregated have been aggregated, there is any excess part day over the number of whole days, that excess is rounded up to a full day.

4

If service is referred to as service in years and days—

a

the days referred to in paragraph (2), and

b

the full days referred to in paragraph (3),

are converted into years and days on the assumption that a year contains 365 days.

5

If service is referred to as service in years—

a

the days referred to in paragraph (2), and

b

the full days referred to in paragraph (3),

in the opinion of the Department, the total pensionable pay for the employments (apart from this paragraph) exceeds the amount that would be the pensionable pay for a comparable whole-time employment, not held concurrently with any other employment under which services of the kinds performed in the two or more part-time employments are performed,

the excess pensionable pay is ignored for the purposes of this Part.

5

In the case of a non-GP provider who is not in receipt of any salary, wages, fees or any other regular payment, pensionable pay means practitioner income less any sum on account of practice expenses (for these purposes, contributions payable under regulation 27(5) or (6) are neither practitioner income nor practice expenses).

6

For the purposes of this regulation, the practitioner income of a non-GP provider means income that accrues to the non-GP provider which is derived from—

a

a GMS contract;

b

an APMS contract;

c

payments from, or to, a practitioner who is a GMS practice or an APMS contractor in respect of the performance of certification services, commissioned services or collaborative services.

7

In the case of a non-GP provider who is in partnership with a principal medical practitioner practising in partnership, the pensionable earnings of each non-GP provider who is a partner in a partnership shall be calculated by aggregating the pensionable earnings of each partner (including for this purpose, any amount that would constitute pensionable earnings in the case of any of them who are not included in the Scheme) and, subject to paragraph (8), dividing the total equally by reference to the number of such partners.

8

If the non-GP providers and any principal medical practitioners who are partners in a partnership do not share equally in the partnership profits, they may elect that each partner's pensionable earnings shall correspond to each partner's share of the partnership profits.

9

The calculations described in paragraph (8) will be made by the Health and Social Services Board to which the partners are required to give notice of their election in accordance with paragraph (10).

10

Non-GP providers and any principal medical practitioners who are partners in any partnership must exercise the election described in paragraph (8) by giving notice in writing to their host Board in accordance with paragraph (11).

11

A notice given under this regulation—

a

must be signed by all the non-GP providers and principal medical practitioners in the partnership and must state as a fraction each non-GP provider's and practitioner's share in the partnership profits;

b

will take effect—

i

from the date agreed between the partners and the Health and Social Services Board concerned; or

ii

if no agreement is reached, a date decided by the Department;

c

will continue in effect until cancelled or amended by a subsequent notice in writing signed by all the partners in the partnership;

d

will be automatically cancelled upon a change in the members of the partnership.

Pensionable pay: breaks in service14

1

Paragraph (2) applies if a member is absent from work because of—

a

illness or injury,

b

maternity leave,

c

adoption leave,

d

paternity leave, or

e

“the best consecutive 1095 day period” shall be determined by comparing—

i

the period of 1095 days immediately preceding the relevant day (Period 1);

ii

the period of 1095 days which overlaps Period 1 by 730 days (Period 2);

iii

the period of 1095 days which overlaps Period 2 by 730 days,

and so on.

6

Except where paragraph (4) or (7) applies, in this regulation “interim reckonable pay” means one-third of the member's pensionable pay for the period of 1095 days—

a

that begins—

i

during the member's pensionable service, and

ii

within the period of 10 years ending with the relevant day, and

b

for which the member's pensionable pay was the highest (“the best consecutive 1095 day period”).

7

If the member's pensionable service within the period of 10 years ending with the relevant day—

a

is less than 365 days, or

b

exceeds 365 days but is less than 1095 days,

“interim reckonable pay” means the member's pensionable pay for the period of the member's pensionable service, divided by the number of days in that period and multiplied by 365.

8

If two or more periods of pensionable service are treated as a single continuous period of pensionable service under—

a

regulation 9(5) (pensionable service: breaks in service), or

b

regulation 111(2) (exception to general rule in regulation 110),

the references in—

i

paragraph (4) to a period of pensionable service equalling 365 days,

ii

paragraph (5) to a period of 1095 days,

iii

paragraph (7) to the period of pensionable service less than 365 days or more than 365 days but less than 1095 days,

are references to periods together amounting to periods of that length, disregarding any breaks during the single period.

9

Paragraph (8) does not apply if the other employment is an employment in respect of which the member continues to accrue benefits in accordance with regulation 57 despite being entitled to a pension under regulation 55.

10

If—

a

a person's reckonable pay in respect of an employment that the person has left falls to be determined under this regulation by reference to the person's pensionable pay for any period in respect of an employment, and

b

the person held that employment concurrently during that period with another employment in which the person was an active member,

the member's pensionable pay for that period in the other employment must be taken into account in that determination.

F14711

For the purposes of this regulation, pensionable service does not include—

a

“pensionable pay” has the meaning given by regulation 13.

Meaning of “reckonable pay”: non-concurrent part-time employment18

1

This regulation applies if a member's reckonable pay falls to be determined under regulation 15 by reference to the member's pensionable pay for any period for a part-time employment that was not held concurrently with any other such employment in which the member was an active member.

2

The member's reckonable pay for that period in respect of the part-time employment is the amount, subject to paragraph (4), that would have been paid in respect of that employment for that period if it had been a whole-time employment not held concurrently with any other employment.

3

For the purposes of paragraph (2) it is assumed that the same rate of pay per hour or session (or part of an hour or session) is paid for the whole-time employment as is paid per hour or session (or part of an hour or session) for the part-time employment.

4

If, in a case where, apart from this paragraph, paragraph (2) would apply, it appears to the Department that, by reason of exceptional circumstances, the application of the assumptions in paragraph (3) for the purposes of paragraph (2) would result in an excessive amount being given by paragraph (2), that amount must be reduced by such amount as is in the opinion of the Department appropriate having regard to what would have been paid for that period in respect of a comparable whole-time employment.

5

This regulation does not apply to the calculation of the reckonable pay of an active member or a pensioner member for the purposes of regulation 83(1) or (2) (lump sum payable on death of active or pensioner member).

Meaning of “reckonable pay”: concurrent part-time employments19

1

This regulation applies if under regulation 15(10) a member's reckonable pay falls to be determined by reference to the member's pensionable pay for any period for two or more part-time employments held concurrently during that period.

2

The member's reckonable pay for that period is calculated as follows—

Step 1
Calculate the reckonable pay for each of the employments under regulation 18 as if it were not held concurrently with any other such employment.
Step 2
Find the appropriate fraction for each of the employments (see paragraph (3)).
Step 3
Add together the appropriate fraction of the reckonable pay for each of the employments as calculated at Step 1.

3

Except where paragraph (4) applies, the appropriate fraction for an employment is—

\frac{HPW}{THPW}

where—

HPW is the number of hours per week of the employment, and

THPW is the total hours per week of both or all the employments.

4

The appropriate fraction for an employment for a specified number of sessions per week is—

\frac{SPW}{TSPW}

where—

SPW is the number of sessions per week of the employment, and

TSPW is the total sessions per week of both or all the employments.

5

If—

a

one or more of the employments is an employment for a specified number of sessions per week, and

b

one or more of the employments is not such an employment,

the denominator for the fractions given in paragraphs (3) and (4) is calculated on the basis that a session is 3.5 hours or such number of hours as the Department may in any particular case determine.

Out of hours providers20

1

For the purposes of these Regulations, an OOH provider is—

a

a company limited by guarantee (which is not otherwise an employing authority)—

i

in which all the members of the company are registered medical practitioners, APMS contractors or GMS practices and the majority of those members are—

aa

APMS contractors, GMS practices whose APMS contracts or GMS contracts require them to provide OOH services; or

bb

registered medical practitioners who are partners or shareholders in an APMS contractor or a GMS practice which is a partnership or a company limited by shares and which is required to provide OOH services under its GMS contract or APMS contract,

ii

which has a contract with a Health and Social Services Board, an APMS contractor or a GMS practice for the provision of OOH services, and

iii

in respect of which a Health and Social Services Board appointed by the Department to act on its behalf—

aa

is satisfied that the provision of OOH services by the company is wholly or mainly a mutual trading activity;

bb

is satisfied that the company has met all the conditions for being an OOH provider in this regulation; and

cc

has, pursuant to a written application made by the company to it for that purpose, approved the company as an employing authority; or

b

some other body corporate (which is not otherwise an employing authority) which—

i

operates in the interests of those who are the recipients of the primary medical services it provides or of the general public;

ii

operates on a not-for-profit basis;

iii

is not an associated company in relation to another person;

iv

has memorandum or articles or rules that—

aa

prohibit the payment of dividends to its members; and

bb

require its profits (if any) or other income to be applied to promoting its objects, and

cc

require all the assets which would otherwise be available to its members generally to be transferred on its winding up either to another body which operates on a not-for-profit basis and whose purpose is to provide health or social care for the benefit of the community or to another body the objects of which are the promotion of charity and anything incidental or conducive thereto,

v

has at least one member who is—

aa

an APMS contractor or a GMS practice; or

bb

a partner in a partnership that is an APMS contractor or a GMS practice; or

cc

a shareholder in a company limited by shares that is an APMS contractor or a GMS practice,

vi

has a contract with a Health and Social Services Board, an APMS contractor or a GMS practice, for the provision of OOH services; and

vii

is approved as an employing authority by a Health and Social Services Board appointed by the Department to act on its behalf—

aa

pursuant to a written application made by the body to it for that purpose; and

bb

that Health and Social Services Board being satisfied that the body has met all the conditions for being an OOH provider in this regulation.

2

For the purposes of paragraph (1)(b)(iii)—

a

a body corporate is to be treated as another person's associated company if that person has control of it, except if that person is an employing authority; and

b

a person shall be taken to have control of a body corporate if he exercises, or is able to exercise, or is entitled to acquire, direct or indirect control over its affairs.

3

A company limited by guarantee or other body corporate which provides or is to provide OOH services and which wishes to be approved as an employing authority must make a written application to a Health and Social Services Board appointed by the Department to act on its behalf (“the appointed Board”).

4

An application referred to in paragraph (3) may specify the date from which approval by the appointed Board (if given) shall have effect (“the nominated date”).

5

If a company limited by guarantee or other body corporate makes an application and—

a

the appointed Board is satisfied that the company or other body corporate meets the conditions for approval or will do so at any nominated date which is later than the approval date; and

b

it approves that application, that approval shall take effect on the later of the nominated date and the approval date.

6

If paragraph (5) applies, HSC employment shall be treated as commencing on the later of the nominated date (if any) and the approval date.

7

For the purposes of this regulation the conditions for approval are those referred to in paragraph (1)(a) or (b) as the case may be.

8

The appointed Board may give an OOH provider a notice in writing terminating its participation in F149this Section of the Scheme where that provider—

a

does not have in force a guarantee, indemnity or bond as required by the Department in accordance with regulation 33;

b

has ceased to satisfy the conditions for approval;

c

has notified the Health and Social Services Board that any one of the following events has occurred in respect of it—

i

a proposal for a voluntary arrangement has been made or approved under Part II of the Insolvency (Northern Ireland) Order 1989 M18 (“the 1989 Order”); or

ii

an administration application has been made, or a notice of intention to appoint an administrator has been filed with the court, or an administrator has been appointed under Part III of the 1989 Order; or

iii

a receiver, manager or administrative receiver has been appointed under Part IV of the 1989 Order; or

iv

a winding-up petition has been presented, a winding-up order has been made or a resolution for voluntary winding-up has been passed under Part V or Part VI of the 1989 Order or an instrument of dissolution has been drawn up in accordance with section 67 of the Industrial and Provident Societies (Northern Ireland) Act 1969 M19; or

v

notice has been received by it that it may be struck off the register of companies, or an application to strike it off has been made, under Part XX of the Companies (Northern Ireland) Order 1986 M20.

9

An OOH provider—

a

must give the appointed Board notice in writing upon the occurrence of any of the events referred to in paragraph (8)(c) and must give such notice on the same day as that event;

b

that wishes to cease to participate in F150this Section of the Scheme must give the appointed Board and its employees not less than 3 months notice in writing (to commence with the date of the notice) of that fact.

10

An OOH provider must cease to participate in F151this Section of the Scheme on—

a

such date as the appointed Board may specify in a notice under paragraph (8);

b

the day upon which the period referred to in paragraph (9)(b) expires if a notice under that provision has been given.

CHAPTER 2MEMBERSHIP

Eligibility: general21

1

A person is eligible to be an active member of F159this Section of the Scheme if conditions A to C are met and the person is not prevented by regulation 22, 23 or 26.

2

Condition A is that the person is in HSC employment.

3

Condition B is that the person—

a

enters HSC employment on or after 1st April 2008, or

b

j

the person—

i

ii

is not entitled to a pension (including a deferred pension) under those Regulations, and

iii

has, in respect of the HSC employments referred to in head (i), either received a repayment of contributions or exercised the right to a transfer payment under Part VI of those Regulations,

but F22sub-paragraphs (d) to (f) will not apply if the Department has permitted such a person to rejoin the HPSS Superannuation Scheme 1995 in the circumstances described in regulation 7(3) M21 of the F1551995 Section .

6

This regulation shall apply to any person who has previously been an active member of a corresponding health service scheme as though in paragraphs (3) and (5) any reference to—

a

“ F1561995 Section ” includes a reference to that corresponding health service scheme, and

b

“HSC employment” includes a reference to—

i

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 M22 apply,

ii

employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 M23,

iii

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

iv

employment to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald) M24 applies, and

v

employment with an employer with whom an agreement has been made under section 235 of the National Health Service Act 2006 M25.

F287Eligibility: transitional21A

1

A person is eligible to be an active member of this Section of the Scheme if—

a

the person is not prevented from being so by regulation 22, 23 or 26, and

b

either—

i

the Department has accepted that person’s option to join this Section of Scheme under Chapter 10 of Part 2, or

ii

that person meets all of the requirements in paragraph (2).

2

Those requirements are that the person—

a

is under age 75,

b

was an active member of the 1995 Section on or after 1st April 2008,

c

became a pensioner member of the 1995 Section on or before 1st October 2009,

d

has either—

i

returned to HSC employment since becoming a pensioner member referred to in sub-paragraph (c), or

ii

commenced for the first time HSC employment, and

e

b

the “1995 Regulations” includes a reference to any regulations, orders, rules or other instruments governing that corresponding 1995 scheme;

c

regulations “12”, “13”, “13A”, “13A(3)(a)”, “13A(3)(b)”, “13B(3)”, “14”, “14A” or “16” includes the equivalent of those regulations in a health service scheme the provisions of which correspond to the 1995 Regulations, and

d

“regulation 5 of the Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983” includes the equivalent of that regulation as it applies to a member of a corresponding 1995 scheme.

becomes entitled to a tier 2 ill-health pension under that regulation on the date the Department makes a determination under regulation 53(3).

This is subject to paragraph (8).

8

A person to whom paragraph (7) applies is eligible to be an active member of F163this Section of the Scheme in any further employment after the first anniversary of that person’s first day of such employment following the date of the Department’s determination under regulation 53.

Concurrent employments23

1

This regulation applies if for any period a person holds two or more employments in respect of which the person is (or apart from this regulation would be) eligible to be an active member of F164this Section of the Scheme.

2

The person may only be such a member in respect of so many hours or, as the case may be, sessions in each such employment as, in the opinion of the Department, do not, taken together, exceed a comparable whole-time employment not held concurrently with any other employment.

3

If the person is such a member in respect of two or more employments which, in the opinion of the Department, when taken together exceed a comparable whole-time employment not held concurrently with any other employment, the person is not eligible to be an active member in respect of any employment (or part of an employment) which exceeds a comparable whole time employment not held concurrently with any other employment.

4

For the purposes of paragraphs (2) and (3), two or more employments taken together exceed a comparable whole-time employment if the total number of hours or sessions under the employments exceeds the number of hours or sessions that would, in the opinion of the Department, constitute a comparable whole-time employment under which services of the kinds performed in the two or more employments were performed.

5

For the purposes of this regulation an employment is “whole-time” if it is employment for such number of hours or sessions as in the opinion of the Department amounts to whole-time employment in the case of an employment for services of the kind performed in the two or more employments.

6

A person may participate in F164this Section of the Scheme in respect of employment as an officer even if he also participates in Part 3 in respect of concurrent employment as a practitioner.

Joining and leaving the Scheme

4

A person within regulation 24(1) (automatic membership on entering employment) in respect of an employment who gives notice in writing under paragraph (1) before the end of the person's first pay period in the employment is treated as not having become an active member by virtue of that regulation.

Member contributions must be made—

a

until the member completes 45 years’ pensionable service, or

b

where the notice required by regulation 7(3) has been properly received, until the member ceases officer service.

3

In the case of a member who is not a non-GP Provider, the member’s employing authority must deduct member contributions from the member’s pensionable pay and pay them to the Department not later than the 19th day of the month following the month in which the pay was paid to the member.

4

In the case of a member who is a non-GP Provider, the host Board must pay to the Department contributions under this regulation paid to it by the non-GP provider or paid to it by another employing authority not later than the 19th day of the month following the month in which the earnings were paid to the non-GP Provider.

5

Paragraph (6) applies where a member has failed to pay member contributions or an employing authority has failed to deduct such contributions in accordance with this regulation.

6

The Department may recover any sum that remains due in respect of contributions referred to in paragraph (5) by deduction from any payment by way of benefits to, or in respect of, the member if—

a

the member agrees to such a deduction; and

b

the deduction is to the member’s advantage.

7

Paragraph (6) is without prejudice to any other method of recovery the Department may have.

8

A member who is absent from service in circumstances within regulation 9(1) to (3), may make contributions to this Section of the Scheme in respect of the member’s pensionable pay or, as the case may be, pensionable earnings in accordance with that regulation and whichever of regulation 28 or 30 applies to that member.

9

If, apart from this paragraph, the pay or, as the case may be, earnings for a scheme year in respect of a member’s service would not be a whole number of pounds, that pay or, as the case may be, those earnings must be rounded down to the nearest whole pound.

F306Contribution rate for members other than non-GP providers28

1

Contributions under regulation 27(1)(a) must be paid at the member’s contribution rate for the scheme year in question.

2

A member’s contribution rate is the percentage specified in column 2 of the relevant table in respect of the corresponding pensionable pay band specified in column 1 of that table into which the member’s pensionable pay falls.

3

The pensionable pay bands and contribution percentage rates shall be determined in accordance with the relevant table in respect of each scheme year.

