Textual Amendments
F1Pt. 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
(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)if the Department accepts the payment, the period of pensionable service that the Optant is entitled to count in respect of that 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).
(4) The period of pensionable service that the Optant is entitled to count for the purposes of calculating benefits payable to, or in respect of, that Optant under this Section of the Scheme—
(a)will be calculated in accordance with regulation 103; and
(b)the starting day for the purposes of regulation 103(2) and (3) will be the day that the Optant’s superannuable employment referred to in paragraph (1) commenced.
This is subject to paragraph (5).
(5) If the transfer value payment is accepted by the Department under the public sector transfer arrangements—
(a)regulation 104 shall apply to the Optant in respect of the period of pensionable service that the Optant is entitled to count under this regulation; and
(b)the reference in regulation 104(2) to the service that the member is entitled to count under regulation 102(2)(a) shall be read as a reference to the service the Optant is entitled to count under paragraph (4).
(1) This regulation applies to a 2008 Section Optant who—
(a)has submitted a form AW33 (or such other form as the Department was willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation 13A of the 1995 Regulations (Ill-health pension on early retirement); and
(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) 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.
(1) This regulation applies to a 2008 Section Optant—
(a)who submits a form AW33 (or such other form as the Department is willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation 52; and
(b)that form and supporting medical evidence is received by the Department before the end of the period of one year commencing on the day on which the Department received the Optant’s option to join this Section of the Scheme.
(2) If, following a consideration of the form and medical evidence referred to in paragraph (1), the Optant referred to in that paragraph becomes entitled to a pension under regulation 52(3) (“a tier 2 ill-health pension”)—
(a)that Optant’s service shall be increased by the enhancement period determined in accordance with whichever of paragraph (3) or (4) of regulation 136N applies to the 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 the Optant’s service under regulation 52(6).
This is subject to paragraph (3).
(3) 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.
(1) This regulation applies to a 2008 Section Optant—
(a)who submitted a form AW33 (or such other form as the Department was willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation 13A of the 1995 Regulations (Ill-health pension on early retirement); and
(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) If, following a consideration of the form and medical evidence referred to in paragraph (1), the Optant referred to in that paragraph becomes entitled to a pension under regulation 52(2) (“a tier 1 ill-health pension”)—
(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.
(1) This regulation applies to a 2008 Section Optant—
(a)who submits a form AW33 (or such other form as the Department is willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation 52;
(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) 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 (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)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 (4).
(4) 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.
(1) This regulation applies to a 2008 Section Optant who, apart from this regulation, would be entitled to count a period of pensionable service determined in accordance with paragraph (3) of regulation 136E.
(2) If—
(a)an Optant referred to in paragraph (1) submitted a form AW33 (or such other form as the Department was willing to accept) together with supporting medical evidence (if not included on the form) pursuant to regulation 13A of the 1995 Regulations (Ill-health pension on early retirement);
(b)that form and supporting medical evidence was received by the Department before the end of a period of one year commencing on the date on which the Optant commenced payment for a period of additional service under regulation 67 of the 1995 Regulations (Paying for additional service and unreduced retirement lump sum by regular additional contributions); and
(c)following a consideration of the form and medical evidence referred to in sub-paragraph (a) that Optant becomes entitled to a tier 1 or tier 2 ill-health pension under regulation 52 within a period of one year beginning with the day on which the Optant’s option to join this Section of the Scheme is received,
that Optant will not be entitled to count a period of pensionable service under regulation 136E and—
(i)an amount equal to the contributions (less any tax that may be payable) made by the Optant in respect of that period of additional service shall be returned to the Optant in accordance with regulation 73(2) of the 1995 Regulations (Part payment for additional service or unreduced retirement lump sum, and
(ii)paragraph (7) of regulation 136E will not apply.
(3) If—
(a)an Optant referred to in paragraph (1) submitted a form AW33 (or such other form as the Department was willing to accept) together with supporting medical evidence (if not included on the form) pursuant to regulation 13A of the 1995 Regulations;
(b)that form and supporting medical evidence was received by the Department after a period of at least one year commencing on the date on which the Optant commenced payment for a period of additional service under regulation 72 of the 1995 Regulations; and
(c)following a consideration of the form and medical evidence referred to in sub-paragraph (a) that Optant becomes entitled to a tier 1 or tier 2 ill-health pension under regulation 52 within a period of one year beginning with the day on which the Optant’s option to join this Section of the Scheme is received,
in addition to the pensionable service that Optant is entitled to count under regulation 136E, that Optant shall also be entitled to count a period of pensionable service determined under paragraph (4).
(4) The period of pensionable service that an Optant is entitled to count under this regulation shall be a period of service equal to the difference between—
(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).
(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)has submitted a form AW33 (or such other form as the Department was willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation 13A of the 1995 Regulations (Ill-health pension on early retirement); and
(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)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 a person who is a 1995 Section member; and
(b)on the day that the Department receives that person’s option to join this Section of the Scheme, that person has not revoked that nomination or notice.
(2) The nominations and notices referred to in paragraph (1) 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 the 1995 Regulations (which deal with lump sum payments on the death of a member in different circumstances);
(b)a notice provided for the purposes of paragraph (3)(a) of regulation 22 of the 1995 Regulations that the person’s surviving partner (within the meaning of that regulation) is not to receive the payment of any lump sum that becomes payable under regulations 18 to 21 of the 1995 Regulations;
(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) shall be treated—
(a)in the case of the nomination referred to in sub-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 Optant’s personal representatives are to receive any lump or pension on the death of the Optant; 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.
(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.
(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) For the purposes of determining whether an Optant can count 45 years of pensionable service for any purpose, the earlier 1995 Section service and the later 2008 Section service are aggregated.
(3) If, on the termination of the later 2008 Section service the Optant becomes entitled, under regulation 52, to—
(a)a tier 1 ill-health pension; or
(b)a tier 2 ill-health pension,
in respect of the later 2008 Section service, the Optant is entitled to the benefits set out in paragraph (4).
(4) The benefits mentioned in paragraph (3) are—
(a)the member’s 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) and regulations 136N to 136R.
(5) If the Optant—
(a)ceases to be entitled to a tier 1 ill-health pension in respect of the earlier 1995 Section service;
(b)becomes entitled to a tier 2 ill-health pension in respect of that earlier 1995 Section service in accordance with regulation 13B of the 1995 Regulations (Re-assessment of ill-health condition determined under regulation 13A); and
(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.
(1) This regulation applies to a 2008 Section Optant who, on the date of that Optant’s death—
(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; and
(b)is an active or a non-contributing member in respect of service in this Section of the Scheme (“the later 2008 Section service”).
(2) The lump sum payable on the death of an Optant referred to in paragraph (1) shall be—
(a)calculated in accordance with whichever of paragraphs (3), (4) or (5) applies to that Optant; and
(b)paid in place of the lump sum that, apart from this regulation, would otherwise be payable in respect of that Optant’s later 2008 Section service under regulation 83.
(3) If the deceased Optant was, at the date of the Optant’s death, an active 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 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.
(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).]