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

[F1 Treatment of Additional Service N.I.

(1) A 2008 Section Optant—

(a) who becomes a member of this Section of the Scheme; and

(b) is buying or has already bought a period of additional service that counts as superannuable service under regulation 4(1)(e) of the 1995 Regulations (Meaning of superannuable service),

will be able to count as pensionable service in this Section of the Scheme the service referred to in whichever of paragraphs (5) or (6) apply to that Optant.

(2) That additional service referred to in paragraph (1) is—

(a) any additional service bought under regulation 67 of the 1995 Regulations (Right to buy additional service) before the date that person’s option to join this Section of the Scheme was received by the Department in accordance with regulation 136B; and

(b) any additional service bought under regulations 22 or 23 of the Health Personal Social Services (Superannuation) Regulations (Northern Ireland) 1984.

• This is subject to paragraphs (3) and (4).

(3) The additional service referred to at paragraph (2)(a) will be calculated in accordance with—

(a) paragraph (4), and as the case may be paragraph (8), of regulation 67 of the 1995 Regulations, in the case of an election that had ceased and was paid for in full by the date referred to in paragraph (2)(a);

(b) paragraphs (1), (4) and (5) (but not (6)) of regulation 73 of the 1995 Regulations (Part payment for additional service or unreduced retirement lump sum), in the case of an election that had ceased but had only partially been paid for at that date; or

(c) paragraphs (1), (4) and (5) (but not (6)) of regulation 73 of the 1995 Regulations, in the case of an election that remained in force immediately before that date.

• Paragraph (3)(c) is subject to paragraph (7).

(4) The additional service referred to at paragraph (2)(b) will be calculated in accordance with whichever of—

(a) paragraph (3) or (4)(b) of regulation 22; or

(b) paragraph (1) or (3)(b) of paragraph 23,

of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1984 applies to the Optant.

(5) The period of pensionable service which a 2008 Section Optant who is under age 60 on 1st October 2009 may count under this Section of the Scheme is a period equal in length to the period of additional service calculated in respect of that Optant in accordance with whichever of paragraph (3) or (4) apply to the Optant.

(6) The period of pensionable service which a 2008 Section Optant who is age 60 or over on 1st October 2009 may count under this Section of the Scheme is the period found by—

(a) first taking a period equal in length to the period of additional service (specified in days) calculated in respect of that Optant in accordance with whichever of paragraph (3) or (4) applies (“Period AS”); and

(b) then multiplying Period AS by the factor specified by the Department for that purpose.

(7) Where a member was buying additional service by means of additional contributions immediately before the date referred to in paragraph (2)(a), the member's—

(a) election to buy additional service will cease from that date; and

(b) any additional contributions due under the election that are unpaid at that date will be deducted from the member’s pensionable pay in accordance with regulation 136B(6) and (7).

(8) For the purposes of calculating the Optant’s benefits under this Section of the Scheme the pensionable service that the Optant is entitled to count under paragraph (5) or, as the case may be, paragraph (6) of this regulation will be added to the pensionable service the member is entitled to count under—

(a) regulation 136C(3), if the member is under age 60 on 1st October 2009; or

(b) regulation 136C(4), if the member is age 60 or over on that date.

• This is subject to regulation 136R.]

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