4

For the purposes of this regulation “the relevant table” means—

a

in respect of the 2010-2011 scheme year, table 1 where paragraph (2) of regulation 29 applies and table 2 if paragraph (16), (17) or (21) of that regulation applies;

b

in respect of the 2011-2012 scheme year, table 2.

Table 1

Column 1	Column 2
Pensionable Pay band	Contribution percentage rate
Up to £20,709	5%
£20,710 to £68,392	6.5%
£68,393 to £107,846	7.5%
£107,847 to any higher amount	8.5%

Table 2

Column 1	Column 2
Pensionable Pay band	Contribution percentage rate
Up to £21,175	5%
£21,176 to £69,931	6.5%
£69,932 to £110,273	7.5%
£110,274 to any higher amount	8.5%.

F62F30429 Determination of pensionable pay for the purposes of setting a contribution rate for members other than non-GP Providers29

1

For the purposes of this regulation—

a

“previous scheme year” means the scheme year immediately preceding the scheme year in respect of which contributions are payable in accordance with this part (“the current scheme year”); and

b

if a member holds two or more pensionable employments at the same time—

i

the determinations referred to in paragraphs (4) to (21) shall apply to each such employment separately; and

ii

each such employment shall be treated separately for the purpose of paying contributions.

2

For the purposes of determining the relevant annual contribution rate for the current scheme year paragraphs (3) to (15) apply to a member who is in pensionable employment with the same employing authority on both the last day of the previous scheme year and the first day of the current scheme year.

This is subject to paragraphs (16) and (17).

b

paid contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and

c

is employed by that authority on the first day of the current scheme year,

the member shall pay contributions during the current scheme year at the rate specified in column 2 of F307the relevant table in paragraph (4) of regulation 28 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member’s pensionable pay determined by reference to the amount the Department determines would have been paid in respect of a single comparable whole-time employment during the previous scheme year.

6

If a member—

a

was in pensionable employment with an employing authority on a combination of a whole-time and part-time basis throughout the previous scheme year;

b

paid contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and

c

is employed by that authority on the first day of the current scheme year,

i

the member’s pensionable pay received during the previous scheme year in respect of the member’s whole-time employment, and

ii

RPP is the pensionable pay received for the whole-time employment with that employer for the period commencing on the date the member’s contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year;
CWTE is the amount the Department determines would have been paid in respect of a single comparable whole-time employment in respect of the member’s part-time employment with that employer for the period commencing on the date the member’s contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year;
NDPE is the number of days of pensionable employment with that employer for the period commencing on the date the member’s contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year.

16

If, at any time during the current scheme year, a member commences a new employment, the member shall pay contributions in respect of that employment at the rate specified in column 2 of F307the relevant table in paragraph (4) of regulation 28 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay determined in accordance with paragraph (20).

17

Subject to paragraph (18), if at any time during the current scheme year, a change is made to a member’s annual rate of pensionable pay or pensionable allowances in respect of an existing employment the member shall pay contributions—

a

from the first day of the next pay period immediately following the pay period in which the change is made at the rate specified in column 2 of F307the relevant table in paragraph (4) of regulation 28 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay determined in accordance with paragraph (20); and

b

as if the member’s employment had commenced on that date.

18

Paragraph (17) does not apply to a change made to a member’s annual rate of pensionable allowances in respect of an existing employment that is determined by that member’s employer to have been made in respect of—

a

unplanned changes to that member’s duties; or

b

changes to that member’s duties that are unlikely to persist for at least 12 months.

19

If the change to a member’s pensionable pay referred to in paragraph (17) is made in respect of an existing part-time employment, that paragraph shall not apply unless there is a corresponding change to the amount of pensionable pay that would be paid to that member in respect of a whole-time comparable employment.

20

Where paragraph (16) or (17) apply the Department shall determine the member’s pensionable pay—

a

by applying the formula—

where—

EPP is the estimated pensionable pay that the member’s employing authority estimates will be payable to the member in respect of that employment during the current scheme year;
NDPE is the number of days of pensionable employment from the date employment commences to the end of the current scheme year; and

b

if the further employment is part-time employment, by determining how much would be paid in respect of a whole-time comparable employment,

with the amount determined under sub-paragraph (a) being the member’s pensionable pay for the purposes of this paragraph if the further employment is whole-time employment and the amount determined under sub-paragraph (b) being the member’s pensionable pay for the purposes of this paragraph if the further employment is part-time employment.

21

If none of paragraphs (4) to (17) apply—

a

the Department must determine the amount of the member’s pensionable pay, and in doing so shall, in addition to the matters referred to in paragraph (4) of regulation 28, have regard to the pensionable pay attributable to pensionable employment comparable to the member’s employment, prevailing pay scales and prevailing rates of pensionable allowances; and

b

the member shall pay contributions at the rate specified in column 2 of F308the relevant table in paragraph (4) of regulation 28 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay determined in accordance with sub-paragraph (a).

22

If, during the current scheme year—

a

a payment is made to a member in respect of work that was undertaken by that member—

i

during an earlier scheme year, or

ii

during a period before the percentage rate at which contributions are due from that member changed by virtue of paragraph (16) or (17), or

iii

in part during the scheme year referred to in head (i) and in part during the period referred to in head (ii);

b

that member is in pensionable employment with the employing authority making that payment on the day that it is made; and

c

that payment does not exceed £150,

for all purposes under F269this Section of the scheme—

i

that payment shall be treated as if it has been made to the member in respect of work undertaken by that member in the current scheme year, and

ii

contributions shall be payable in respect of that payment at the rate applicable to the member on the day that the payment is made.

23

5

In the circumstances referred to in paragraph (4), contributions payable for the scheme year in question shall be those specified in column 2 of the relevant table in paragraph (14) in respect of the amount of pensionable earnings referred to in column 1 of that table which corresponds to—

a

the certified or final pensionable earnings from all non-GP provider sources, and

b

any additional pensionable earnings the non-GP provider is treated as having received during a break in service in accordance with regulation 14.

6

If paragraph (4) does not apply to a non-GP provider in respect of a scheme year, that non-GP provider shall pay contributions at the rate in column 2 of the relevant table in paragraph (14), on the basis of whichever of the following the host Board considers the most appropriate in the circumstances—

a

an amount of the non-GP provider’s earnings that has been agreed between the host Board on the one hand and the non-GP provider on the other hand;

b

an amount of the non-GP provider’s earnings that corresponds to that non-GP provider’s most recent certified or final pensionable earnings referred to in paragraph (4); or

c

Table 1: Scheme Year 2009-2010

Column 1	Column 2
Pensionable earnings band	Contribution percentage rate
Up to £20,709	5%
£20,710 to £68,392	6.5%
£68,393 to £107,846	7.5%
£107,847 to any higher amount	8.5%

Table 2: Scheme Year 2010-2011

Column 1	Column 2
Pensionable earnings band	Contribution percentage rate
Up to £21,175	5%
£21,176 to £69,931	6.5%
£69,932 to £110,273	7.5%
£110,274 to any higher amount	8.5%.

Contributions by employing authorities

F311Contributions by employing authorities: general31

the amount of each of the instalments payable under paragraph (4)(b).

Guarantees, indemnities and bonds33

c

is not less than 1 year nor more than 20 years, and

d

does not end later than the member's 65th birthday.

F1659

In the case of a 2008 Section Optant, this regulation is subject to regulation 136D.

If paragraph (3) applies, the member may continue to make contributions in accordance with the option after becoming an active member again unless a repayment of contributions has been made to the member under regulation 44.

5

For the purposes of paragraph (4) it does not matter whether the member has paid any of the repaid contributions back to the Department.

Member's option to pay lump sum contribution to purchase additional pension36

1

An active member may opt to make a single lump sum contribution—

5

A contribution under this regulation must be paid by the employing authority to the Department within one month of the date on which the authority gave the Department notice under regulation 38(2).

F1676

In the case of a 2008 Section Optant, this regulation is subject to regulation 136D.

before the end of the period of one month beginning with the day on which the authority gave the Department notice under paragraph (2), or

ii

if it is earlier, on or before the member's 65th birthday.

Cancellation of options under regulation 3439

1

A member may cancel an option under regulation 34(1) by giving the employing authority notice in writing.

2

If a member cancels such an option, the additional periodical contributions cease to be payable for the first pay period beginning after the date on which the employing authority receives the notice and all subsequent pay periods.

3

If it appears to the Department that the requirement in regulation 34(7) (overall maximum) will not be met if the member continues to make periodical contributions under an option exercised under regulation 34, the Department may cancel the option by giving the member notice in writing.

4

If the Department cancels such an option, the additional periodical contributions cease to be payable for the first pay period beginning after the date specified in the notice and all subsequent pay periods.

Effect of payment of additional contributions under this Chapter40

1

This regulation applies if—

a

an option is exercised by a member under regulation 34 and all the contributions to be made under the option are made,

b

an option is exercised by a member under regulation 36 or by a member's employing authority under regulation 37 and the lump sum payment is made.

2

Subject to paragraph (9), the member's pension is increased by the full amount of the increase to be made in accordance with the terms of the option, after the final adjustment in that amount in accordance with regulation 43(revaluation of increases bought under options: members' pensions).

3

Paragraph (2) is without prejudice to any increase or reduction falling to be made in the total amount of the member's pension under Chapter 4 (members' retirement benefits) F168or Chapter 10 of this Part as a result of the member becoming entitled to payment of the pension before or after reaching the age of 65 (see regulations 47 to 49 F168and 136U ).

4

In the case of an option under regulation 34(1)(b), 36(1)(b) or 37(1)(b), any pension payable under Chapter 5 (death benefits) in respect of the member is increased by the appropriate amount.

5

In paragraph (4), subject to regulations 41 and 42(3), “the appropriate amount” means—

a

in the case of a pension under regulation 67 the amount of which is determined under regulation 69 (active members) or regulation 71 (deferred members), 37.5% of the amount of the increase mentioned in paragraph (2) that would have applied in the member's case if the member had become entitled to the increase on the date of death (disregarding paragraph (3)),

b

in the case of a pension under regulation 67 the amount of which is determined under regulation 70 (pensioner members), 37.5% of the amount of the increase in the member's pension as a result of the option,

c

in the case of a pension under regulation 74 the amount of which is determined under regulation 76 (active members) or regulation 78 (deferred members), the appropriate fraction (within the meaning of regulation 76 or, as the case may be, regulation 78) of 75% of the amount of the increase mentioned in paragraph (2) that would have applied in the member's case if the member had become entitled to the increase on the date of death (disregarding paragraph (3)), and

d

in the case of a pension under regulation 74 the amount of which is determined under regulation 77 (pensioner members), the appropriate fraction (within the meaning of that regulation) of 75% of the amount of the increase in the member's pension as a result of the option.

6

Except as provided in regulation 49, no separate claim is required as respects any additional pension payable by virtue of this regulation.

7

This regulation is subject to regulation 41.

8

For the effect of the options under regulation 34 where this regulation does not apply, see regulation 42 (effect of part payment of periodical contributions).

9

Paragraph (10) applies only to an option under regulations 34(1)(a), 36(1)(a) or 37(1)(a), where a pension is to be paid for either three or six months at the same rate as the member's pension was being paid at the date of that member's death.

10

Any increase to the member's pension shall be included only in a benefit payable to a surviving partner or a dependent child in respect of the member under these Regulations whilst it is being paid at the rate and for the duration of one of the periods referred to in paragraph (9).

F16911

In the case of a 2008 Section Optant, this regulation is subject to regulation 136D.

becomes entitled to a pension under regulation 49 before reaching the age of 65,

the increase in the member's pension under Chapter 4 (members' retirement benefits) which would otherwise be due under regulation 40(2) or regulation 42 is reduced.

6

The amount of the reduction is such amount as the Department determines, after consulting the Scheme actuary, to be appropriate by reason of the payment of the increase before the member reaches 65.

7

This regulation is subject to regulation 42.

Effect of part payment of periodical contributions42

1

This regulation applies if—

a

the full number and amount of contributions due under an option under regulation 34 for the whole contribution option period are not made, and

b

regulation 41(1) to (4) does not apply.

2

The increase in the member's pension under Chapter 4 (members' retirement benefits) is the appropriate proportion of the increase that would have been made under regulation 40(2) if the full number and amount of contributions had been made (but taking account of regulation 41(5) if that applies).

3

In the case of an option under regulation 34(1)(b), the increase in any benefit payable under Chapter 5 (death benefits) in respect of the member is the appropriate proportion of the increase that would have been made under regulation 40(4) if the full number and amount of contributions had been made (but taking account of regulation 41(5) if that applies).

4

For the purposes of paragraphs (2) and (3), the appropriate proportion is calculated in accordance with such method as the Scheme actuary may determine and specify in guidance given to the Department.

5

In making a determination under paragraph (4), the Scheme actuary must have regard to—

a

the proportion that the total contributions paid bears to the full amount of contributions due under an option under regulation 34 for the whole contribution option period, and

b

the preservation requirements.

F1706

In the case of a 2008 Section Optant, this regulation is subject to regulation 136D.

F291Revaluation of increases bought under options: members’ pensions43

1

Where an option under regulation 34, 36 or 37 has been exercised, the final amount of the increase in a member’s pension immediately before the beginning date for that pension shall be determined in accordance with this regulation.

2

Where the increase in pension is in respect of an option that was exercised less than 2 months before the increase becomes payable, the final amount is calculated in accordance with paragraph (4).

3

Where the increase in pension is in respect of an option that was exercised 2 or more months before the increase in pension becomes payable, the final amount is calculated in accordance with paragraph (5).

4

The calculation referred to in paragraph (2) is as follows—

Step 1 – Calculate the basic amount of the increase in accordance with regulations 40 to 42, to find the Step 1 amount.
Step 2 – Add to the Step 1 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act (Northern Ireland) 1971 on a pension of the same amount as the Step 1 amount when it first falls into payment, to find the Step 2 amount.
Step 3 – Divide the Step 2 amount by the Step 1 amount, to find the Step 3 factor.
Step 4 – Divide the Step 1 amount by the Step 3 factor, to find the final amount referred to in paragraph (1).

5

The calculation referred to in paragraph (3) is as follows—

Step 1 – Calculate the basic amount of the increase in accordance with regulations 40 to 42, to find the Step 1 amount.
Step 2 – Multiply the Step 1 amount by the retail prices index for the second month before the month in which the increase in pension will become payable, to find the Step 2 amount.
Step 3 – Divide the Step 2 amount by the retail prices index for the month in which the option was exercised, to find the Step 3 amount.
Step 4 – Take the greater of the Step 1 amount and Step 3 amount, to find the Step 4 amount.
Step 5 – Add to the Step 4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act (Northern Ireland) 1971 on a pension of the same amount as the Step 4 amount when it first falls into payment, to find the Step 5 amount.
Step 6 – Divide the Step 5 amount by the Step 4 amount, to find the Step 6 factor.
Step 7 – Divide the Step 4 amount by the Step 6 factor, to find the final amount referred to in paragraph (1).

6

A person—

a

who is entitled to a repayment of contributions under this regulation, and

b

whose pensionable service did not cease because the person's employment was terminated at the person's request,

is entitled to interest on the amount of the repayment unless the person's pensionable service ceased because the person's employment was terminated by reason of misconduct or inefficiency.

7

Subject to paragraphs (8) and (9), the interest is calculated on a compound basis at the rate of 2.5% per year, with yearly rests, for the period starting on 1st April after the contributions were paid and ending with the day the member leaves pensionable service.

8

Paragraph (7) does not apply if paragraph (1)(b) applies and the person is entitled to a greater amount of interest under Chapter V of Part IV of the 1993 Act.

9

So far as the contributions were paid under another scheme and were included in a transfer payment to F172this Section of the Scheme—

a

interest for the period before the transfer payment was made is calculated in accordance with the Scheme making the transfer payment (subject to any provision made in any statutory provision applicable to the transfer), and

b

paragraph (7) does not apply as respects that period.

CHAPTER 4MEMBERS' RETIREMENT BENEFITS

Entitlement to pensions

Normal retirement pensions45

1

Subject to paragraph (2), regulation 57 (exceptions to requirement that HSC employment must have ceased) and the following provisions of this Part, the general rule is that a member is entitled to a pension payable for life in respect of any period of pensionable service (“the relevant service”) if the member—

a

has reached the age of 65, and

b

either—

i

has ceased to be employed in HSC employment and has claimed payment of the pension, or

ii

will reach the age of 75 on the next day.

2

A person to whom paragraph (1) applies is not entitled to a pension under this regulation unless—

a

the member is entitled to count at least 2 years of qualifying service in respect of the relevant service, or

b

a transfer value payment has been accepted by the Scheme during the relevant service under Chapter 6 (transfers), otherwise than from an occupational pension scheme,

c

the member is entitled to a pension under this regulation in respect of any previous period of pensionable service, or

d

the member has reached the age of 65.

3

A pension to which a member is entitled under this regulation becomes payable immediately the member becomes entitled to it.

4

The amount of the annual pension payable under this regulation (disregarding any additional pension) is given by the formula—

\frac{RP}{60} \times \frac{LRS}{365}

where—

RP is the member's reckonable pay, and

LRS is the length of the member's relevant service, expressed in days.

5

A claim referred to in paragraph (1)(b)(i) and made in accordance with regulation 125, takes effect from the date the claim is received by the Department.

6

This regulation does not apply to pensions derived from pension credit rights.

F1737

In the case of a 2008 Section Optant, this regulation is subject to regulation 136L.

Pension credit members46

1

The general rule is that a pension credit member is entitled to a pension for life derived from the member's pension credit rights if the member has reached 65 and has claimed payment of the pension.

2

The pension becomes payable—

a

when the pension credit member reaches 65, or

b

10

For the purpose of paragraph (8), the Department may require whatever medical evidence that it considers necessary.

Late payment of pension with actuarial increase47

1

This regulation applies if a member becomes entitled to immediate payment of pension under regulation 45 after reaching the age of 65.

2

So much of the amount of the pension to which the member would otherwise be entitled under that regulation (before any commutation under regulation 58) as is attributable—

a

to the member's pensionable service before that age, and

b

to any contributions paid under regulation 34, 36 or 37 before that age,

is increased.

3

The amount of the increase must be calculated in accordance with guidance and tables provided by the Scheme actuary to the Department for the purposes of this regulation.

4

In preparing that guidance and those tables the Scheme actuary must use such factors as the Scheme actuary considers appropriate, having regard, in particular, to the period after reaching the age of 65 before the member becomes entitled to immediate payment of the pension and the life expectancy of the member.

