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

Changes over time for: Cross Heading: Pensionable service

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008, Cross Heading: Pensionable service.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Pensionable serviceN.I.

Meaning of “pensionable service”N.I.

7.—(1) In this Part, references to a member's pensionable service, subject to paragraphs (2) and (3), are references to the aggregate of the following periods—

(a)any period of service in respect of which the member contributes to [F1this Section of] the scheme under regulation 27 (contributions by members),

(b)any period of absence from service which counts as pensionable service under regulation 9, F2...

(c)any period of service credited to the member as pensionable service under Chapter 6 (transfers)[F3; and

(d)any period of pensionable service the member is entitled to count under Chapter 10 of this Part.]

(2) A member's pensionable service does not include—

(a)any period of service in respect of which the Department has paid contributions to another occupational pension scheme in respect of the member,

(b)in the case of a pensioner member or deferred member, any period taken into account—

(i)in determining the member's entitlement to the pension in payment or, as the case may be, the deferred pension, or

(ii)in calculating the amount of that pension,

but, in the case of a pensioner member or deferred member entitled to a pension under regulation 49 (partial retirement) subject to paragraph (6),

(c)any period of service in respect of which the Department's liability to provide benefits is discharged—

(i)by the payment of a contributions equivalent premium under section 51(2) of the 1993 Act,

(ii)under regulation 44 (repayment of contributions), or

(iii)by the payment of a transfer value payment on transfer out under Chapter 6 (transfers), or

(d)any period of service which would result in the aggregate mentioned in paragraph (1) exceeding 45 years.

(3) A member's pensionable service must not exceed 45 years unless—

(a)the member gives notice in writing to the Department and the member's employing authority of an intention to remain in pensionable service beyond 45 years, and

(b)that notice is received by the Department and the member's employing authority—

(i)not earlier than three months before the member reaches 45 years pensionable service, and

(ii)by the end of the pay period during which the member reaches the 45 year limit.

(4) If the notice required by paragraph (3) has been properly received and the member has pensionable service in excess of 45 years—

(a)benefits under this Part shall be calculated by reference to a maximum of 45 years of pensionable service, and

(b)the Department shall select the years by reference to which the benefits are to be calculated, selecting the years which produce the most favourable result to the member.

(5) If, when the employment in which a person is an active member ceases, a payment is made in respect of untaken leave, for the purpose of this Part—

(a)the member's pensionable service is treated as continuing for a period equal to the period of leave in respect of which payment is made, and

(b)the payment is treated as the member's pensionable pay for that period.

(6) In the case of a pensioner member or deferred member entitled to a pension under regulation 49 (partial retirement), paragraph (2)(b) applies only to so much of the member's pensionable service as is mentioned in regulation 49(9)(a) (the specified percentage of the pensionable service as respects which the member is an active member on the option day).

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

[F4(8) Where a member is also a member of the [F51995 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 [F51995 Section] and, in the case of a member of [F6that Section] who has become entitled to a pension (including a preserved pension) under [F6that 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.]

Textual Amendments

F1Words in reg. 7(1)(a) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 1

F2Word in reg. 7(1)(b) omitted (with effect in accordance with reg. 1(2) of the amending Rule) by virtue of 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), 17(a)

F3Reg. 7(1)(d) and word inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), regs. 1(2), 17(b)

F4Reg. 7(8) added (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), 25 (with reg. 89)

F5Words in reg. 7(8) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 2

F6Words in reg. 7(8) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 3

Meaning of “pensionable service”: part-time serviceN.I.

8.—(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.

Pensionable service: breaks in serviceN.I.

9.—(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, F7...

(e)parental leave [F8, [F9shared parental leave [F10, or]

[F11(f)parental bereavement leave.]

(2) The period of absence counts as pensionable service if the member contributes to [F12this Section of] the Scheme under regulation 27 in respect of the period of absence.

[F13(3) If a member is on leave of absence but does not fall within paragraph (1)(a) to (e), and contributes to [F12this Section of] the Scheme under regulation 27 by contributions made at the same intervals as those made by the member before the absence, the maximum period of such leave that can be counted as pensionable service under this paragraph is—

(a)where the member contributes for a continuous period of 6 months commencing with the first day of the member’s leave of absence, 6 months; and

(b)where the member contributes for a continuous period of less than 6 months commencing with the first day of the member’s leave of absence, the period in respect of which the member pays those contributions.

(3A) If, having paid contributions for the period mentioned in paragraph (3)(a) a member remains on a leave of absence that does not fall within paragraph (1)(a) to (e) and contributes to [F14this Section of] the Scheme both member contributions under regulation 27 and employer contributions under regulation 31 by contributions made at the same intervals as those made by the member before the absence, the maximum period of such leave that can be counted as pensionable service under this paragraph is—

(a)where the member contributes for a continuous period of 18 months commencing immediately after the expiry of the period mentioned in paragraph (3)(a), 18 months; and

(b)where the member contributes for a continuous period of less than 18 months commencing immediately after the expiry of the period mentioned in paragraph (3)(a), the period in respect of which the member pays those contributions.]

(4) This paragraph applies if a person—

(a)ceased to be an active member because of—

(i)ceasing to be employed in an employment in which the person is eligible to be such a member, or

(ii)exercising the option under regulation 25 (opting out of [F15this Section of] the Scheme), and

(b)less than 12 months after the date on which the person ceased to be an active member becomes such a member again.

(5) If paragraph (4) applies, the person's pensionable service before the person ceased to be an active member and after the person became such a member again is treated as a single continuous period of pensionable service, unless paragraph (6) applies.

(6) This paragraph applies if—

(a)the person does not become a deferred member in respect of the pensionable service before the break in which the person was an active member,

(b)the person has received a repayment of contributions under regulation 44 in respect of that service (but see paragraph (8)), or

(c)the person's rights under [F16this Section of] the Scheme in respect of that service have been extinguished under regulation 99 because a transfer value payment has been made in respect of them.

(7) In the case of a member who leaves pensionable service whilst the person is absent from work because of—

(a)illness or injury,

(b)maternity leave,

(c)adoption leave,

(d)paternity leave, F17...

(e)parental leave, [F18shared parental leave,] [F19or]

[F20(f)parental bereavement 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 [F21this Section of] the Scheme).

[F22(10) For the duration of any pilot scheme—

(a)a member who provides piloted services under a dental pilot scheme and who is absent from work by reason of illness or injury shall be treated as a practitioner whether or not his name is included on a dental list prior to the commencement of the pilot scheme; and

(b)a member who performs piloted services under a dental pilot scheme and who is absent from work by reason of illness or injury shall be treated as an officer whether or not his name is included on a dental list prior to the commencement of the pilot scheme.]]]

Textual Amendments

F7Word in reg. 9(1)(d) omitted (29.9.2023) by virtue of The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 15(3)(a)(i),34

F8Word in reg. 9(1)(e) substituted (6.4.2022) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2022 (S.R. 2022/168), regs. 1, 15(3)(a)(ii) and word substitution restated (3.10.2022) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/236), regs. 1(1), 15(3)(a)(ii) (with regs. 28-34) and word substitution restated (2.4.2023) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2023 (S.R. 2023/56), regs. 1(1), 15(3)(a)(ii), 34 (with regs. 28-33)