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

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Changes over time for: CHAPTER 6

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Version Superseded: 09/12/2013

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There are currently no known outstanding effects for the The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008, CHAPTER 6. Help about Changes to Legislation

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CHAPTER 6N.I.TRANSFERS

Transfers outN.I.

Introduction: rights to transfer value paymentN.I.

93.—(1) This Chapter supplements the rights conferred by or under Chapter IV of Part IV of the 1993 Act (transfer values).

(2) This Chapter is without prejudice to that Chapter or Chapter V of that Part M1 (early leavers: cash transfer sums and contribution refunds).

(3) Accordingly—

(a)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 [F1this 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 [F2this 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.

Textual Amendments

Marginal Citations

M1Chapter 5 (sections 97AA to 97AI) is inserted by Article 241 of the Pensions (Northern Ireland) Order S.I. 2005/255 (N.I. 1)

Applications for statements of entitlementN.I.

94.—(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 [F3this 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.

Textual Amendments

Applications for transfer value payments: generalN.I.

95.—(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.

Applications for transfer value payments: time limitsN.I.

96.—(1) Subject to paragraph (4), an application under regulation 95(1) must be made before the end of the period of 3 months beginning with the guarantee date, and the payment must be made no later than—

(a)6 months after that date, or

(b)if it is earlier, the date on which the member reaches 65.

(2) If the payment is made later than 6 months after the guarantee date, the amount of the payment to which the member is entitled must be increased by—

(a)the amount by which the amount specified in the statement of entitlement falls short of the amount it would have been if the guarantee date had been the date on which the payment is made, or

(b)if it is greater and there was no reasonable excuse for the delay in payment, interest on the amount specified in the statement of entitlement, calculated on a daily basis over the period from the guarantee date to the date when the payment is made at an annual rate of 1% above the base rate.

(3) Paragraph (4) applies if—

(a)disciplinary or court proceedings against the member are begun within 12 months after the member leaves the employment which qualified the member to belong to the Scheme, and

(b)it appears to the Department that the proceedings may lead to all or part of the member's benefits being forfeited under regulation 130 (forfeiture of rights to benefit).

(4) The Department may defer doing what is needed to carry out what the member requires until the end of the period of 3 months beginning with the date on which those proceedings (including any proceedings on appeal) are concluded.

(5) In any case where a direction is given under regulation 130 for the forfeiture of a member's benefits, this regulation applies as if the amount specified in the statement of entitlement were reduced by an amount equal to the value of the benefits forfeited, as determined by the Scheme actuary.

(6) In respect of an applicant who does not fall within regulation 45(2)—

(a)in the case of an application that requires the guaranteed cash equivalent transfer value payment to be made to a registered occupational pension scheme or a registered personal pension scheme, an application under paragraph (1) may only be made if—

(i)the applicant became a member of that scheme not later than the end of the period of 12 months beginning with the day after the date on which the member ceased to be in the pensionable service in which the rights accrued (“the leaving date”), and

(ii)the application is made not later than—

(aa)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 appliedN.I.

97.—(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.

(2) Paragraph (1) applies whether or not the member is entitled to a guaranteed cash equivalent transfer value payment under Chapter IV of Part IV of that Act.

(3) The whole of the guaranteed cash equivalent transfer value payment must be applied, unless paragraph (4) applies.

(4) The benefits attributable to—

(a)the member's accrued rights to a guaranteed minimum pension, or

(b)the member's accrued rights attributable to service in contracted-out employment on or after 6th April 1997,

may be excluded from the guaranteed cash equivalent transfer value payment if section 92(2) of the 1993 Act applies (trustees or managers of certain receiving schemes or arrangements able and willing to accept a transfer payment only in respect of the member's other rights).

(5) A transfer payment may only be made to—

(a)a pension scheme that is registered under Chapter 2 of Part 4 of the Finance Act 2004, or

(b)an arrangement that is a qualifying recognised overseas pension scheme for the purposes of that Part (see section 169(2) of that Act).

Calculating amounts of transfer value paymentsN.I.

98.—[F4(1) The amount of the guaranteed cash equivalent transfer value payment is to be calculated and verified by the Department in accordance with the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996. This is subject to paragraphs (2), (3) and (5).

(2) Before determining the factors to be used in the calculation of the member’s guaranteed cash equivalent, the Department shall take advice from the Scheme actuary.]