F1745

In the case of a 2008 Section Optant, this regulation is subject to regulation 136U.

A member shall not be entitled to a pension under this regulation if the Department determines, having taken advice from the Scheme actuary, that the pension, as reduced under paragraph (1), would be insufficient to meet its liability to provide a guaranteed minimum pension.

F1755

In the case of a 2008 Section Optant, this regulation is subject to regulation 136L.

Partial retirement (members aged at least 55)49

1

An active member F66or a non-contributing member may exercise an option under this regulation if—

a

the member has reached the age of 55 and continues to be employed in the employment in which the member is an active member or where the member has more than one such employment, in at least one of those employments,

b

the member would be entitled to a pension for life, by virtue of regulation 45 (1)(b)(i) and not regulation 45 (1)(b)(ii), if the member had—

i

reached the age of 65,

ii

ceased to be so employed, and

iii

claimed payment of the pension,

c

the terms on which the member holds the employment or employments referred to in sub-paragraph (a) change, and

d

as a result the annual rate of the member's pensionable pay is reduced to 90% or less of the amount of the member's pensionable pay during the period of 12 months ending with the option day.

2

If the member was not an active member during the whole of the period of 12 months mentioned in paragraph (1)(d), that paragraph applies as if the member's pensionable pay during that period were—

PP \times \frac{365}{N}

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 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 to less than 90 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

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 F67or 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—

PP \times \frac{365}{N}

where—

PP is the member's pensionable pay for the part of that period during which the member was an active member F67or a non-contributing member , and

N is the number of days in that period on which the member was an active member F67or 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 F68or a non-contributing member of F177this 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.

Application of regulations 49 and 50 where concurrent part-time employments held51

1

This regulation provides for the application of regulations 49 and 50 if a person is an active member F69or a non-contributing member in two or more part-time employments held concurrently on the option day.

2

Those regulations apply in relation to each of the employments as if it were the only employment held by the member on that day, but subject to the following modifications.

3

In regulation 49(1) for sub-paragraph (d) substitute—

d
as a result of that change the sum of the annual rate of the member's pensionable pay in that employment and every other employment held by the member on the option day is reduced to 90% or less of the sum of—
i
the member's pensionable pay in the employment during the period of 12 months ending with the option day, and
ii
the member's pensionable pay during that period in every other employment held by the member on the option day.

4

In regulation 49(2)—

a

after the words “paragraph (1)(d)” insert “ in the employment or any other employment referred to in that paragraph ”, and

b

after the words “that period” insert the words “ in that employment ”.

5

In regulation 50(1) for sub-paragraph (b) substitute—

b
as a result the annual rate of the member's pensionable pay in that employment is increased to more than 90% of the sum of—
i
the member's pensionable pay in the employment during the period of 12 months ending with the option day, and
ii
the member's pensionable pay during that period in every other employment held by the member on the option day.

6

In regulation 50(3)—

a

after the words “paragraph (1)(b)” insert “ in the employment or any other employment referred to in that paragraph ”, and

b

after the words “that period” insert the words “ in that employment ”.

7

For regulation 50(4) substitute—

4
If, in the opinion of the Department, had the terms and conditions of the member's employment or any other such 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)for that employment—
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.

8

Where—

a

a member's pension is abated in accordance with regulation 50(2)(a), in the circumstances described in regulation 50(1)(b), and

b

the member's pensionable pay does not reduce in the manner described in regulation 50(1)(c),

the pension will (in any event) be payable by the Department when the member retires, or partially retires again, from pensionable employment or attains the age of 75 and in doing so the Department shall—

i

have regard to any pensions already paid, including any lump sum paid as a result of the member exercising an option under regulation 58,

ii

take advice of the Scheme actuary.

is not increased by the enhancement period in the circumstances referred to in sub-paragraph (a) if—

i

the member’s pensionable service before and after the break is treated separately under regulation 110, or

ii

the member’s pensionable service in respect of an earlier service credit is treated separately under regulation 136G.

6

In this regulation, subject to paragraph (7), “the enhancement period” means two-thirds of the member's assumed pensionable service.

7

If the member's pensionable service includes any period which, apart from this paragraph would be calculated in accordance with regulation 8 (meaning of “pensionable service”: part-time service), the enhancement period that would apply apart from this paragraph is reduced by multiplying it by the fraction—

\frac{TPSa}{TPSn}

previous training; and

iv

previous practical, professional and vocational experience,

irrespective of whether or not such employment is actually available to the member;

c

such type and period of rehabilitation which it would be reasonable for the member to undergo in respect of his incapacity (irrespective of whether such rehabilitation is undergone) having due regard to the member's—

i

mental capacity; and

ii

physical capacity;

d

such type and period of training which it would be reasonable for the member to undergo in respect of his incapacity (irrespective of whether such training is undergone) having due regard to the member's—

i

mental capacity;

ii

physical capacity;

iii

previous training; and

iv

previous practical, professional and vocational experience; and

e

any other matter which the Department considers appropriate.

16

The factors to be disregarded for paragraph (13) are—

a

the member's personal preference for or against engaging in any particular employment; and

b

the geographical location of the member.

17

For the purpose of this regulation—

“appropriate medical treatment” means such medical treatment as it would be normal to receive in respect of the incapacity, but does not include any treatment that the Department considers—
1. a
  that it would be reasonable for the member to refuse,
2. b
  would provide no benefit to restoring the member's capacity for—
  1. i
    discharging the duties of the member's employment efficiently under paragraph (2)(a), or
  2. ii
    engaging in regular employment of like duration under paragraph (3)(a),
  before the member reaches age 65, or
3. c
  that, through no fault on the part of the member, it is not possible for the member to receive before the member reaches age 65;
F179“permanently” means—
1. a
  the period until age 65; and
2. b
  in the case of a 2008 Section Optant who, before joining this Section of the Scheme, was assessed by a medical adviser as being—
  1. i
    permanently incapable of efficiently discharging their duties for the purposes of regulation 13A(2)(b)(i) of the 1995 Regulations (Ill health pension on early retirement), that Optant shall be deemed to be permanently incapable of discharging the duties of the Optant’s employment efficiently for the purposes of paragraph (2)(a),
  2. ii
    permanently incapable of regular employment of like duration for the purposes of regulation 13A(2)(b)(ii) of the 1995 Regulations, that Optant shall be deemed to be permanently incapable of engaging in regular employment of like duration for the purposes of paragraph (3)(a);
“regular employment of like duration” means—
1. a
  in the case of a non-GP provider, such employment as the Department considers would involve a similar level of engagement to the member's current pensionable service as a non-GP provider; and
2. b
  in all other cases, where prior to retiring from employment that is pensionable the member was employed—
  1. i
    on a whole-time basis, regular employment on a whole-time basis;
  2. ii
    on a part-time basis, regular employment on a part-time basis,
  regard being had to the number of hours, half-days and sessions the member worked in that employment.

F18018

In the case of a 2008 Section Optant, this regulation is subject to regulations 136L and 136N to 136R.

F29219

In the case of a Waiting Period Joiner, this regulation is subject to regulation 136ZA.

becomes entitled to a tier 2 ill-health pension under regulation 52 , which shall be calculated as if paragraph (8) of that regulation included the words “from the date of the Department's determination under regulation 53” after “continued in service”.

F1824

In the case of a 2008 Section Optant, this regulation is subject to regulations 136P and 136Q.

previous practical, professional and vocational experience,

irrespective of whether or not such employment is actually available to the member;

c

i

mental capacity; and

ii

physical capacity;

d

i

mental capacity;

ii

physical capacity;

iii

previous training; and

iv

previous practical, professional and vocational experience;

e

any other matter which the Department considers appropriate.

8

The factors to be disregarded for paragraph (5) are—

a

the member's personal preference for or against engaging in any particular employment; and

b

the geographical location of the member.

9

For the purpose of this regulation—

“appropriate medical treatment” means such medical treatment as it would be normal to receive in respect of the incapacity, but does not include any treatment that the Department considers—
1. a
  that it would be reasonable for the member to refuse,
2. b
  would provide no benefit to restoring the member's capacity for—
  1. i
    discharging the duties of the member's employment efficiently under paragraph (2)(a)(ii), or
  2. ii
    engaging in regular employment of like duration under paragraph (1)(a),
  before the member reaches age 65, or
3. c
  that, through no fault on the part of the member, it is not possible for the member to receive before the member reaches age 65;
“permanently” means the period until age 65; and
“regular employment of like duration” means—
1. a
  in the case of a member who was a non-GP provider, such employment as the Department considers would involve a similar level of engagement to the member's pensionable service as a non-GP provider immediately before that service ceased; and
2. b
  in all other cases, where prior to leaving employment that was pensionable the member was employed—
  1. i
    on a whole-time basis, regular employment on a whole-time basis;
  2. ii
    on a part-time basis, regular employment on a part-time basis,
  regard being had to the number of hours, half-days and sessions the member worked in that employment.

F18310

In the case of a 2008 Section Optant, this regulation is subject to regulation 136L.

Early retirement on termination of employment by employing authority55

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 F71or 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,

c

the member's employing authority certifies that the member—

i

has at least 2 years of continuous employment determined in accordance with any terms and conditions applying to the employment, and

ii

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.

4

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

\frac{RP}{60} \times \frac{LPS}{365}

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 M27, or

b

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

8

This regulation does not apply to practice staff.

F1849

In the case of a 2008 Section Optant, this regulation is subject to regulation 136L.

if it is earlier, at the time of the member's death,

in the opinion of the Department the benefits payable to or in respect of the member would be more valuable if the option and any other options exercised by the member under this regulation were disregarded.

8

The option under this regulation may only be exercised by giving notice in writing to the Department in such form as the Department requires before the end of the period of 3 months beginning with the first day of the later service.

9

In this regulation—

“the earlier service” means—
1. a
  in the case of a change of circumstances within paragraph (2)(a) or (b), the service in the employment that the member has left, and
2. b
  in the case of a change of circumstances within paragraph (2)(c), the service in the employment before the change in the member's duties took effect, and
“the later service” means—
1. a
  in the case of a change of circumstances within paragraph (2)(a) or (b), the service in the employment that the member has begun, and
2. b
  in the case of a change of circumstances within paragraph (2)(c), the service in the employment after the change in the member's duties took effect.

Chapter 8 (abatement).

Options to exchange pension for lump sum

General option to exchange part of pension for lump sum58

F731

A member (other than a pension credit member whose rights under F189this Section of the Scheme are attributable to a disqualifying pension credit for the purpose of paragraph 2 of Schedule 29 to the Finance Act 2004) may opt to exchange part of a pension to which the member would otherwise be entitled for a lump sum.

2

If a member so opts, for every £1 by which the member's annual amount of a pension is reduced, the member is to be paid a lump sum of £12.

3

An option under paragraph (1) must relate to an annual amount of pension that is a whole number of pounds (and accordingly the lump sum will be exactly divisible by 12).

4

In paragraphs (2) and (3) “annual amount”, in relation to a pension, means the amount of the annual pension to which the member would be entitled under this Chapter apart from the option, together with any increases payable under the Pensions (Increase) Act (Northern Ireland) 1971, calculated as at the time payment would first be due.

5

A member may not exchange pension for lump sum under this regulation to the extent that it would result in a scheme chargeable payment for the purposes of Part 4 of the Finance Act 2004 (see, in particular, section 241 of, and paragraph 1 of Schedule 29 to, that Act).

6

If the member has a guaranteed minimum under section 10 of the 1993 Act in relation to the whole or part of a pension, paragraph (1) only applies to so much of the pension as exceeds that guaranteed minimum, multiplied by such factor as is indicated for a person of the member's description in tables provided by the Scheme actuary.

7

The option under this regulation may only be exercised by giving notice in writing to the Department in such form as it requires—

a

at the time of claiming the pension, or

b

before such later time as the Department specifies in writing.

F74This is subject to paragraphs (8) and (9).

F758

If the pension is an ill-health pension under regulation 52, the option under this regulation may only be exercised by giving notice in writing to the Department in such form as it requires—

a

where the member is awarded—

i

a tier 1 pension under paragraph (2) of that regulation, at the time of claiming that tier 1 pension,

ii

a tier 2 pension under paragraph (3) of that regulation, at the time of claiming that tier 2 pension; or

b

before such later time as the Department specifies in writing.

9

If the pension is a tier 2 ill-health pension under regulation 53, in substitution for a tier 1 ill-health pension under regulation 52, the option under this regulation may only be exercised—

a

in relation to the difference between the tier 1 pension that ceases to be payable in accordance with paragraph (3) of regulation 53 and the tier 2 pension to which the member becomes entitled under that paragraph; and

b

by giving notice in writing to the Department in such form as it requires—

i

at the time of award of the tier 2 pension under that paragraph, or

ii

before such later time as the Department specifies in writing.

F18810

In the case of a 2008 Section Optant, this regulation is subject to paragraph (4) of regulation 136H and regulation 136L.

7

The annual pension that is allocated must be an exact number of pounds.

8

If a member—

a

elects to allocate a part of the member's pension under paragraph (1) after reaching the age of 65 and whilst in pensionable service, and

b

dies before the pension becomes payable,

for the purposes of paragraphs (5) to (7) the member is treated as entitled to the relevant pension to which the member would have been entitled if the member had become entitled to the pension immediately before death.

9

References in this regulation to the member's relevant pension, in relation to any pension, are references to so much of the pension as would be payable if the member had exercised the option under regulation 58 so as to obtain the maximum lump sum possible.

Procedure for election under regulation 6263

1

An election under regulation 62 in respect of a member's pension must be made—

a

at the time when the member claims the pension or, if the member does not become entitled to the pension at that time, when the member does become so entitled, or

b

if the member is in pensionable service after reaching the age of 65, at any time after reaching that age and before reaching the age of 75.

2

The election must be made by giving notice in writing to the Department.

3

The notice must be in such form and contain such information as the Department requires.

4

Subject to paragraphs (6) and (7), an election under regulation 62 takes effect once it has been accepted by the Department.

5

The election may not be withdrawn, amended or revoked after it has taken effect.

6

The election does not take effect if—

a

the member or the person in whose favour the election was made (“the beneficiary”) dies on or before the day on which the Department accepts it, or

b

the Department is not satisfied that at the time when the election is made the member is in good health.

7

The election is treated as not having taken effect if the beneficiary dies before the member is notified in writing that the Department has accepted the election.

Effect of allocation64

b

the weekly rate of the pensions payable would be less than the guaranteed minimum,

a pension at a weekly rate equal to the guaranteed minimum is payable to the member for life from the date on which the member reaches State pension age or, as the case may be, pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable.

3

If, subject to paragraph (4)—

a

on reaching State pension age the member is still in employment (whether or not it is scheme employment), and

b

10

In this regulation—

a

“scheme employment”, in relation to a member, means employment in the employment by virtue of which the member is eligible for membership of F198this Section of the Scheme, and

b

references to the amount of a pension are to its amount—

i

disregarding any additional pension,

ii

after the subtraction of any amount exchanged under regulation 58 (general option to exchange part of pension for lump sum), and

iii

before the subtraction of any amount allocated under regulation 62 (election to allocate pension).

CHAPTER 5DEATH BENEFTS

Pensions for surviving adults

Surviving adult dependants' pensions67

1

If an active memberF83, a non-contributing member , a deferred member or a pensioner member dies leaving a surviving adult dependant, the surviving adult dependant is entitled to a pension that is payable for life at the rate payable under regulations 69 to 73 and, in any case where that pension includes additional pension, regulations 40(4) and 42(3).

2

In this Part “surviving adult dependant”, in relation to a deceased member or former member, means the member's or former member's surviving spouse, civil partner or nominated partner.

Meaning of “surviving nominated partner”68

1

A person is a surviving nominated partner in relation to a member for the purposes of this Part if—

a

the person and the member jointly made and signed a declaration in such form as the Department requires that remains effective at the member's death, and

b

the person satisfies the Department that for a continuous period of 2 years ending with the member's death—

i

the person and the member were living together in an exclusive relationship as if they were husband and wife or civil partners,

ii

the person and the member were not prevented from marrying or forming a civil partnership, and

iii

the person was financially dependent on the member or the person and the member were financially interdependent.

2

A declaration for the purposes of paragraph (1)(a) ceases to have effect if—

a

it is revoked by the member or other person by a signed notice in writing to the Department in such form as the Department may require or is willing to accept,

b

the member makes a further declaration for the purpose of paragraph (1)(a), or

c

the person or the member marries or forms a civil partnership.

F1993

In the case of a 2008 Section Optant, this regulation is subject to regulation 136T.

F2934

In the case of a Waiting Period Joiner, this regulation is subject to regulation 136Z.

Amount of pensions under regulation 67: active F54and non-contributing members69

F841

In the case of an active member or a non-contributing member, for the period of 6 months beginning with the day after the member’s death (“the initial period”) the rate of the pension payable under regulation 67 (if that amount is greater than the amount of the pension payable to the surviving adult under this Chapter apart from this paragraph), is equal to—

a

in the case of a deceased active member, the rate of the member’s pensionable pay at the time of death;

b

in the case of a deceased non-contributing member, the rate of the deceased’s reckonable pay.

2

Subject to paragraph (3), after the initial period, if the member dies with 2 or more years of qualifying service, the annual amount of the pension payable under regulation 67—

a

if the member has not reached the age of 65, is equal to 37.5% of the tier 2 ill-health pension under regulation 52 to which the member would have been entitled if on the date of death the member had become entitled to such a pension, and

b

if the member has reached the age of 65, is equal to 37.5% of the pension under regulation 45 (normal retirement pensions) to which the member would have been entitled if on the date of death the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count.

F200Sub-paragraph (b) is subject to paragraph (7).

3

After the initial period, if the member dies with less than 2 years of qualifying service but after reaching the age of 65, the annual amount of the pension payable under regulation 67 is equal to 37.5% of the pension to which the member would have been entitled (disregarding any additional pension) if on the date of death the member had become entitled to a pension under regulation 45 (normal retirement pensions) in respect of any period of pensionable service that the member is entitled to count.

F201This is subject to paragraph (7).

4

After the initial period, if—

a

the member dies with less than 2 year's qualifying service and before reaching the age of 65, and

b

the surviving adult has a guaranteed minimum under section 13 of the 1993 Act in relation to benefits in respect of the deceased member under F203this Section of the Scheme,

the annual amount of the pension payable under regulation 67 is equal to that guaranteed minimum, unless paragraph (5) applies.

