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

[F1 Options for 1995 Section members to join this Section of the Scheme under Chapter 10 of this Part N.I.

(1) A person who by virtue of that person’s employment—

(a) was an active member of the 1995 Section—

(i) on, or after, 1st October 2009, and

(ii) on the day that person’s option to join this Section of the Scheme was received by the Department; and

(b) would be eligible to join this Section of the Scheme if that person met the condition in regulation 21(3)(a) (which requires that the person’s employment began on or after 1st April 2008),

may join this Section of the Scheme under the terms of this Chapter.

(2) A person who satisfies the conditions in paragraph (1) may only join this Section of the Scheme if that person opts to do so.

(3) The option may only be exercised by giving notice in writing to the Department—

(a) in such form as the Department requires; and

(b) before the date the Department specifies for that purpose in the comparative statement of benefits under the 1995 Section and the 2008 Section of the Scheme issued to that person (“the comparative statement”).

• This is subject to paragraphs (4) and (9) and regulation 136S.

(4) For the purpose of paragraph (3)—

(a) the date specified by the Department in the comparative statement shall be a date that is at least four months later than the comparative statement issue date; and

(b) the notice shall be—

(i) irrevocable, and

(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).

(6) If contributions due from the member under Chapter 3 of this Part in respect of any periods beginning on or after 1st April 2008 are not made when they are due because of the time when the option is exercised, the amount overdue is to be paid by deduction from the member’s pensionable pay in such manner and at such rate as the Department requires.

(7) If, in a case where paragraph (6) applies, the member ceases to be an active member of this Section of the Scheme before the amount overdue has been paid under that paragraph, the amount outstanding becomes payable immediately.

(8) The Department may extend the time limit in paragraph (3) if the Department considers that the person has not had a reasonable opportunity to consider whether to exercise the option.

(9) The Department may accept an option to join the 2008 Section that is received after the person ceases to be an active member of the 1995 Section if [F2 either paragraph (9A) applies to that person or that person satisfies all of the following] —

(a) a comparative statement of benefits under the 1995 Section and the 2008 Section of the Scheme was issued to the person whilst that person was an active member of the 1995 Section;

(b) but for the exercise of the option the person would otherwise become entitled to the immediate payment of benefits under Part III of the 1995 Section;

(c) the person has provided the Department with a notice in writing in such form as the Department may require that benefits are not to be paid from the 1995 Section and has not revoked that notice; and

(d) the person exercises the option before the end of the four month period beginning with the comparative statement issue date.

[F3 (9A) This paragraph applies to a person who—

(a) has ceased to pay contributions in accordance with paragraph (3) or paragraph (4) of regulation 10 of the 1995 Regulations (Contributions by members),

(b) is continuing in HSC employment, and

(c) exercises the option before the end of the four month period beginning with the comparative statement issue date.]

(10) A person may revoke a notice given for the purposes of paragraph (9)(c)—

(a) at any time;

(b) in writing on the form provided by the Department for that purpose.

(11) A person who has revoked a notice in accordance with paragraph (10) may not provide a further notice under paragraph (9).

(12) A person exercising an option under this regulation who is entitled to a pension under regulation 13A of the 1995 Regulations (Ill health pension on early retirement) may count as qualifying service for the purpose of this Section of the Scheme a period of service measured in years and days equal to the qualifying service that person was entitled to count under regulation 5 of the 1995 Regulations (Meaning of qualifying service) in determining their entitlement to that pension.

(13) For the purposes of paragraphs [F4 (4), (9) and (9A)] the comparative statement issue date is the date on which the comparative statement of benefits under the 1995 Section and the 2008 Section of the Scheme is sent (whether by electronic communication or otherwise)—

(a) to the person; or

(b) to the person’s employing authority.

(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).]

Textual Amendments

F1 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

F2 Words in reg. 136B(9) inserted (with effect in accordance with reg. 1(4)(b) 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), Pt. 3 reg. 33(2), reg. 1(2)

F3 Reg. 136B(9A) inserted (with effect in accordance with reg. 1(4)(b) 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), Pt. 3 reg. 33(3), reg. 1(2)

F4 Words in reg. 136B(13) substituted (with effect in accordance with reg. 1(4)(b) 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), Pt. 3 reg. 33(4), reg. 1(2)