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) 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.]