5

This paragraph applies if the Department's liability to provide a guaranteed minimum pension in respect of the surviving adult is discharged by the payment of a contributions equivalent premium under section 51(2) of the 1993 Act.

6

This regulation is subject to regulation 73 (re-employed pensioners).

F2027

For the purposes of paragraphs (2)(b) and (3) any increase under—

a

regulation 47; or

b

regulation 136U,

is ignored.

Amount of pensions under regulation 67: pensioner members70

1

In the case of a pensioner member, for the initial period the rate of the pension payable under regulation 67 is equal to the rate of the member's pension in payment at the time of death if that amount is greater than the sum of—

a

the amount of the pension payable to the surviving adult dependant under this Chapter apart from this paragraph, and

b

the amount of the children's pensions otherwise payable under this Part.

2

At any time when the rate is not the rate mentioned in paragraph (1), the rate of the surviving adult dependant's pension in the case of the death of a pensioner member is equal to 37.5% of the pension to which the member was entitled on the date of death (disregarding any additional pension).

F2043

For the purposes of paragraph (1) any reduction in the rate of the member’s pension under—

a

Chapter 8 of this Part;

b

regulation 58; or

c

regulation 136L,

is ignored.

3A

For the purpose of paragraph (2)—

a

any reduction in the rate of the member’s pension under—

i

regulation 48,

ii

regulation 58, or

iii

regulation 136L; and

b

any increase in the rate of the member’s pension under—

i

regulation 47, or

ii

regulation 136U,

is ignored.

4

In this regulation “the initial period” means—

a

if the member leaves one or more dependent children who are dependant on the surviving adult dependant, the period of 6 months beginning with the day after the member's death, and

b

otherwise the period of 3 months beginning with that day.

5

For the purposes of paragraph (4) a child born after the member's death is treated as having been born before it.

6

If a member who has had a tier 2 ill-health retirement pension under regulation 52 replaced by a tier 1 ill-health retirement pension (by virtue of regulation 112(2))—

a

is in further HSC employment and dies before the end of the initial period (within the meaning of regulation 112(6)(c) and in accordance with regulation 112(2)), or

b

is in further employment that is not HSC employment and dies within a period of one year beginning with the day on which that further employment ceased to be an “excluded employment” (within the meaning of regulation 112(6)(a)),

the member's pension referred to in paragraph (1) means that member's original tier 2 ill-health pension.

7

This regulation is subject to regulation 73 (re-employed pensioners: adult survivor pensions in initial period).

F2058

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of pensions under regulation 67: deferred members71

1

In the case of a deferred member—

a

who left pensionable service less than 12 months before the date of death, and

b

whose surviving adult dependant would have been the member's surviving adult dependant if the member had died on the member's last day of pensionable service,

the rate of the pension payable under regulation 67 is equal to 37.5% of the tier 2 ill-health pension under regulation 52 to which the member would have been entitled if on the date the member's pensionable service ceased the member had become entitled to such a pension under regulation 52 (but disregarding any additional pension).

2

In the case of any other deferred member whose surviving adult dependant would have been the member's surviving adult dependant if the member had died on the member's last day of pensionable service, the rate of the pension payable under regulation 67 is equal to 37.5% of the pension under regulation 45(normal retirement pensions) in respect of any period of pensionable service to which the member would have been entitled if on the date of death the member had become entitled to such a pension.

Recent leavers72

1

If—

a

a recent leaver dies leaving a surviving spouse or civil partner who has a guaranteed minimum under section 13 of the 1993 Act in relation to benefits in respect of the recent leaver under F206this Section of the Scheme, and

b

the member has died before reaching the age of 65,

the surviving spouse or civil partner is entitled to a pension that is payable for life of an amount equal to that person's guaranteed minimum pension (disregarding any additional pension), unless paragraph (2) applies.

2

3

In this Part “recent leaver” means a person—

a

who left pensionable service less than 12 months before the date of death,

b

who is not a deferred member or a pensioner member because of rights resulting from that employment, and

c

in respect of whom no transfer value or refund of contributions has been paid in respect of that employment.

Re-employed pensioners: adult survivor pensions in initial period73

1

This regulation applies if, apart from this regulation, both regulations 69(1) and 70(1) would apply on the death of a member.

2

Where this regulation applies, the rate of pension payable by virtue of regulations 69(1) and 70(1) during the initial period (as defined in the respective regulations) shall instead be the rate provided in paragraph (3).

3

Subject to paragraph (4), for the relevant initial period the rate of the pension payable under regulation 67 is equal to the sum of—

F85a

in the case of—

i

a deceased active member, the rate of the deceased’s pensionable pay at the time of death, or

ii

a deceased non-contributing member, the rate of the deceased’s reckonable pay on the deceased’s last day of pensionable service; and

F207b

the rate of the deceased member’s pension payable at the time of death after taking account of any reduction in the rate of pension under—

i

Chapter 8 of this Part,

ii

regulation 58, and

iii

regulation 136L.

4

Paragraph (3)(a) does not apply if—

a

the rate of the pension payable to the surviving adult in respect of later service, and

b

any children's pension that would otherwise be payable in respect of later service under this Part,

would be greater.

Pensions for dependent children

Surviving children's pensions74

1

If a member or a recent leaver dies leaving one or more dependent children, a pension is payable in respect of them.

2

This is subject to paragraphs (7) to (9).

3

If a dependent child ceases to be a dependent child after the date of death, the pension ceases to be payable in respect of that child.

4

If a dependent child is born after the date of death, the same pension is payable in respect of the child as if the child had been born on the date of death.

5

If a member or a recent leaver dies leaving two or more dependent children, they are entitled to such shares of the pension as the Department may from time to time decide.

6

An amount payable under this regulation in respect of a dependent child is payable to the dependent child or, if the Department so decides, to another person for the dependent child's benefit.

7

No pension is payable in respect of any dependant children who on the deceased's death are dependant on an adult who is entitled to a surviving adult's pension whilst that pension is payable at the rate mentioned in regulation 70(1) or 73(3)(b), except so much of that pension as is additional pension.

8

If a dependent child is incapable of earning a living because of physical or mental infirmity for any period and the child is maintained out of money provided by Parliament in a hospital or other institution for a period exceeding one month, no pension is payable in respect of the child for any part of that period after the first month.

9

If, apart from this paragraph, a pension would be payable in respect of any person as a dependent child of three or more persons who were deceased members or recent leavers—

a

a pension is only payable in respect of two of them, and

b

the amount payable is equal to the sum of the two highest pensions.

10

For the rate at which the pension referred to in paragraph (1) is payable, see regulations 76 to 81 and, in any case where that pension includes additional pension, regulations 40(4) and 42(3).

a brother or sister, or a child of a brother or sister, of the member or the member's spouse or civil partner or nominated partner,

f

a half-brother or half-sister, or a child of a half-brother or half-sister, of the member or the member's spouse or civil partner or nominated partner,

g

a person whom, in the opinion of the Scheme administrator, the deceased intended when the deceased ceased to be an active member to adopt, or

h

a person who had been dependent on the deceased for 2 years or (if less) half the person's life when the deceased ceased to be an active member.

Amount of children's pension under regulation 74: deceased active members F55and deceased non-contributing members76

1

This regulation applies for determining the annual amount of the pension payable under regulation 74(1) (surviving children's pensions) if at the date of death the deceased was an active F86,or a non-contributing member of F208this Section of the Scheme who was not also a pensioner member.

2

Subject to paragraphs (6) and (7), that amount is the appropriate fraction of the basic death pension.

3

In this regulation “the basic death pension” means—

0.75 \times \frac{RP}{60} \times \frac{LRS}{365}

where—

RP is the deceased's reckonable pay, and

LRS is the length of the deceased's relevant service, expressed in days.

F874

For this purpose “relevant service” means—

a

in the case of an active member, the greater of—

i

the pensionable service the deceased was entitled to count on the date of death, increased by the enhancement period (if any) that would have applied for the purposes of regulation 52(5) if the deceased had become entitled to a tier 2 ill-health pension on the date of death, and

ii

10 years' pensionable service;

b

a

a surviving adult dependant's pension is payable under regulation 67, and

b

there is a dependent child who is not dependent on the person entitled to that pension,

the rate of the pension payable in respect of that child for the first 3 months after the deceased's death is F88equal to—

i
in the case of a deceased active member, the rate of the deceased’s pensionable pay at the date of death, and
ii
in the case of a deceased non-contributing member, the rate of the deceased’s reckonable pay.

7

In a case within F25paragraph (5)(b) or (c) , the rate of the pension in respect of the dependant child or children for the period of 6 months beginning with the deceased's death is F89equal to—

i
in the case of a deceased active member, the rate of the deceased’s pensionable pay at the date of death, and
ii
in the case of a deceased non-contributing member, the rate of the deceased’s reckonable pay.

Amount of children's pension under regulation 74: deceased pensioner members77

1

This regulation applies for determining the annual amount of the pension payable under regulation 74(1) (surviving children's pensions) if at the date of death the deceased was a pensioner member of F210this Section of the Scheme who was not also an active member F90or a non-contributing member .

2

Subject to paragraphs (5), (6) and (7) that amount is the appropriate fraction of the basic death pension.

3

In this regulation “the basic death pension” means the greater of—

a

75% of the deceased's annual pension (disregarding any additional pension), and

b

75% of the annual pension to which the deceased would have been entitled if the deceased had been entitled to count 10 years' pensionable service (disregarding any additional pension).

F211In the case of a 2008 Section Optant, this is subject to regulation 136X F295and in the case of a Waiting Period Joiner, this is subject to regulation 136ZC.

4

In this regulation “the appropriate fraction” means—

If—

a

a surviving adult dependant's pension is payable under regulation 67, and

b

there is a dependent child who is not dependent on the person entitled to that pension,

the rate of the pension in respect of that child for the first 3 months after the deceased's death is equal to the rate of the member's pension at the date of death (disregarding any additional pension).

6

In a case within paragraph (4)(b) or (c), the rate of the pension in respect of the dependent child or children for the period of 6 months beginning with the deceased's death is equal to the rate of the member's pension at the date of death (disregarding any reduction made under Chapter 8 (abatement) and any additional pension).

7

If the deceased member's pension was payable under regulation 48 (early payment of pensions with actuarial reduction), the reference in paragraph (3) (a) and (b) to the member's pension is a reference to the amount that the member's pension would have been if it had been calculated without the reduction mentioned in paragraph (2)(b) of that regulation.

F2128

For the purposes of paragraphs (1) and (2), any reduction in the member’s pension under regulation 58 and regulation 136L will be ignored.

Amount of children's pension under regulation 74: deceased deferred members78

1

This regulation applies for determining the annual amount of the pension payable under regulation 74(1) (surviving children's pensions) if at the date of death the deceased was a deferred member of F214this Section of the Scheme who was not also an active member F91or a non-contributing member or a pensioner member.

2

That amount is the appropriate fraction of the basic death pension.

3

In this regulation “the basic death pension”—

a

if the deceased died within 12 months after ceasing to be an active member F92or a non-contributing member , means the amount that would be the basic death pension for the purposes of regulation 76 if the deceased had died on the day of so ceasing (disregarding any additional pension), and

b

otherwise, means the greater of—

i

75% of the pension to which the deceased would have been entitled if the deceased had become entitled to a pension under regulation 45 on the date of death (disregarding any additional pension), and

ii

75% of the pension to which the deceased would have been entitled if the deceased had become so entitled and the pension had been calculated on the assumption that the member was entitled to 10 years' pensionable service (disregarding any additional pension).

F213In the case of a 2008 Section Optant, this is subject to regulation 136X F296and in the case of a Waiting Period Joiner, this is subject to regulation 136ZC.

4

In this regulation “the appropriate fraction” means—

a

if there is a surviving parent of the dependent child or children or a surviving spouse or civil partner of a parent of the dependent child or children and a surviving adult's pension is payable—

i

one-quarter if there is only one dependent child, and

ii

one-half if there are two or more dependent children,

b

otherwise—

i

one-third if there is only one dependent child, and

ii

two-thirds if there are two or more dependent children.

Amount of children's pension under regulation 74: recent leavers79

1

This regulation applies for determining the annual amount of the pension payable under regulation 74(1) (surviving children's pensions) if at the date of death the deceased was a recent leaver (within the meaning of regulation 72(3).

2

That amount is the appropriate fraction of the basic death pension.

3

In this regulation—

F93a

“the basic death pension” means 75% of the pension to which the deceased would have been entitled if the deceased had become entitled to—

i

a pension under regulation 74(5) on the date of death, or

ii

if greater, the amount that the member’s pension would have been if it had been based on 10 years' pensionable service (disregarding any additional pension), and

b

“the appropriate fraction” means—

i

if there is a surviving parent of the dependant child or children or a surviving spouse or civil partner of a parent of the dependant child or children and a surviving adult's pension is payable—

aa

one-quarter if there is only one dependant child, and

bb

one-half if there are two or more dependant children,

ii

otherwise—

aa

one-third if there is only one dependant child, and

bb

two-thirds if there are two or more dependant children.

Power to increase pension in respect of children not maintained by surviving parent etc80

1

This regulation applies if—

a

a member dies leaving a dependent child or children,

b

there is a surviving parent of the dependent child or children or a surviving spouse or civil partner of a parent of the dependent child or children, and

c

the dependent child or children are not being maintained by that surviving parent, spouse or partner.

2

The Department may increase the amount of the pension that would otherwise be payable under this Chapter in respect of the dependant child or children.

3

The increased amount may not exceed the amount that would have been payable under this Chapter if there had been no such surviving parent or spouse or partner of a parent.

the pension service,

would be less than 10 years' pensionable service, the deceased's relevant service for the purposes of that calculation is increased by the length of the shortfall.

Lump sum death benefits

Lump sum benefits on death: introduction82

1

If a member or a recent leaver or a deferred member dies before reaching the age of 75, a lump sum is payable in accordance with this Chapter.

2

Paragraph (1) is subject to the following provisions of this Chapter.

3

This regulation does not apply if—

a

the member is—

i

a pensioner member, or

ii

a pension credit member who dies after any benefits attributable to the pension credit have become payable, and

b

the death takes place more than five years after the member's pension becomes payable.

Amount of lump sum: single capacity members and recent leavers (disregarding regulation 49 employments)83

1

The lump sum payable on the death of an active member F98or a non-contributing member , who is not also a deferred member or a pensioner member, is an amount equal to twice the member's reckonable pay.

F216In the case of a 2008 Section Optant, this is subject to regulation 136W F297and in the case of a Waiting Period Joiner, this is subject to regulation 136ZB.

2

The lump sum payable on the death of a pensioner member, who is not also an active member F99or a non-contributing member or a deferred member, is, in respect of each pension to which the member is entitled, the lesser of—

a

an amount equal to five times the annual rate of the pension (other than any additional pension), less the amount of the pension payments already made to the member, and

F217b

an amount equal to twice the member’s reckonable pay by reference to which the pension was calculated, less the aggregate of—

i

any lump sum paid to the member when the pension came into payment as a result of the member exercising the option under regulation 58, and

ii

in the case of a 2008 Section Optant, the lump sum paid to the Optant under regulation 136L.

F99This is subject to regulations 86A and 87.

3

The lump sum payable on the death of a deferred member, who F100was not an active member or non-contributing member or a pensioner member, is an amount equal to the member's deferred annual pension, multiplied by 2.25.

4

five times the annual rate of pension—

i

payable under regulation 52(5) (tier 2 ill-health pension), if the deceased had not reached the age of 65,

ii

payable under regulation 45 (normal retirement pensions), if the deceased had reached the age of 65,

to which the member would have been entitled—

aa

in the case of a deceased active member, at the member’s date of death, or

bb

in the case of a deceased non-contributing member, on the last day of the member’s pensionable service; and

b

in respect of each pension to which the person has been entitled for less than 5 years, the lesser of—

i

five times the annual rate of the pension payable after exercising any option under regulation 58 (general option to exchange part of pension for lump sum), less the amount of the pension payments already made to the member, and

ii

an amount equal to twice the member's reckonable pay by reference to which the pension was calculated, less any lump sum paid to the member when the pension came into payment as a result of the member exercising the option under regulation 58 (general option to exchange part of pension for lump sum).

F219This is subject to paragraph (4).

3

If the pensioner member exercised the option under regulation 62, the reference in paragraph (2)(b) to the amount of the pension payments already made to the member is a reference to the amount of the pension payments that would have been made apart from the election.

F2204

In the case of a 2008 Section Optant—

a

the reference to the annual rate of pension in paragraph (2)(b)(i) is to the annual rate of pension after it has been reduced to take account of the lump sum paid to the Optant under regulation 136L; and

b

the amount of the Optant’s reckonable pay for the purposes of paragraph (2)(b)(ii) shall be reduced by the aggregate of—

i

the amount of the lump sum paid to the Optant under regulation 136L, and

ii

the lump sum under regulation 58 referred to in paragraph (2)(b)(ii).

Amount of lump sum: dual capacity members: members with pensions under regulation 4985

1

Paragraph (2) applies for determining the lump sum payable by virtue of this regulation on the death of a member who—

a

F104was an active member or a non-contributing member in service in an employment in respect of which the member has exercised the option under regulation 49 (partial retirement: members aged at least 55), and

b

F105was a pensioner member by virtue of being entitled to a pension under that regulation.

2

The lump sum is an amount equal to the sum of—

a

twice the appropriate fraction of the member's F106reckonable pay in that employment at the date of death, and

b

if the member had been entitled to any pensions under regulation 49 for less than 5 years, the lesser of—

i

the total of the guarantee amounts for each of those pensions (see paragraph (3)), and

ii

the aggregate lump sum cap (see paragraph (4)).

F221In the case of a 2008 Section Optant, this is subject to regulation 136W.

3

The guarantee amount for a pension under regulation 49 is five times the annual rate of the pension at the date of death, less the amount of the pension payments already made to the member in respect of the pension.

F2224

The aggregate lump sum cap is equal to twice the appropriate fraction of the reckonable pay by reference to which the pension to which the member became entitled on last exercising the option under regulation 49 was calculated, less the total of any lump sums paid to the member—

a

in exchange for pensions under regulation 49 as a result of the member exercising the option under regulation 58; and

b

in the case of a 2008 Section Optant, the lump sum paid to that Optant under regulation 136L.

5

In this regulation “the appropriate fraction” means—

\frac{DPS}{TDPS}

where—

DPS is, where the member continues in pensionable service as an active member F107or a non-contributing member on the option day (or the last such option day if the option has been exercised more than once), the total number of days which do not form part of the specified percentage of pensionable service at the option day, and

TDPS is the aggregate of DPS and the total number of days of pensionable service (at the option day or the last such option day if the option has been exercised more than once) which forms part of the specified percentage of pensionable service.