(3) If, subject to paragraph (5), the amount calculated in accordance with paragraph (1) is less than the member's minimum transfer value (if any), the amount of the guaranteed cash equivalent transfer value payment is to be equal to that value instead.

[F5(4) In paragraph (3) “minimum transfer value” means—

(a)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)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,

(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,

which entitle the Optant to count, under Chapter 10 of this Part, any pensionable service by reference to which the accrued rights subject to the transfer are calculated.]

(5) If the transfer value payment is made under the public sector transfer arrangements, the amount of the transfer value payment is calculated—

(a)in accordance with those arrangements rather than paragraphs (1) and (3), and

(b)by reference to the guidance and tables provided by the Scheme actuary for the purposes of this paragraph that are in use on the date used for the calculation.

[F6(6) In the case of a 2008 Section Optant, this regulation is subject to regulation 136L.]

Textual Amendments

Effect of transfers-outN.I.

99.  If a transfer value payment is made under this Chapter in respect of a person's rights under [F7this Section of] the Scheme, those rights are extinguished.

Textual Amendments

Transfers inN.I.

Right to apply for acceptance of transfer value payment from another schemeN.I.

100.—(1) Subject to the provisions of this Chapter, an active member may apply for a transfer value payment in respect of some or all of the rights that have accrued to or in respect of him under any kind of scheme or arrangement to which paragraph (2) applies, other than a FSAVC, to be accepted by [F8this Section of] the Scheme.

(2) This paragraph applies to—

(a)a registered occupational pension scheme [F9other than a corresponding health service scheme] ,

(b)a registered personal pension scheme,

(c)a registered buy-out policy, and

[F10(d)a corresponding 1995 scheme, and

(e)a corresponding 2008 scheme.]

[F11(2A) A member who makes an application for a transfer value to be accepted by the Department in respect of his rights under a corresponding 2008 scheme may not also make an application for a transfer value to be accepted in respect of his rights under a corresponding 1995 scheme.”;]

(3) Paragraph (1) does not apply to rights that are directly attributable to a pension credit.

(4) In this regulation “FSAVC” means—

(a)a scheme which—

(i)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 M2 (free-standing AVC schemes), and

(ii)became a registered scheme for the [F12purposes 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.

[F13(5) In the case of a 2008 Section Optant, this regulation is subject to regulation 136M.]

Textual Amendments

Marginal Citations

Procedure for applications under regulation 100N.I.

101.—(1) An application under regulation 100—

(a)must be made in writing,

(b)must specify the scheme or arrangement from which the transfer value payment is to be made and the anticipated amount of the payment,

(c)may only be made during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of [F14this Section of] the Scheme and before the applicant reaches the age of 65,

(d)if the Department so requires, may only be made if the member has first requested a statement—

(i)in the case of a transfer made under the public sector transfer arrangements, of the service that the member will be entitled to count as a result of the transfer if the payment is accepted by the Department, and

(ii)in a case where the transfer is not made under those arrangements [F15(including a transfer of rights from a corresponding 1995 scheme)] , of the service that member will be entitled so to count if the payment is so accepted by the Department within such period as is specified in the statement, and

(e)must meet such other conditions as the Department may require.

(2) A statement given to the member in pursuance of [F16such a] request as is mentioned in paragraph (1)(d)—

(a)in the case mentioned in paragraph (1)(d)(i), must inform the member of the effect (if any) of regulation 17 (restriction on reckonable pay used for calculating benefits in respect of capped transferred-in service) in the member's case, and

(b)in the case mentioned in paragraph (1)(d)(ii), must specify such amount as is calculated in accordance with guidance and tables provided by the Scheme actuary for the purpose.

[F17(3) A statement given to the member of a corresponding 1995 scheme in pursuance of such a request as is mentioned in paragraph (1)(d) must inform the member of the amount of pensionable service that will count under [F18this Section of] this Scheme for the purposes of—

(a)calculating benefits payable to or in respect of the member; and

(b)determining whether or not the member has reached 45 years of pensionable service for the purposes of regulations 7 and 8.]

Textual Amendments

Acceptance of transfer value paymentsN.I.

102.—(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 [F19this 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.

[F20(3A) 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.

[F21(7) In the case of a 2008 Section Optant, this regulation is subject to regulation 136M.]

Textual Amendments

Calculation of transferred-in pensionable serviceN.I.

103.—(1) Subject to paragraphs (2) to (6), the period of service that the member is entitled to count under regulation 102 as the result of a transfer is to be calculated in accordance with any guidance, tables and other relevant factors provided by the Scheme actuary for that purpose.

