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

[F1 Application of regulation 53 where a 2008 Section Optant has submitted an application for ill-health retirement under the 1995 Section N.I.

(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.]

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