Amount of lump sum: pension credit members86

1

The lump sum payable on the death of a pension credit member who dies before any benefits derived from the member's pension credit have become payable is an amount equal to the amount of the annual pension to which the member would have become entitled under regulation 46 if the member had reached the age of 65 on the date of death, multiplied by 2.25.

2

The lump sum payable on the death of a pension credit member who dies after a pension under that regulation has become payable is equal to the lower of—

a

the annual amount of the pension that would have been payable to the member during so much of the period of five years beginning with the date on which the pension became payable as falls after the date of death, and

b

2 RP - CLS,

where—

RP is the amount as at the valuation day of the reckonable pay of the debit member from whose rights the pension credit member's pension credit is derived, and

CLS is the amount of the lump sum (if any) paid to the pension credit member as a result of the member exercising the option under regulation 58 (general option to exchange part of pension for lump sum) on becoming entitled to the pension under regulation 46.

3

For the purposes of paragraph (2) the annual amount of the pension is taken to be the sum of—

a

the annual amount of the pension as at the beginning date for that pension, and

b

the increase (if any) in that annual amount under the Pensions (Increase) Act (Northern Ireland) 1971 payable as at the date of death.

4

In this regulation—

“valuation day” means the day referred to in Article 26(7) of the 1999 Order, and
“the beginning date”, in relation to a pension, has the meaning given by section 8(2A) of the Pensions (Increase) Act (Northern Ireland) 1971.

F2Pension payable when member dies on or after reaching age 7586A

1

If a pensioner member or a pension credit member dies—

a

on or after reaching age 75; and

b

before the fifth anniversary of the date on which the member’s pension became payable,

an annual pension, calculated in accordance with paragraph (2), may be payable from the day following the date of the member’s death until the anniversary referred to in sub-paragraph (b).

2

The pension payable under paragraph (1) is determined by—

a

calculating the amount of the lump sum that would have been payable in respect of the pensioner member or pension credit member under regulation 83(2) or, as the case may be, 86 as if on the day the member died the member had not reached the age of 75; and

b

converting any amount determined in sub-paragraph (a) to an annual pension payable for the period specified in paragraph (1), by reference to guidance and tables provided by the Scheme actuary for the purpose.

3

The “beginning date” of the pension calculated in paragraph (2) will, for the purposes of the Pensions (Increase) Act (Northern Ireland) 1971, be the day immediately following the date of death of the pensioner member or pension credit member.

4

The pension calculated under this regulation will be payable in accordance with regulation 87.

Payment of lump sums F1or pensions on death87

1

A lump sum payable under regulation 82 F26or a pension payable under regulation 86A must be paid in accordance with this regulation.

2

The lump sum F27or pension must be paid to the member's personal representatives, except so far as it is payable to a different person F28or body under paragraph (4), (6) or (10) .

If the member—

a

leaves a surviving adult dependant, and

b

to whom the benefit of the pension under regulation 86A from the date of receipt of the notice by the Department is to be assigned; and

b

where two or more individuals are specified, specifying the percentage of the pension payable to each of them,

and the pension (or, as the case may be, the percentage of it specified in respect of the person) may be paid to the person or body, unless paragraph (11) applies.

11

This paragraph applies if—

a

the person specified in the notice has died before the payment can be made;

b

payment to that person is not, in the opinion of the Department, reasonably practicable; or

c

the person to whom the pension (or a specified percentage of the pension) would otherwise be payable has been convicted of an offence specified in regulation 130 (4) (Forfeiture of rights to benefit) and the Department has directed, as a consequence of that conviction, that the person’s right to a payment in respect of the member’s death is forfeited.

12

The prohibition on assignment of benefits in regulation 135 (Prohibition on assignment or charging of benefits) shall not apply to an assignment by personal representatives under this regulation.

F22313

In the case of a 2008 Section Optant, this regulation is subject to regulation 136T.

F29814

In the case of a Waiting Period Joiner, this regulation is subject to regulation 136Z.

Tax treatment under the Finance Act 2004 of lump sums payable on pensioners' deaths88

1

A pensioner's lump sum (less any amount deducted under paragraph (4) where that applies) is treated for the purposes of the Finance Act 2004 as a pension protection lump sum death benefit if the member has given the Scheme administrator a statement in writing that any such lump sum is to be treated as such a benefit.

2

In this regulation “pensioner's lump sum” means—

a

a lump sum payable under regulation 82 to which regulation 83(2) applies, or

b

so much of a lump sum payable under regulation 82 as is calculated under regulation 84(2).

3

Paragraph (4) applies if the person who is the Scheme administrator for the purposes of section 206 of the Finance Act 2004 (“the administrator”) is liable for tax under that section in respect of a pension protection lump sum death benefit.

4

The administrator may deduct from the lump sum the tax payable in respect of it.

Miscellaneous and general provisions

Death during period of absence89

1

This regulation applies if a person dies during a period when the person is absent from work because of—

a

illness or injury,

b

ordinary maternity leave,

c

ordinary adoption leave,

d

paternity leave or parental leave,

and the earnings used to calculate the person's pensionable pay have ceased to be paid before the person's death.

2

Any benefits payable under this Chapter must be calculated as if the person had died in pensionable service on the day before those earnings ceased.

Polygamous marriages90

1

This regulation applies if—

a

a member dies without leaving a surviving adult dependant, and

b

at the date of death the member was married to one or more persons under a law which permits polygamy.

2

If, had the member left a surviving adult dependant, any benefit would have been payable to the surviving adult dependant as such, that benefit is payable—

a

if there is one such person, to that person, or

b

if there are two or more such persons, to those persons in equal shares.

3

Such a person's share of a pension will not be increased on the death of any such person.

If a person who is a pension credit member is entitled to two or more pension credits—

a

benefits are payable in respect of the person under this Chapter as if the person were two or more persons, each being entitled to one of the pension credits (so that two or more pensions or lump sums are payable in respect of the one pension credit member), and

b

the amounts of those benefits are determined accordingly.

Guaranteed minimum pensions for surviving spouses and civil partners92

1

If a person who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member has a guaranteed minimum under section 13 of the 1993 Act in relation to benefits in respect of the deceased member under F226this Section of the Scheme—

a

nothing in this Part permits or requires anything that would cause requirements made by or under that Act in relation to such a person and such a person's rights under a scheme not to be met in the case of the person,

a member to whom Chapter IV of that Part applies (see section 89(1)(a) of that Act) is entitled to require the payment of a transfer value in respect of the rights to benefit that have accrued to or in respect of the member under F227this Section of the Scheme, and

b

a member to whom Chapter V of that Part applies (see section 97AA(1) of that Act) is entitled to a cash transfer sum or a contribution refund in accordance with that Chapter.

4

Subject to paragraph (5) and the other provisions of this Chapter, any other member is entitled to require such a payment as if such rights had accrued to or in respect of him by reference to the pensionable service the member is entitled to count under F228this Section of the Scheme (and references in this Chapter to the member's accrued rights or benefits are to be read accordingly).

5

Paragraph (4) does not—

a

give any rights to an active member,

b

give any rights to a pensioner member in respect of the pension to which the member has become entitled, or

c

give any rights to a pension credit member in respect of rights that are directly attributable to a pension credit.

Applications for statements of entitlement94

1

A member who requires a transfer value payment to be made must apply in writing to the Department for a statement of the amount of the cash equivalent of the member's accrued benefits under F229this Section of the Scheme at the guarantee date (“a statement of entitlement”).

2

In this Part, “the guarantee date” means any date that—

a

falls within the required period,

b

is chosen by the Department,

c

is specified in the statement of entitlement, and

d

is within the period of 10 days ending with the date on which the member is provided with the statement of entitlement.

3

In counting the period of 10 days referred to in sub-paragraph (d), Saturdays, Sundays, Christmas Day, New Year's Day and Good Friday are excluded.

4

In paragraph (2) “the required period” means—

a

the period of 3 months beginning with the date of the member's application for a statement of entitlement, or

b

such longer period beginning with that date (but not exceeding six months) as may reasonably be required if, for reasons beyond the control of the Department, the requisite information cannot be obtained to calculate the amount of the cash equivalent.

5

The member may withdraw the application for a statement of entitlement by notice in writing at any time before the statement is provided.

Applications for transfer value payments: general95

1

A member who has applied for and received a statement of entitlement under regulation 94 may apply in writing to the Department for a transfer value payment to be made.

2

On making such an application a member becomes entitled to a payment of an amount equal, or amounts equal in aggregate, to the amount specified in the statement of entitlement (or such other amount as may be payable by virtue of regulation 96(2)).

3

In this Part such a payment is referred to as “the guaranteed cash equivalent transfer value payment”.

4

The application must specify the pension scheme or other arrangement to which the payment or payments should be applied.

5

The application must meet such other conditions as the Department may require.

6

An application under this regulation may be withdrawn by notice in writing to the Department, unless an agreement for the application of the whole or part of the guaranteed cash equivalent transfer value payment has been entered into with a third party before the notice is given.

the end of the period of 12 months beginning with the day on which the applicant became a member of that scheme, or

bb

if the applicant became a member of that scheme on or before the leaving date, the end of the period of 12 months beginning with the day after the leaving date;

b

in any other case, an application under paragraph (1) may only be made before the end of the period of 12 months beginning with the day after the leaving date.

Ways in which transfer value payments may be applied97

1

A member may only require the Department to apply the guaranteed cash equivalent transfer value payment in one or more of the ways permitted under section 91 of the 1993 Act.

in the case of a person other than a 2008 Section Optant, the sum of—

i

any transfer value payments that have been made to this Section of the Scheme in respect of the person as a result of which the person is entitled to count any pensionable service under this Section of the Scheme by reference to which the accrued rights subject to the transfer are calculated, and

ii

any contributions paid by the person under Chapter 3 of this Part as a result of which the person is entitled to count such service;

b

in the case of a 2008 Section Optant, the sum of—

i

ii

any contributions paid by the person under Chapter 3 of this Part as a result of which the person is entitled to count such service, and

iii

the aggregate of any—

aa

transfer value payments that have been made to the 1995 Section in respect of the Optant;

bb

any contributions paid by the Optant under regulation 10 of the 1995 Regulations (Contributions by members) in respect of superannuable employment in that Section on or before 31st March 2008; and

cc

any payments made by the Optant under regulation 67 of the 1995 Regulations (Right to buy additional service) for the purchase of additional service,

immediately before 6th April 2006 was approved by the Commissioners for Her Majesty's Revenue and Customs by virtue of section 591(2)(h) of the Income and Corporation Taxes Act 1988 M31 (free-standing AVC schemes), and

ii

became a registered scheme for the F39purposes of the Finance Act 2004 by virtue of Schedule 36 to that Act, or

b

a scheme established on or after that date as a registered free-standing AVC scheme.

F2345

In the case of a 2008 Section Optant, this regulation is subject to regulation 136M.

1

If an application is duly made by a member under regulation 100, the Department may accept the transfer value payment if such conditions as it may require are met, unless paragraph (4) applies.

2

If the Department accepts the payment—

a

the member is entitled to count the appropriate period of pensionable service for the purposes of calculating benefits payable to or in respect of the member under F237this Section of the Scheme, but

b

in the case of a member any of whose service falls to be treated as capped transferred-in service, with such period as so falls counting as such service.

3

In paragraph (2)(a) “the appropriate period” means the period calculated in accordance with regulation 103.

F433A

If the Department accepts the payment from the member of a corresponding 1995 scheme, the relevant period of pensionable service shall count when determining whether or not the member has reached 45 years of pensionable service for the purposes of regulations 7 and 8.

3B

In paragraph (3A) “the relevant period” means the period calculated in accordance with regulation 103.

4

For the meaning of “capped transferred-in service”, see regulation 104.

5

The Department may not accept a transfer value payment if—

a

it would be applied in whole or in part in respect of the member's or the member's spouse's entitlement to a guaranteed minimum pension, and

b

it is less than the amount required for that purpose, as calculated in accordance with guidance and tables prepared by the Scheme actuary for the purposes of this paragraph.

6

Paragraph (5) does not apply if the transfer would be paid under the public sector transfer arrangements.

F2387

In the case of a 2008 Section Optant, this regulation is subject to regulation 136M.

the member's contributions to that scheme were contributions to F240this Section of the Scheme.

F457

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2397

In the case of a 2008 Section Optant, this regulation is subject to regulation 136M.

Meaning of “capped transferred-in service”104

1

This regulation applies if—

a

the Department accepts a transfer value payment in respect of a member under a transfer to which the public sector transfer arrangements apply, and

b

the service in respect of which the transfer is made was, or included, capped service in employment to which the Scheme from which the transfer value payment is made (“the transferring scheme”) applied.

2

For the purposes of this Part, the same proportion of the service that the member is entitled to count under regulation 102(2)(a) as the capped service bears to the whole of the service in respect of which the transfer is made is capped transferred-in service.

3

For the purposes of paragraph (1)(b), the service in respect of which the transfer is made was capped service so far as—

a

c

after that transfer the transferring employees become active members of another occupational pension scheme (“the new employer's scheme”),

d

the Department has agreed special terms for the making of transfer value payments in respect of the transferring employees to the new employer's scheme, after consultation with the Scheme actuary, and

e

the transferring employees have consented in writing to their rights being transferred in accordance with those terms.

2

In the case of the transferring members or the transferred members the transfer value payment to be paid—

a

is not calculated in accordance with regulation 98, but

b

is to be such amount as the Department determines to be appropriate in accordance with the special terms after consulting the Scheme actuary.

3

This Chapter has effect with such modifications as are necessary to give effect to those terms.

4

If the transfer is directly or indirectly attributable to a statutory provision this Chapter has effect with such modifications as the Department considers necessary in consequence of the transfer.

5

Where a member to whom this regulation applies is also a member to whom Part 3 applies, a bulk transfer under this regulation also operates as a transfer of that member's rights under Part 3.

Bulk transfers in107

1

This regulation applies if—

a

the employment of one or more persons (“the transferred employees”) is transferred without their consent to a new employer,

b

on that transfer the transferred employees cease to be active members of an occupational pension scheme (“the former employer's scheme”),

c

after that transfer the transferred employees become active members of F243this Section of the Scheme,

d

the Department has agreed special terms for the acceptance of transfer value payments in respect of the transferred employees from the former employer's scheme, after consulting the Scheme actuary, and

e

the transferred employees have consented in writing to their rights being transferred in accordance with those terms.

2

F244This Section of the Scheme has effect with such modifications as are necessary to give effect to the terms mentioned in paragraph (1)(e).

3

If the transfer is directly or indirectly attributable to a statutory provision F244this Section of the Scheme has effect with such modifications as the Department considers necessary in consequence of the transfer.

EU and other overseas transfers108

1

This regulation applies in the case of a member whose transfer is subject to transfer arrangements concluded with any scheme for the provision of retirement benefits established outside the United Kingdom.

2

The Scheme applies in relation to the member with such modifications as the Department considers necessary to comply with—

a

the terms of those arrangements,

b

any applicable provision contained in or made under any statutory provision, and

c

the requirements to be met by a scheme registered under Chapter 2 of Part 4 of the Finance Act 2004.

F3Transfers across

Annotations:

Amendments (Textual)

Reg. 108A and cross-heading inserted (with effect in accordance with reg. 1(3) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 44 (with reg. 89)

Annotations:

Amendments (Textual)

F120

cease to be active members in respect of their service in an employment as the result of exercising the option under regulation 25, and

b

later become active members in that or another employment,

as it applies to members who cease to be employed in the employment in which they are active members, and paragraph (3) must be read accordingly.

5

This Chapter does not apply if the earlier service and the later service are treated as a single continuous period of pensionable service under regulation 9(5) (pensionable service: breaks in service).

6

Regulation 112 applies whether or not the employment mentioned in paragraph (1)(c) is employment that qualifies the member to belong to F252this Section of the Scheme.

7

Regulation 114 (deferred pension becoming payable during HSC re-employment as a result of a transfer of undertaking) applies whether or not the deferred member becomes an active member in the HSC employment in which the deferred member is re-employed.

8

If a re-employed member ceases to be an active member again, this Chapter applies again in respect of the later service as if it were the earlier service (and so on).

General rule: separate treatment of service etc except where unfavourable to member

General rule: separate treatment of service etc110

1

c

the member is not treated as a deferred member in respect of the earlier service, and

d

the member's reckonable pay in respect of the later period may be determined by reference to the earlier period as well as the later period (as a result of regulation 15(8)).

3

This regulation is subject to regulation 114.

Special rules about re-employment of ill-health pensioners

Effect of re-employment on tier 2 ill-health pensions112

1

This regulation applies if a member who is entitled to a tier 2 ill-health pension under regulation 52 in respect of earlier service—

a

did not opt to exchange that pension for a lump sum in accordance with regulation 59, and

b

has re-entered employment (the “further employment”).

the member may not rejoin the Scheme in respect of that employment or any other HSC employment until after the first anniversary of the member's re-entry into HSC employment, whether or not that or any other HSC employment is an excluded employment.

6

For the purposes of this regulation—

a

an employment is an excluded employment at any time in a tax year, in relation to a member, if the member's earnings at that time for the purposes of national insurance from the employment and any other employments are such that the lower earnings limit for that year is not exceeded,

b

for the purposes of paragraph (2) an employment that has been an excluded employment in a tax year is not treated as ceasing to be such an employment until the first day following the end of the pension pay period for the tier 2 ill-health pension in which the limit described in sub-paragraph (a) is first exceeded, and

c

“the initial period” means the period of 12 months beginning with the day on which the member first enters an employment which results in this regulation applying.

7

A member who, before attaining the age of 65, has ceased to be entitled to a tier 2 ill-health pension under paragraph (2), and who—

a

is in further HSC employment and ceases to be employed at all during the initial period, or

b

b

notify the Department if the member's aggregate earnings for the purposes of national insurance from employments held in a tax year are such that the lower earnings limit for that year is exceeded,

c

provide the Department or any other person specified by the Department with such further information as the Department specifies concerning any further employment.

11

This regulation is subject to regulation 113 (re-employed tier 1 ill-health pensioners).

Re-employed tier 1 ill-health pensioners113

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.

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).