(2) For the purposes of the calculation under paragraph (1) the member's annual pensionable pay is to be taken to be the amount of that pay as at the day on which the member's pensionable service begins (“the starting day”), unless paragraph (3) applies.

(3) If the transfer payment is received by the Department more than 12 months after the starting day, the member's annual pensionable pay is to be taken to be the amount of that pay as at the day on which the transfer payment is received.

(4) But paragraph (3) does not apply if—

(a)a written statement estimating the pensionable service that the member would be entitled to count as a result of the transfer was given to the member by the Department during the period of 3 months ending 12 months after the starting day, and

(b)the transfer payment is received by the Department less than 3 months after the date of the statement.

(5) If the transfer value payment is accepted under the public sector transfer arrangements, the period of pensionable service the member is entitled to count is calculated—

(a)in accordance with those arrangements, and

(b)by reference to the guidance and tables provided by the Scheme actuary for the purposes of this paragraph, that are in use on the date that is used by the transferring scheme for calculating the transfer value payment.

(6) If the transfer value payment is accepted from a [F22corresponding 2008 scheme] , the period of pensionable service the member is entitled to count is the period that the member would be entitled to count if—

(a)the member's employment to which that scheme applied was HSC employment in respect of which the member was a member of [F23this Section of] the Scheme, and

(b)the member's contributions to that scheme were contributions to [F23this Section of] the Scheme.

F24(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25(7) In the case of a 2008 Section Optant, this regulation is subject to regulation 136M.]

Textual Amendments

Meaning of “capped transferred-in service”N.I.

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)in the case of service before 6th April 2006, the member was an active member of the transferring scheme whose pension under that scheme 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 M3, or

(b)in the case of service on or after 6th April 2006, the member was an active member of the transferring scheme whose pension under that scheme 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 that section 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 member's remuneration in any tax year would have exceeded the amount of the limit.

[F26(5) In the case of a 2008 Section Optant, this regulation is subject to regulation 136M.]

Textual Amendments

Marginal Citations

Public sector transfer arrangementsN.I.

105.—(1) This Chapter applies in the case of a transfer to which the public sector transfer arrangements apply as it applies in other cases, except to the extent that—

(a)any provision in this Chapter provides otherwise, or

(b)the arrangements themselves make different provision.

Bulk transfers outN.I.

106.—(1) This regulation applies if—

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

(b)on that transfer the transferring employees cease to be eligible to be active members of [F27this Section of] the Scheme,

(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.

Textual Amendments

Bulk transfers inN.I.

107.—(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 [F28this 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) [F29This 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 [F29this Section of] the Scheme has effect with such modifications as the Department considers necessary in consequence of the transfer.

Textual Amendments

EU and other overseas transfersN.I.

108.—(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.

[F30Transfers acrossN.I.

Textual Amendments

Transfers across from the [F311995 Section] N.I.

108A.—(1) An active member who is entitled to have a cash equivalent value calculated in respect of the entirety of the member’s rights under the [F321995 Section] , pursuant to regulation 59 of the 1995 Regulations, may apply to convert that cash equivalent value into rights under this [F33Section of the] Scheme.

(2) An application under paragraph (1)—

(a)must be made in writing using an application form provided for the purpose by the Department;

(b)may only be made before the end of the period of three months beginning with the guarantee date established under regulation 59 of the 1995 Regulations;

(c)may only be made if the member has first been furnished with a statement of the pensionable service that the member will be entitled to count under this [F34Section of the] Scheme if the application is accepted by the Department;

(d)must meet such other conditions as the Department may require; and

(e)is irrevocable.

(3) The statement mentioned in paragraph (2)(c) must—

(a)inform the member of the amount of pensionable service that will count under this [F35Section of the] Scheme for the purposes of calculating benefits payable to or in respect of the member;

(b)inform the member of the amount of pensionable service that will count under this [F35Section of the] Scheme when determining whether or not the member has reached 45 years of pensionable service for the purposes of regulations 7 and 8; and

(c)be calculated in accordance with any guidance, tables and other relevant factors provided by the Scheme actuary for that purpose.

(4) If the Department accepts an application under paragraph (1)—

(a)the member is entitled to count under this [F36Section of the] Scheme the periods of pensionable service mentioned in sub-paragraphs (a) and (b) of paragraph (3) for the purposes specified therein; and

(b)those periods of pensionable service shall be credited to the member on the day that the Department received the member’s application.]

Textual Amendments

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