Special rule for members transferred out on transfer of undertaking

Deferred pension becoming payable during HSC re-employment as a result of a transfer of undertaking114

a

the reference in paragraph (2) to the employed pensioner's relevant income were a reference to the appropriate proportion of that income, and

b

the reference in that paragraph to the employed pensioner's previous pay were a reference to the appropriate proportion of that pay.

7

In paragraph (6) “the appropriate proportion” means the same proportion as the period during which the new employment is held bears to the whole scheme year.

8

If the member has a guaranteed minimum under section 10 of the 1993 Act in relation to the old service pension, nothing in this regulation requires the reduction of the old service pension below the amount of the member's guaranteed minimum in relation to it.

References in this regulation to the amount of a pension for any scheme year are to its amount for that year after any increases payable under the Pensions (Increase) Act (Northern Ireland) 1971 in respect of that pension, including the increases that would have been payable in respect of any amount not paid because of a reduction ignored under paragraph (5).

Meaning of “previous pay”: general119

1

For the purposes of this Chapter an employed pensioner's previous pay, subject to paragraph (3) and F47regulations 120 and 121 (members with concurrent employments) is the greater of—

a

the employed pensioner's reckonable pay for the purposes of the old service pension, and

b

the annual rate of pay for the old employment at the time it ceased.

2

In this regulation “annual rate of pay” means the sum of—

a

the annual rate of so much of the employed pensioner's pensionable pay immediately before the old service pension became payable as consisted of—

i

salary,

ii

wages, or

iii

other regular payments,

of a fixed nature, and

b

so much of any fees and other regular payments not of a fixed nature as—

i

was payable to the employed pensioner during the period of 12 months ending with the day the old employment ceased, and

ii

formed part of the employed pensioner's pensionable pay.

3

Subject to regulation 120, the amount to be taken as the employed pensioner's previous pay must be adjusted in each scheme year for inflation.

4

The reference in paragraph (3) to adjusting that amount in each scheme year for inflation is to increasing it by the same amount as that by which an annual pension equal to that amount would have been increased under the Pensions (Increase) Act (Northern Ireland) 1971 at 6th April in that scheme year if—

a

that pension was eligible to be so increased, and

b

the beginning date for that pension were the same as the beginning date for the old service pension.

5

In this regulation “the beginning date”, in relation to a pension, means the date on which it is treated as beginning for the purposes of section 8(2) of the Pensions (Increase) Act (Northern Ireland) 1971.

Meaning of “previous pay”: members with concurrent employments120

1

In the case of an employed pensioner who held one or more other HSC employments at the same time as the old employments, the amount to be taken as the employed pensioner's previous pay is the sum of—

a

the amount of the employed pensioner's previous pay, in accordance with regulation 119, and

b

in respect of any of the other HSC employments which are held in the scheme year mentioned in regulation 117(2), the annual rate of pay for that employment in that scheme year, and

c

in respect of any of the other HSC employments which are not held in the scheme year mentioned in 117(2), the pensionable pay for that employment for the period of 12 months ending with the day before the old employment ceased or, if the employed pensioner was not a member of the Scheme in that employment in that period, the amount that would have been the pensionable pay for it assuming that the employed pensioner had been such a member.

2

The amount to be taken as the employed pensioner's previous pay in accordance with paragraph (1) must be adjusted in each scheme year for inflation in the manner set out in regulation 118.

Application of this Chapter to part-time employment121

1

This regulation provides for the application of this Chapter where the old employment or the new employment is a part-time employment.

F482

The amount of the employed pensioner’s reckonable pay for the purposes of the old service pension, as referred to in regulation 119(1)(a), shall be determined without reference to regulation 18 or 19 (reckonable pay for non-concurrent and concurrent part-time workers).

Employed pensioners with more than one pension122

1

This regulation provides for the application of this Chapter where a person is entitled to more than one old service pension falling within regulation 115(1)(c) in any scheme year.

2

In regulation 117—

a

for paragraphs (1) and (2) substitute—

1
If the condition in paragraph (2) is met, the amount of the old service pensions for any scheme year is reduced.
2
The condition is that the employed pensioner's relevant income for the scheme year exceeds the employed pensioner's previous pay for all the old employments.
2A
The amount of the reduction under paragraph (1) in the case of each of the pensions is equal to the same proportion of that excess as the amount of the pension for the scheme year before the reduction, bears to the sum of the pensions for that year before the reduction

3

In regulation 118(1)(b) for “the old service pension” there shall be substituted “ all the old service pensions ”.

4

Regulation 123 applies as if references to the old service pensions were references to all those pensions.

Provisional reductions and later adjustments123

1

If it appears to the Department that the condition in regulation 117(2) will be met in any scheme year in respect of the old service pension for that year, the Department may reduce the amount of that pension paid at any time in the scheme year.

2

Where the old service pension for a scheme year is being reduced under this Chapter, the Department must review the amount of the reduction—

a

at the end of the scheme year, and

b

at any time during the scheme year if it appears to the Department that—

i

the amount of the reduction made for the year is or may become incorrect, or

ii

no reduction should be made.

3

If at any time during the scheme year it so appears the Department must make such adjustments, whether by altering the amount of the reduction or by repaying to the employed pensioner any amount that should not have been deducted from the pension, as appear to the Department to be required.

4

If at the end of the scheme year it is apparent that—

a

the reduction in the old service pension for the year was excessive, or

b

no such reduction should have been made,

the Department must repay the amount due to the employed pensioner.

5

If at the end of the scheme year it is apparent that the old service pension paid for the year exceeded the amount due because the reduction in the old service pension required under regulation 117 was not made, the employed pensioner must repay the excess to the Department.

6

Paragraph (5) does not affect the Department's right to recover a payment or overpayment in any case where the Department considers it appropriate to do so.

CHAPTER 9MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

Scheme administrator

Appointment of scheme administrator124

1

For the purposes of this Part and of Part 4 of the Finance Act 2004, the Scheme administrator is the Department.

Claims

Claims for benefitsF49125

1

A person claiming to be entitled to benefits under this Part (“the claimant”) shall make a claim in writing to the Department.

2

Pursuant to such a claim, the claimant and, where appropriate, the member’s employing authority (including any previous employing authority of the member) shall provide such—

a

evidence of entitlement;

b

information required in order to deal with the claim; and

c

authority or permission as may be necessary for the release by third parties of information in their possession relating to the claimant or member,

as the Department may from time to time require for the purposes of this Part.

3

A claim referred to in paragraph (1) may be made by a person or persons other than the claimant where the Department so provides.

4

Any claim for benefit required in writing under this Part, and any evidence, information, authority or permission given in connection with that claim, may be made or given by means of an electronic communication where such method of communication is approved by the Department from time to time.

5

In this regulation, “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000.

Power to extend time limits

Power to extend time limits126

The Department may extend any time limit mentioned in this Part as it applies in any particular case.

Beneficiaries who are incapable of looking after their affairs

Beneficiaries who are incapable of looking after their affairs127

1

In the case of a beneficiary who, in the opinion of the Department, is by reason of illness, mental disorder, minority or otherwise unable to look after the beneficiary's affairs, the Department may—

a

use any amount due to the beneficiary under the Scheme for the beneficiary's benefit, or

b

pay it to some other person to do so.

2

Payment of an amount to a person other than the beneficiary under paragraph (1) discharges the Department from any obligation under the Scheme in respect of the amount.

Commutation of small pensions

Commutation of small pensions128

4

If the amount of the loss is disputed, no reduction may be made under paragraph (1) until the member's obligation to make good the loss has become enforceable—

a

under the order of a competent court, or

b

in consequence of an award of an arbitrator.

5

If the loss is suffered by an employing authority, the amount of any reduction under paragraph (1) must be paid to that authority.

3

Paragraph (4) applies if—

a

a member has given the scheme administrator a statement in accordance with regulation 87 (tax treatment under the Finance Act 2004 of lump sums payable on pensioners' death) that a lump sum payable under that regulation is to be treated as a pension protection lump sum death benefit in accordance with paragraph 14 of Schedule 29 to the Finance Act 2004, and

b

has not withdrawn that statement.

4

Without prejudice to the generality of paragraph (1), when the lump sum is paid, the scheme administrator may deduct the tax payable under section 206 of that Act (special lump sum death benefits charge) from the lump sum.

Interest on delayed payments

Interest on late payment of benefits and refunds of contributions132

1

This regulation applies if the whole or part of an amount to which this regulation applies is not paid by the end of the period of one month beginning with the due date.

2

This regulation applies to any amount payable by way of a pension, lump sum or refund of contributions under F260this Section of the Scheme (other than any amount due under regulation 31 or 32) or interim F111or substitute award.

F1123

The Department must pay interest on the amount of a pension, lump sum, refund of contributions or an interim or substitute award which is unpaid (“the unpaid amount”) to the person to whom it should have been paid unless the Department is satisfied that the unpaid amount was not paid on the due date because of some act or omission on the part of the member or other person to whom it should have been paid.

4

The interest on the unpaid amount is calculated at the base rate on a day to day basis from the due date for the amount to the date of its payment and compounded with three-monthly rests.

5

For the purposes of this regulation, except where paragraph (6) applies, “due date”, in relation to an unpaid amount F113(other than an unpaid amount in respect of an interim or substitute award) , means—

a

in the case of an amount in respect of a pension or lump sum payable to a member under Chapter 4 (members' retirement benefits) F262or a lump sum under regulation 136L , the day immediately following that of the member's retirement from pensionable employment,

b

in the case of an amount in respect of a pension payable on a member's death F51, other than a pension payable under regulation 86A (Pension payable when member dies on or after reaching age 75) , the day after the date of death,

c

in the case of an amount in respect of a lump sum under Chapter 5 (death benefits) that is payable to the member's personal representatives, the earlier of—

i

the date on which probate or letters of administration were produced to the Department, and

ii

the date on which the Department was satisfied that the lump sum may be paid as provided in regulation 87(9), and

d

in the case of an amount in respect of any other lump sum under that Chapter, the day after the date of the member's death, and

e

in the case of an amount in respect of a refund of contributions, the day after that on which the Department received from Her Majesty's Commissioners of Revenue and Customs the information required for the purposes of calculating the amount to be subtracted under regulation 44(3) or (4)F52; and

f

in the case of an amount in respect of a pension under regulation 86A that is payable to—

i
the member’s personal representatives, the date on which probate or letters of administration were produced to the Department,
ii
any person or body to whom the pension has been assigned by the member’s personal representatives, the date on which the notice under regulation 87(10) was received by the Department, and
iii
any person or body other than those referred to in heads (i) and (ii), the day immediately following the day of the member’s death.

F1146

The due date for an unpaid amount—

a

referred to in paragraph (5) in respect of which the Department was not in possession of all the information necessary for the calculation of the amount of the pension, lump sum or refund of contributions referred to in that paragraph on the date which would, in accordance with paragraph (5) be the due date;

b

in respect of an interim or substitute award,

shall be the first day on which the Department was in possession of all the information necessary to calculate that pension, lump sum, refund of contributions or interim or substitute award.

7

In this regulation, “F115interim or substitute award” means—

a

any amount paid by way of an interim payment calculated by reference to an expected benefit under F261this Section of the Scheme pending final calculation of the full value of that benefit, F116...

b

any amount paid that increases the amount of an earlier payment due to a backdated or subsequent increase in pensionable payF117; and

c

any amount paid that increases the amount of an earlier payment due to the payment of a tier 2 ill-health pension under regulation 52 paid to a member in substitution for a tier 1 ill-health pension under that regulation following a determination by the Department under regulation 53.

Determination of questions

Determination of questions133

1

Except as otherwise provided by this Part, any question arising under the Scheme is to be determined by the Department.

2

Any such disagreement as is referred to in Article 50 of the 1995 Order (resolution of disputes) must be resolved by the Department in accordance with any arrangements applicable under that Article.

General prohibition on unauthorised payments

General prohibition on unauthorised payments134

Nothing in these rules requires or authorises the making of any payment, which, if made, would be an unauthorised payment for the purposes of Part 4 of the Finance Act 2004 (see section 160(5) of that Act).

Prohibition on assignment or charging of benefits

Prohibition on assignment or charging of benefits135

1

Any assignment of, or charge on, or any agreement to assign or charge, any right to a benefit under F263this Section of the Scheme is void.

2

On the bankruptcy of any person entitled to a benefit under F263this Section of the scheme, no part of the benefit may be paid to the person's trustee in bankruptcy or other person acting on behalf of the creditors, except in accordance with an order under Article 283 of the Insolvency (Northern Ireland) Order 1989 M38 (income payments orders).

Record keeping and contribution estimates

F118Employing authority and certain member record keeping and contribution estimates136

1

As regards a member who is a non-GP provider who derives practitioner income from the contracts, agreements or payments referred to in regulation 13(6), in respect of each scheme year, the member shall provide each relevant host Board with a certificate of their pensionable earnings based on—

a

the accounts drawn up in accordance with generally accepted accounting practice by the practice of which the member is a member; and

b

the return that member has made to Her Majesty’s Revenue and Customs in respect of their earnings for that year,

no later than 1 month after the date on which that return was required to be submitted to Her Majesty’s Revenue and Customs.

2

As regards a GMS practice or an APMS contractor, in respect of each scheme year, the practice or contractor shall provide the Department with a statement of estimated pensionable earnings in respect of any non-GP provider that is an APMS contractor or who assists in the provision of HSC services provided by that GMS practice or an APMS contractor, at least 1 month before the beginning of that Scheme year.

3

If, in respect of a scheme year, a non-GP provider has failed to comply with the requirements of paragraph (1), the non-GP provider’s pensionable earnings for that scheme year shall be zero.

This is subject to paragraph (4).

4

If, in respect of a scheme year—

a

a non-GP provider has failed to comply with the requirements of paragraph (1);

b

a benefit is payable for, or in respect of their non-GP provider service; and

c

the non-GP provider’s employing authority is in possession of a figure representing all or part of the non-GP provider’s pensionable earnings for that year,

the Department may treat that figure as the amount of the non-GP provider’s pensionable earnings for that year.

5

If, in respect of a scheme year, a non-GP provider—

a

dies without complying with the requirements of paragraph (1); or

b

is, in the opinion of the Department, unable to look after the non-GP provider’s own affairs by reason of illness or lack of capacity,

the Department may require that non-GP provider’s personal representatives to provide the relevant certificate—

i

within the period referred to in paragraph (1), or

ii

within such other period as the Department should permit.

6

All employing authorities under this Part of the regulations shall, for each scheme year—

a

provide the Department with a statement of estimated total contributions due to F264this Section of the Scheme under regulation 27 (Contributions by members) and 31 (Contributions by employing authorities: general); and

b

maintain records of contributions to F264this Section of the Scheme made under regulations 27 and 31.

7

The statement referred to in paragraph (6)(a) shall be provided to the Department and no later than 2 months after the end of each scheme year.

8

Except where the Department waives such requirement, an employing authority shall provide the Department with a statement of contributions to F265this Section of the Scheme recorded in accordance with paragraph (6)(b) no later than 2 months after the end of each scheme year.

9

The certificates and statements referred to in this regulation—

a

shall be in such form as the Department shall from time to time require;

b

may be provided to the Department in such manner as it may from time to time permit.

10

A person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment or of a disturbance in the functioning of his mind or brain.

F119CHAPTER 102008 Section Optants

Annotations:

Amendments (Textual)

F119

Pt. 2 c. 10 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), 55

Application of Chapter 10 of this Part136A

1

This Chapter makes provision in relation to persons who are active members of the 1995 Section on or after 1st October 2009 and who opt to become members of this Section of the Scheme on the basis set out in this Chapter, including persons who—

a

return to HSC employment in respect of which there is a liability to pay contributions to the scheme in accordance with regulation 10 of the 1995 Regulations (Contributions by members) within a period of less than 5 years beginning with the day on which they last left such employment (whether or not that period includes 1st October 2009);

b

become members of the 1995 Section (whether for the first time or for a second or subsequent time having previously been a member of that Section) in accordance with regulation 7(3) of the 1995 Regulations (Restrictions on membership).

F300c

both—

i

became entitled to a pension under regulation 14 or 14A of the 1995 Regulations (which deal with an early retirement pension on the grounds of redundancy and an early retirement pension on termination of employment by employing authority, respectively) on leaving employment with one employing authority, and

ii

elected to continue to be an active member of the 1995 Section in respect of any other continuing pensionable employment in accordance with paragraph (6) of regulation 77 of those Regulations (Members doing more than one job).

This Chapter does not apply to persons if—
1. i
  that person is an active member of the 1995 Section by virtue of regulation 13(11) of the 1995 Regulations (Early retirement pension (ill health)), or
2. ii
  that member is a former member of a corresponding 1995 scheme and the administrators of that scheme have confirmed that the person did not elect to join the relevant corresponding 2008 scheme when offered the opportunity to do so.

2

In these Regulations a member of this Section of the Scheme to whom this Chapter applies is referred to as a “2008 Section Optant”.

Options for 1995 Section members to join this Section of the Scheme under Chapter 10 of this Part136B

1

ii

treated as having been given on the date on which it is received by the Department.

5

The option shall be effective from the first day of the member’s superannuable employment in the 1995 Section falling on or after 1st April 2008, and—

a

the person shall be treated as if that person had been a member of this Section of the Scheme from that date;

b

the member’s service both for the purpose of ascertaining entitlement to, and calculation of, benefits under the 1995 Section shall count under this Section of the Scheme only to the extent that it would have counted had the member been an active member of this Section of the Scheme from that date.

This is subject to paragraph (12).

14

Where paragraph 13(b) applies the person must have a period equal to at least three months ending on the date specified by the Department in accordance with paragraph (4)(a) in which to opt to join this Section of the Scheme.

This is subject to paragraph (1)(a)(ii) and any extension of time in accordance with paragraph (8).

Transfer of service from the 1995 Section

Service credited from the 1995 Section136C

1

A 2008 Section Optant who—

a

becomes a member of this Section of the Scheme; and

b

is not entitled to a pension under regulation 13A of the 1995 Regulations (ill-health pension on early retirement),

is entitled to count the following service under this Section of the Scheme.

2

The member may count as qualifying service a period equal in length to the period of qualifying service up to, and including, 31st March 2008 which the member was entitled to count under the 1995 Section (but not exceeding 45 years).

3

The period of pensionable service which a 2008 Section Optant who is under age 60 on 1st October 2009 may count is a period equal in length to the period of superannuable service up to, and including, 31st March 2008 which the Optant was entitled to count under regulation 4 of the 1995 Regulations (Meaning of superannuable service).

This is subject to paragraph (6) and regulation 136M.

4

The period of pensionable service which a 2008 Section Optant who is age 60 or over on 1st October 2009 may count is a period equal in length to the superannuable service up to, and including, 31st March 2008 which the Optant was entitled to count under regulation 4 of the 1995 Regulations calculated by multiplying that period of service (specified in days) by the factor specified in paragraph (5) applicable to that case.

This is subject to paragraph (6) and regulation 136M.

5

The factor referred to in paragraph (4) is the factor specified by the Department for that purpose.

6

For the purposes of paragraphs (3) and (4) the superannuable service which the 2008 Section Optant was entitled to count under regulation 4 of the 1995 Regulations—

a

shall not include any superannuable service the Optant was entitled to count under regulation 4(1)(e) of those Regulations;

b

shall be calculated without regard to paragraph (5) of regulation 76 of those Regulations (Mental Health Officers); and

c

where the Optant is entitled to count any part-time superannuable service in the 1995 Section, shall be calculated in accordance with regulation 78 of those Regulations (Part-time employment).

7

When a 2008 Section Optant becomes a member of this Section of the Scheme under this Part all rights in respect of that Optant under the 1995 Section are extinguished.

Treatment of Additional Pension136D

1

This regulation applies to a 2008 Section Optant who, whilst a member of the 1995 Section, had exercised an option to purchase additional pension (“OPAP”) under regulation 73A or 73C or whose employing authority had done so under regulation 73D of those Regulations (which deal with the purchase of additional pension by periodical contributions and lump sum).

2

Where paragraph (1) applies, the amount of additional pension that will count under this Section of the Scheme shall be calculated in accordance with—

a

paragraph (3) when all the contributions required to be made under the OPAP have been made in accordance with regulation 73G of the 1995 Regulations (Effect of payment of additional contributions under this Part);

b

b

where at the effective date specified in paragraph (5) of regulation 136B—

i

that person—

aa

was making additional contributions in accordance with an OPAP exercised under regulation 73A of the 1995 Regulations; or

bb

had applied to make, but had not yet begun making, additional contributions under regulation 73A of the 1995 Regulations; or

cc

had applied to make, but had not yet made, a single lump sum contribution in accordance with an OPAP exercised under regulation 73C of the 1995 Regulations, or

ii

that person’s employing authority had applied to make, but had not yet made, a single lump sum contribution on the person’s behalf, in accordance with an OPAP exercised under regulation 73D of the 1995 Regulations.

7

Where paragraph (6) applies and the person’s chosen birthday referred to in regulation 73A of the 1995 Regulations was 65, the OPAP referred to in that paragraph will apply in this Section of the Scheme as if the OPAP were an option to purchase additional pension in accordance with whichever of regulation 34, 36 or 37 would apply in that case.

8

Where paragraph (6) applies and the person’s chosen birthday referred to in regulation 73A of the 1995 Regulations was 60, the OPAP referred to in that paragraph will apply in this Section of the Scheme—

a

as if the OPAP were an option to purchase additional pension in accordance with whichever of regulation 34, 36 or 37 would apply in that case; and

b

after adjustment, having regard to the advice of the Scheme actuary, so that—

i

the amount of the additional pension purchased in this Section of the Scheme is the same as that which would have been purchased in the 1995 Section, but

ii

the additional periodical or lump sum contributions payable, regard being had to the normal retirement age of 65 applying in this Section of the Scheme, reduce or (where appropriate) cease to be payable.

This is subject to paragraph (9).

9

If paragraph (3)(b), (4)(b) or (8) applies and—

a

the amount of the additional pension calculated in accordance with paragraph (3)(b) or (4)(b) will exceed the limit on the total increase in the member’s pension referred to, as the case may be, in regulation 34, 36 or 37; or

b

the limit on the total increase in the member’s pension referred to in regulation 34 will be exceeded by the amount of additional pension that counts in this Section of the Scheme in accordance with paragraph (8)(b)(i) notwithstanding any reduction in, or cessation of, additional contributions payable in accordance with paragraph (8)(b)(ii),

the total increase in the member’s pension under this regulation, taken together with any other increase under regulations 34, 36 or 37—

i

will be subject to the limit on the total increase in the member’s pension described in regulation 34, 36 or 37, and

ii

the amount of additional pension that counts in this Section of the Scheme in accordance with paragraphs (2) to (8) that exceeds that limit will be converted to pensionable service under regulation 7(1)(d), and in determining the amount of additional pension to be converted into pensionable service, the Department shall have regard to the advice of the Scheme actuary.

Treatment of Additional Service136E

1

A 2008 Section Optant—

a

who becomes a member of this Section of the Scheme; and

b

is buying or has already bought a period of additional service that counts as superannuable service under regulation 4(1)(e) of the 1995 Regulations (Meaning of superannuable service),

will be able to count as pensionable service in this Section of the Scheme the service referred to in whichever of paragraphs (5) or (6) apply to that Optant.

2

That additional service referred to in paragraph (1) is—

a

any additional service bought under regulation 67 of the 1995 Regulations (Right to buy additional service) before the date that person’s option to join this Section of the Scheme was received by the Department in accordance with regulation 136B; and

b

any additional service bought under regulations 22 or 23 of the Health Personal Social Services (Superannuation) Regulations (Northern Ireland) 1984.

This is subject to paragraphs (3) and (4).

3

b

then multiplying Period AS by the factor specified by the Department for that purpose.

7

Where a member was buying additional service by means of additional contributions immediately before the date referred to in paragraph (2)(a), the member's—

a

election to buy additional service will cease from that date; and

b

any additional contributions due under the election that are unpaid at that date will be deducted from the member’s pensionable pay in accordance with regulation 136B(6) and (7).

8

For the purposes of calculating the Optant’s benefits under this Section of the Scheme the pensionable service that the Optant is entitled to count under paragraph (5) or, as the case may be, paragraph (6) of this regulation will be added to the pensionable service the member is entitled to count under—

a

regulation 136C(3), if the member is under age 60 on 1st October 2009; or

b

regulation 136C(4), if the member is age 60 or over on that date.

This is subject to regulation 136R.

Treatment of unreduced retirement lump sum136F

1

This regulation applies to a 2008 Section Optant who becomes a member of this Section of the Scheme and, at the date that person’s option to join this Section of the Scheme was received by the Department in accordance with regulation 136B, had made an election under regulation 68 of the 1995 Regulations (Right to buy an unreduced lump sum) to—

a

purchase an unreduced retirement lump sum for service before 25th March 1972; or

b

buy additional survivor’s pension for service before 6th April 1988,

which satisfies any of the conditions in paragraph (2).

2

Those conditions are that the election—

a

was paid for in full by the date referred to in paragraph (1);

b

ceased before the date referred to in paragraph (1), but before completion of the additional contributions payable;

c

was payable by additional contributions and remained in force immediately before the date referred to in paragraph (1); or

d

was payable by deduction from the member’s retirement lump sum.

3

If paragraph (1) applies, the election referred to in that paragraph will cease to be effective from 1st April 2008 and—

a

any additional contributions under the election that were due but not paid at that date will be deducted in accordance with regulations 136B(6) and (7);

b

any liability to pay additional contributions under the election will cease from, and including, 1st April 2008; and

c

any requirement to pay for an unreduced retirement lump sum by the deduction referred to in paragraph (2)(d) will lapse.

Treatment of 2008 Section Optants to whom regulation 52(3) of the 1995 Regulations applied immediately before 1 April 2008136G

1

This regulation applies to a 2008 Section Optant—

a

whose benefits on retirement or death would, but for this regulation, be calculated in accordance with Chapters 4 and 5 of this Part; and

b

who, but for joining this Section of the Scheme, would otherwise have been entitled to have benefits on retirement or death calculated in accordance with regulation 52(3) of the 1995 Regulations (Early leavers returning to superannuable employment).

2

For the purpose of calculating the benefits on retirement or death of a 2008 Section Optant referred to in paragraph (1), the Optant may, where it would be more beneficial to the Optant, be treated—

a

as a deferred member of this Section of the Scheme in respect of any period of pensionable service credited to that Optant under regulation 136C that relates to one or more periods of superannuable employment in the 1995 Section that occurred before a break of 12 months or more in such employment (“an earlier service credit”); and

b

as if the Optant became an active member for the first time on the first day of any period of pensionable service credited to that Optant under regulation 136C that relates to a period of superannuable employment in the 1995 Section that occurred after a break of 12 months or more in such employment.

This is subject to paragraph (3).

3

The Optant’s benefits in respect of an earlier service credit mentioned in paragraph (2)(a) shall be calculated—

a

separately; and

b

by reference to the final year’s superannuable pay calculated in accordance with regulation 3 of the 1995 Regulations (Meaning of superannuable pay and final year’s superannuable pay) in respect of that particular period.

This is subject to regulation 52(5)(b)(ii).

Pension debit members136H

1

This regulation applies where, on becoming a member of this Section of the Scheme, a 2008 Section Optant is a pension debit member.

2

The amount of the reduction to be made to the Optant’s pension under this Section of the Scheme shall be the amount of the reduction that applied to the Optant’s pension under the 1995 Section calculated in accordance with Article 28 of the 1999 Order (Reduction of benefit) adjusted by the factor referred to in paragraph (3).

3

The factor referred to in paragraph (2) is the factor specified by the Department for that purpose.

4

The Department may, after taking advice from the Scheme actuary, make such modifications to—

a

the Optant’s rights; and

b

as to the form of the Optant’s benefits,

as the Department considers necessary for the purpose specified in paragraph (5).

5

If in the opinion of the Department, it is necessary for the purpose of giving effect to the pension sharing order to which the Optant’s rights are subject for some or all of the benefits under this Section of the Scheme to be taken in a different form from that in which that Optant would otherwise be entitled to take them, the Department may modify those benefits as described in paragraph (4).

Treatment of 2008 Section Optants to whom regulation 82 of the 1995 Regulations applied immediately before 1st April 2008136I

1

This regulation applies to a 2008 Section Optant—

a

whose earnings in respect of superannuable employment in the 1995 Section were reduced;

b

whose employer certified that the reduction in sub-paragraph (a) occurred in the circumstances described in paragraph (2) of regulation 82 of the 1995 Regulations (Members whose earnings are reduced);

c

who, subject to the agreement of the Department, would, on retirement or death, have become entitled to have a preserved pension calculated and paid as described in regulation 49 of the 1995 Regulations (Preserved pension) in respect of superannuable service in the 1995 Section before the Optant’s earnings were reduced; and

d

whose benefits on retirement or death would, but for this regulation, be calculated in accordance with Chapters 4 and 5 of this Part.

2

a

as a deferred member of this Section of the Scheme in respect of any period of pensionable service credited to that Optant under regulation 136C that relates to one or more periods of superannuable service in the 1995 Section before that Optant’s earnings were reduced as described in paragraph (1) (“a protected service credit”); and

b

as if the Optant became an active member for the first time on the first day of any period of pensionable service credited to that Optant under regulation 136C that relates to a period of superannuable service in the 1995 Section after that Optant’s earnings were reduced as described in paragraph (1).

This is subject to paragraph (3).

6

In this regulation “capped Optant service” has the meaning given by regulation 136K.

Meaning of “capped Optant service”136K

1

This regulation applies if a 2008 Section Optant is entitled to count a period of service under this Section of the Scheme in accordance with—

a

regulation 136C; or

b

regulation 136E,

in respect of service in the 1995 Section that was, or included, capped service.

2

For the purposes of this Part, the same proportion of the total service that the member is entitled to count under regulations 136C and 136E as the capped service bears to the whole of the Optant’s service in the 1995 Section up to and including 31st March 2008 is capped Optant service.

3

For the purposes of paragraph (1) the Optant’s service in the 1995 Section was capped service so far as—

a

in the case of service before 6th April 2006, the Optant was an active member of the 1995 Section whose pension under that Section in respect of the service was to be calculated by reference to remuneration limited in each tax year to the permitted maximum for that year within the meaning of section 590C(2) of the Income and Corporation Taxes Act 1988; or

b

in the case of service on or after 6th April 2006, the Optant was an active member of the 1995 Section whose pension under that Section in respect of the service was to be calculated by reference to remuneration limited in each tax year to an amount calculated in the same manner as the permitted maximum under section 590C(2) of the Income and Corporation Taxes Act 1988 was calculated for tax years ending before that date.

4

For the purposes of paragraph (3), it does not matter whether, apart from the application of the limit, the Optant’s remuneration in any tax year would have exceeded the amount of the limit.

the pension by reference to which, apart from this regulation, the transfer value in respect of that Optant would otherwise be calculated shall be reduced by an amount equal to the amount of the lump sum referred to in sub-paragraph (a) divided by 12.

4

Except in the case of an Optant to whom paragraph (6), (8), (10) or (12) applies, the amount of the lump sum shall be determined as described in paragraph (5).

This is subject to paragraphs (13) and (15).

5

The amount of the lump sum shall be determined by—

a

applying the formula—

and

b

rounding down the amount found under sub-paragraph (a) to the nearest amount of whole pounds that is divisible by 12.

6

In the case of an Optant who—

becomes entitled to an annual amount of pension payable under regulation 49 for the first time; and

b

has not attained age 60 on the day of becoming entitled to that pension,

the amount of lump sum shall be determined as described in paragraph (9).

9

The amount of the lump sum that is to be paid to an Optant referred to in paragraph (8) shall be calculated by—

a

applying the formula—

and

b

rounding down the amount found under sub-paragraph (a) to the nearest amount of whole pounds that is divisible by 12.

10

In the case of an Optant who—

a

becomes entitled to an annual amount of pension payable under regulation 49 for the first time, and

b

has attained age 60 on the day of becoming entitled to that pension,

the amount of lump sum shall be determined as described in paragraph (11).

11

The amount of the lump sum that is to be paid to an Optant referred to in paragraph (10) shall be calculated by—

a

applying the formula—

and

b

rounding down the amount found under sub-paragraph (a) to the nearest amount of whole pounds that is divisible by 12.

12

In the case of an Optant—

the pension to which the Optant is entitled in respect of the service that falls to be calculated by reference to capped Optant service; and

b

the pension to which the Optant is entitled in respect of the service that does not fall to be calculated by reference to capped Optant service.

16

For the purposes of this regulation—

“1995 Section Pension Debit” is the amount by which the Optant’s annual pension under the 1995 Regulations was to be reduced in accordance with Article 28 of the 1999 Order;
“annual amount”, in relation to a pension, means the amount of the annual pension to which the member would be entitled under this Section of the Scheme apart from this regulation, together with any increases payable under the Pensions (Increase) Act (Northern Ireland) 1971, calculated as at the time payment would first be due;
“Increase Factor” is the factor that would have applied to the 1995 Section Pension Debit for the purposes of Article 26 of the 1999 Order (Creation of pension debits and credits) if the Optant had become entitled to a pension under the 1995 Regulations—
1. a
  on the date that the Optant becomes entitled to a pension referred to in paragraph (1)(a); or
2. b
  on the day after the Optant’s last day of pensionable service if the Optant becomes entitled to the payment of a transfer value referred to in paragraph (1)(b);
“Reckonable Pay” is the Optant’s reckonable pay calculated under Chapter 1 of this Part;
“Reduction Factor” is the reduction factor that the Department, after taking advice from the Scheme actuary, determines would have applied to that Optant’s lump sum under regulation 17(7)(b) of the 1995 Regulations (Lump sum on retirement) if that Optant had become entitled to a pension calculated under regulation 16 of those Regulations (Early retirement pension (with actuarial reduction)) on the day he became entitled to a pension under regulation 48 or as the case may be regulation 49;
“Relevant Service” is a period (expressed in days), equal to the aggregate of—
1. a
  the period of pensionable service that the Optant is entitled to count under regulation 136C; and
2. b
  the period of pensionable service (if any) that the Optant is entitled to count under regulations 136E and 136R;
“Specified Service” is the amount of the Optant’s Relevant Service (expressed in days) multiplied by the specified percentage;
“Specified percentage” is the percentage of the member’s pension in respect of which the member claims immediate payment under regulation 49(4)(a).

17

In the case of an 2008 Section Optant whose benefits are subject to the modification provided in Part 4, this regulation is subject to regulation 260K(16).

Miscellaneous provisions

Transfers in: transitional provision136M

1

This regulation applies to a 2008 Section Optant who—

a

commenced a period of superannuable employment in the 1995 Section on, or after, 1st April 2008; and

b

within one year of the commencement of that employment, makes an application to transfer accrued rights to benefits to the 1995 Section under regulation 60 of the 1995 Regulations (Member’s right to transfer accrued rights to benefits to this Section of the Scheme).

2

If—

a

the Department accepts the transfer payment in respect of the application referred to in paragraph (1) in accordance with regulation 60(4) of the 1995 Regulations; and

b

that payment is received by the Department before the day on which the person’s option to join this Section of the Scheme is received,

the period of pensionable service that the Optant is entitled to count in respect of that transfer payment for the purposes of calculating benefits payable to or in respect of the Optant under this Section of the Scheme will be calculated as described in paragraph (4).

3

If the transfer payment in respect of an application referred to in paragraph (1) is received by the Department on, or after, the day on which the person’s option to join this Section of the Scheme is received—

a

the Department may accept that payment under this Section of the Scheme—

i

without requiring the Optant to make an application under regulation 100, and

ii

subject to such other conditions as the Department may require; and

b

2

If the Optant referred to in paragraph (1) becomes entitled to a pension under regulation 52(3) (“a tier 2 ill-health pension”) within a period of one year beginning with the day on which that Optant’s option to join this Section of the Scheme is received—

a

that Optant’s service shall be increased by the enhancement period determined in accordance with paragraph (3) (“the transitional enhancement period”); and

b

the transitional enhancement period shall apply to that Optant’s service in place of the enhancement period that, apart from this regulation, would otherwise apply to the Optant’s service under regulation 52(6).

This is subject to paragraph (5).

3

In this regulation—

a

“the transitional enhancement period” means two-thirds of the Optant’s assumed pensionable service; and

b

“the Optant’s assumed pensionable service” means the further pensionable service that the Optant could have counted if the Optant had continued in service until reaching the age of 60.

This is subject to paragraph (4).

4

If the transitional enhancement period determined under paragraph (3) is less than four years pensionable service, the transitional enhancement period by which the Optant’s pensionable service is increased shall be the lesser of—

a

four years pensionable service; and

b

the pensionable service the Optant could have counted if the Optant had continued in service until reaching the age of 60.

5

In the case of an Optant to whom this regulation applies, references to the “enhancement period” in regulation 52 are to be read as references to the “transitional enhancement period” determined under this regulation.

Treatment of ill-health retirement applications made by 2008 Section Optants within one year of joining this Section of the Scheme136O

b

that form and supporting medical evidence was received by the Department before the date on which the Department received the Optant’s option to join this Section of the Scheme.

2

a

within a period of one year beginning with the day on which that Optant’s option to join this Section of the Scheme is received; and

b

immediately before joining this Section of the Scheme the Optant was notified under regulation 13B of the 1995 Regulations (Re-assessment of ill-health condition determined under regulation 13A) that the Optant may ask the Department to consider whether that Optant subsequently meets the tier 2 condition under that regulation,

that Optant shall be entitled to a re-assessment of entitlement to an ill-health pension determined under regulation 53 in accordance with the following paragraphs of this regulation.

3

For the purposes of assessing whether the Optant satisfies the condition in regulation 52(3)(a) at the date of the Department’s review, “permanently” shall mean until age 60.

4

If, after considering the further medical evidence provided by the Optant under regulation 53, the Department determines that the Optant meets the condition in 52(3)(a), then as from the date on which that determination is made the Optant—

a

ceases to be entitled to a tier 1 ill-health pension; and

b

becomes entitled to a tier 2 ill-health pension under regulation 52 but which shall be calculated in accordance with paragraph (5).

5

For the purpose of calculating the tier 2 ill-health pension referred to in paragraph (4)—

a

the Optant’s service shall be increased by the transitional enhancement period determined in accordance with whichever of paragraphs (3) or (4) of regulation 136N apply to that Optant; and

b

the transitional enhancement period shall apply to that Optant’s service in place of the enhancement period that, apart from this regulation, would otherwise apply to that Optant’s service under regulation 52(6).

This is subject to paragraph (6).

6

In the case of an Optant to whom this regulation applies—

a

regulation 136N shall be read as if paragraph (3)(b) of that regulation included the words “from the date of the Department’s determination under regulation 53” after “continued in service”; and

b

references to the “enhancement period” in regulation 52 are to be read as references to the “transitional enhancement period” determined under this regulation.

Application of regulation 53 where a 2008 Section Optant has submitted an application for ill-health retirement under the 2008 Section within a year of joining the 2008 Section136Q

1

This regulation applies to a 2008 Section Optant—

a

b

that form and supporting medical evidence was received by the Department before the end of the period of one year commencing on the day the Department received the Optant’s option to join this Section of the Scheme; and

c

following a consideration of the form and medical evidence referred to in sub-paragraph (a)—

i

the Optant becomes entitled to a tier 1 ill-health pension under regulation 52, and

ii

at the time the Optant is awarded a pension under that regulation the Department gives the Optant notice in writing in accordance with regulation 53(1)(b) that the Optant’s case may be considered once within a period of three years commencing with the date of that award to determine whether the Optant meets the condition in regulation 52(3)(a) at the date of such a consideration.

2

a

ceases to be entitled to a tier 1 ill-health pension; and

b

becomes entitled to a tier 2 ill-health pension under regulation 52 but which shall be calculated in accordance with paragraph (3).

3

For the purpose of calculating the tier 2 ill-health pension referred to in paragraph (2)—

a

the Optant’s service shall be increased by the transitional enhancement period determined in accordance with whichever of paragraphs (3) or (4) of regulation 136N applies to that Optant; and

b

This is subject to paragraph (4).

4

In the case of an Optant to whom this regulation applies—

a

a

the period of service the Optant is entitled to count under regulation 136E; and

b

the period of service the Optant elected to purchase under regulation 67 of the 1995 Regulations calculated in accordance with regulation 73(3) of the 1995 Regulations and as if the member had become entitled to a pension under regulation 13A of those Regulations on the day the Department received that Optant’s option to join this Section of the Scheme.

5

For the purposes of calculating the Optant’s benefits under this Section of the Scheme, the pensionable service the Optant is entitled to count under paragraph (4) will be added to the service the member is entitled to count under regulation 136C(3).

Circumstances in which a 1995 Section member may defer making an option to join this Section of the Scheme under regulation 136B136S

1

This regulation applies to a person who—

a

on, or after, 1st October 2009—

i

is an active member of the 1995 Section, or

ii

is a member of that Section who is absent from work because of illness or injury and whose earnings have ceased in the circumstances described in paragraph (4)(a) of regulation 65 of the 1995 Regulations (Absence because of illness or injury or certain types of leave);

b

c

that form and supporting medical evidence was received by the Department—

i

before the date on which a comparative statement of benefits under the 1995 Section and the 2008 Section of the Scheme is sent to the person (whether by electronic communication or otherwise) in accordance with regulation 136B, or

ii

if such a statement has been issued to that person, before the date specified by the Department for the purposes of paragraph (3) of that regulation.

2

A person to whom paragraph (1) applies may opt to join this Section of the Scheme in accordance with paragraph (3).

3

The option under paragraph (2) may only be exercised if—

a

the person gives notice in writing to the Department in such form as it requires; and

b

that notice is received by the Department within a period of four months starting with, where—

i

that person is sent a written notification of the Department’s decision as to whether, in consideration of the form and medical evidence referred to in paragraph (1), that person has met the tier 1 or the tier 2 condition specified in regulation 13A of the 1995 Regulations (“the first decision”), the date of that decision,

ii

that person is sent a written notification of the Department’s decision in respect of the stage one dispute, (“a stage one decision”), the date of that decision,

iii

that person is sent a written notification of the Department’s decision in respect of the stage two dispute, (“a stage two decision”), the date of that decision, or

iv

that person is sent written notification of the final determination by the Pensions Ombudsman, the date of that determination.

This is subject to paragraph (4).

4

Paragraph (3) shall cease to apply to any person if at any time that person—

a

returns to HSC employment; or

b

claims a pension under regulation 16 or 49 of the 1995 Regulations (Early retirement pension (with actuarial reduction) and preserved pension, respectively).

5

For the purpose of this regulation—

“stage one dispute” means a request made to the Department for a review of the first decision under Article 50 of the 1995 Order (Resolution of disputes), that is received by the Department within a period of one year starting with the date on which that person’s contract of employment is terminated;
“stage two dispute” means a request made to the Department to review the stage one decision under Article 50 of the 1995 Order that is received by the Department within a period of six months starting with the day on which that person is sent a written notification of a stage one decision;
“the final determination by the Pensions Ombudsman” means a written determination under section 147 of the 1993 Act made as the result of the investigation of a complaint by the person in respect of the stage two decision that was received by the Pensions Ombudsman within a period of three years starting with the day on which the person is sent written notification of the stage two decision.

1

This regulation applies if a 2008 Section Optant becomes entitled to immediate payment of a pension under regulation 45 after reaching the age of 65.

2

In the case of an Optant to whom paragraph (1) applies so much of the amount of the pension as is attributable to—

a

the pensionable service that Optant is entitled to count under—

i

regulation 136C,

ii

regulation 136E (if any), and

iii

this Section of the Scheme on or after 1st April 2008 but before reaching the age of 65; and

b

any contributions paid under regulation 34, 36 or 37 before reaching that age,

shall be increased in accordance with paragraph (4).

This is subject to paragraph (6).

3

In paragraph (2) the reference to the amount of the pension is to the amount of pension—

a

before that pension had been reduced in accordance with regulation 136L; and

b

before any commutation under regulation 58.

4

The amount of the increase referred to in paragraph (2) must be calculated in accordance with guidance and tables provided by the Scheme actuary to the Department for the purposes of this regulation.

5

In preparing that guidance and those tables the Scheme actuary must use such factors as the Scheme actuary considers appropriate, having regard, in particular, to—

a

the period after reaching the age of 65 before the Optant becomes entitled to immediate payment of the pension; and

b

the life expectancy of the Optant.

6

The increase shall apply to the Optant’s pension in place of the actuarial increase that, apart from this regulation, would otherwise apply to the Optant’s pension under regulation 47.

2008 Section Optants who are in receipt of a tier 1 ill-health pension under Regulation 13A of the 1995 Regulations136V

1

This regulation applies to a 2008 Section Optant who—

a

is entitled to a tier 1 ill-health pension under regulation 13A of the 1995 Regulations (ill health pension on early retirement) in respect of service in the 1995 Section (“the earlier 1995 Section service”); and

b

becomes entitled to a tier 1 ill-health pension or, as the case may be, a tier 2 ill-health pension under regulation 52 in respect of service in this Section of the Scheme (“the later 2008 Section service”).

2

c

becomes entitled to a tier 1 or, as the case may be, tier 2 ill-health pension in respect of later 2008 Section service on the termination of that later service,

the Optant is entitled to the benefits set out in paragraph (6).

6

Those benefits are—

a

a tier 2 ill-health pension paid in accordance with regulation 13B of the 1995 Regulations in respect of the earlier 1995 Section service; and

b

a tier 1 ill-health pension in respect of the later 2008 Section service.

payable under regulation 45, if the deceased Optant had reached the age of 65,

to which the deceased Optant would have been entitled at the date of the Optant’s death.

4

If the deceased Optant was a non-contributing member who had not exercised the option under regulation 49, the lump sum referred to in paragraph (2)(a) is an amount equal to five times the annual rate of pension—

a

payable under regulation 52(5), if the deceased Optant had not reached the age of 65; or

b

payable under regulation 45, if the deceased Optant had reached the age of 65,

to which the Optant would have been entitled on the last day of the Optant’s pensionable service.

5

If the Optant was an active member or a non-contributing member who had exercised the option under regulation 49, the lump sum referred to in paragraph (2)(a) shall be determined by the Department after taking advice from the Scheme actuary.

Children’s pensions payable on the death of a 2008 Section Optant who is in receipt of a tier 1 ill-health pension under regulation 13A of the 1995 Regulations.136X

1

This regulation applies to a 2008 Section Optant (“a deceased Optant”) who, in respect of service in this Section of the Scheme, was—

a

at the date of the Optant’s death—

i

an active member,

ii

a non-contributing member,

iii

a pensioner member, or

iv

a deferred member; and

b

on that date was entitled to a tier 1 ill-health pension under regulation 13A of the 1995 Regulations (Ill-health pension on early retirement) in respect of service in the 1995 Section (“the earlier 1995 Section service”).

2

In the case of a deceased Optant referred to in paragraph (1)(a)(i) and (ii), “relevant service” for the purposes of paragraph (3) of regulation 76 shall have the meaning given in paragraph (3) of this regulation.

3

“Relevant service” means—

a

in the case of a deceased Optant who was, at the date of the Optant’s death, an active member the greater of—

i

the pensionable service the deceased Optant was entitled to count at that date, increased by the enhancement period (if any) that would have applied for the purposes of regulation 52(5) if the deceased Optant had become entitled to a tier 2 ill-health pension at that date, and

ii

the deceased Optant’s later 2008 Section service as an active member plus the difference between—

aa

the aggregate of the Optant’s earlier 1995 Section service and the later 2008 Section service as an active member; and

bb

10 years pensionable service,

where the amount of service in paragraph (aa) is less than that specified in paragraph (bb);

b

in the case of a deceased Optant referred to in paragraph (1)(a)(ii), the pensionable service that the deceased Optant was entitled to count under this Section of the Scheme on the date of Optant’s death.

4

In the case of a deceased Optant referred to in paragraph (1)(a)(iii), “the basic death pension” for the purposes of paragraph (3) of regulation 77 shall have the meaning given in paragraph (5).

5

The “basic death pension” means the greater of—

a

75% of the deceased Optant’s annual pension (disregarding any additional pension); and

b

75% of the annual pension to which the deceased would have been entitled in respect of the aggregate of the deceased Optant’s later 2008 Section service plus the difference between—

i

the aggregate of the deceased Optant’s earlier 1995 Section service and the later 2008 Section service, and

ii

10 years pensionable service,

where the amount of service in (i) is less than that specified in (ii).

6

In the case of a deceased Optant referred to in paragraph (1)(a)(iv), “the basic death pension” for the purposes of paragraph (3) of regulation 78 shall have the meaning given in paragraph (7).

7

The “basic death pension” means—

a

if the deceased Optant died within 12 months after ceasing to be an active member or a non-contributing member, the amount that would be the basic death pension for the purposes of regulation 76 if the deceased Optant had died on the day of so ceasing (disregarding any additional pension); and

b

if the deceased died more than 12 months after ceasing to be an active member or a non-contributing member, the greater of—

i

75% of the pension to which the deceased Optant would have been entitled if the deceased Optant had become entitled to a pension under regulation 45 on the date of death (disregarding any additional pension), and

ii

75% of the annual pension to which the deceased Optant would have been entitled in respect of the aggregate of the deceased Optant’s later 2008 Section service that has been deferred plus the difference between—

aa

the aggregate of the deceased Optant’s earlier 1995 Section service and the later 2008 Section service that has been deferred; and

bb

10 years pensionable service,

where the amount of service in paragraph (aa) is less than that specified in paragraph (bb).

F280CHAPTER 11

Annotations:

Amendments (Textual)

F280

Pt. 2 Ch. 11 inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Injury Benefits and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/286), reg. 34, reg. 1(2)

Waiting Period Joiners

Application of Chapter 11 of this Part136Y

1

This Chapter makes provision in relation to pensioner members of the 1995 Section who are eligible to be members of this Section of the Scheme in accordance with paragraph (1)(b)(ii) of regulation 21A (Eligibility: transitional).

2

A member of this Section of the Scheme to whom this Chapter applies is referred to as a “Waiting Period Joiner”.

Nominations and notices accepted by the Department under the 1995 Regulations and Chapter 5 of this Part of these Regulations136Z

1

This regulation applies if—

a

on the day a Waiting Period Joiner becomes an active member of this Section of the Scheme—

i

the Department has accepted any of the nominations or notices specified in paragraph (2) in respect of the benefits to be paid on the death of that Joiner, and

ii

that Joiner has not revoked that nomination or notice; or

b

at any time after a Waiting Period Joiner becomes an active member of this Section of the Scheme, that Joiner gives a notice, nomination or declaration for the purposes of a regulation listed in the table at paragraph (4).

2

The nominations and notices referred to in paragraph (1)(a) are—

a

a nomination made in accordance with regulation 22 of the 1995 Regulations (Payment of lump sum) in favour of one or more persons in respect of any lump sum that becomes payable under regulations 18 to 21 of those Regulations (which deal with lump sum payments on the death of a member in different circumstances);

b

c

a notice provided for the purpose of regulation 31E of the 1995 Regulations (Surviving nominated partner’s pension) nominating a partner to receive a surviving nominated partner pension.

3

For the purpose of this Section of the Scheme a nomination or notice referred to in paragraph (1)(a) shall be treated—

a

in the case of the nomination referred to in paragraph (2)(a), as if that nomination has been accepted by the Department as a notice for the purposes of regulation 87,

b

in the case of a notice referred to in paragraph (2)(b), as if that notice had been accepted by the Department as a notice for the purposes of regulation 87 specifying that the Waiting Period Joiner’s personal representatives are to receive any lump sum or pension on the death of that Joiner, and

c

in the case of a notice referred to in paragraph (2)(c), as if that notice had been accepted by the Department as a declaration for the purposes of regulation 68.

4

A notice, nomination or declaration referred to in paragraph (1)(b) that is given by a Waiting Period Joiner for the purposes of a regulation listed in column 1 of the following table shall, without more, be treated as a notice, nomination or declaration given for the purposes of the corresponding regulation in column 2.

Column 1	Column2
1995 Regulations	2008 Regulations

22	87
31E	68

Waiting Period Joiners who are in receipt of a tier 1 ill-health pension under Regulation 13A of the 1995 Regulations136ZA

1

This regulation applies to a Waiting Period Joiner who—

a

is entitled to a tier 1 ill-health pension under regulation 13A of the 1995 Regulations (Ill-health pension on early retirement) in respect of service in the 1995 Section (“the earlier 1995 Section service”); and

b

2

For the purposes of determining whether a Waiting Period Joiner can count 45 years of pensionable service for any purpose, the earlier 1995 Section service and the later 2008 Section service are aggregated.

3

A Waiting Period Joiner is entitled to the benefits set out in paragraph (4) if, on the termination of the later 2008 Section service, that Joiner becomes entitled to a tier 1 or a tier 2 ill-health pension under regulation 52 in respect of that later service.

4

Those benefits are—

a

a tier 1 ill-health pension under regulation 13A of the 1995 Regulations in respect of the member’s earlier 1995 Section service; and

b

a tier 1 or, as the case may be, tier 2 ill-health pension in respect of the member’s later 2008 Section service.

This is subject to paragraph (5).

5

aa

the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service as an active member; and

bb

10 years pensionable service,

where the amount of service in paragraph (aa) is less than that specified in paragraph (bb);

b

in the case of a deceased Waiting Period Joiner who, at the date of that Joiner’s death was a non-contributing member, the pensionable service that Joiner was entitled to count under this Section of the Scheme on the date of that Joiner’s death.

4

In the case of a deceased Waiting Period Joiner who, at the date of that Joiner’s death was a pensioner member, “the basic death pension” for the purposes of paragraph (3) of regulation 77 shall have the meaning given in paragraph (5).

5

The “basic death pension” means the greater of—

a

75% of the deceased Waiting Period Joiner’s annual pension (disregarding any additional pension); and

b

75% of the annual pension to which that Joiner would have been entitled in respect of the aggregate of that Joiner’s later 2008 Section service plus the difference between—

i

the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service, and

ii

10 years pensionable service,

where the amount of service in head (i) is less than that specified in head (ii).

6

In the case of a deceased Waiting Period Joiner who, at the date of that Joiner’s death was a deferred member, “the basic death pension” for the purposes of paragraph (3) of regulation 78 shall have the meaning given in paragraph (7).

7

The “basic death pension” means—

a

if the deceased Waiting Period Joiner died within 12 months after ceasing to be an active member or a non-contributing member, the amount that would be the basic death pension for the purposes of regulation 76 if that Joiner had died on the day of so ceasing (disregarding any additional pension); and

b

if the deceased Waiting Period Joiner died more than 12 months after ceasing to be an active member or a non-contributing member, the greater of—

i

75% of the pension to which that Joiner would have been entitled if that Joiner had become entitled to a pension under regulation 45 on the date of death (disregarding any additional pension), and

ii

75% of the annual pension to which that Joiner would have been entitled in respect of the aggregate of that Joiner’s later 2008 Section service that has been deferred plus the difference between—

aa

the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service that has been deferred; and

bb

10 years pensionable service,

where the amount of service in paragraph (aa) is less than that specified in paragraph (bb).