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

[F1 Nominations and notices accepted by the Department under the 1995 Regulations to apply under Chapter 5 of this Part of these Regulations N.I.

(1) This regulation applies if—

(a) the Department has accepted any of the nominations or notices specified in paragraph (2) in respect of the benefits to be paid on the death of a person who is a 1995 Section member; and

(b) on the day that the Department receives that person’s option to join this Section of the Scheme, that person has not revoked that nomination or notice.

(2) The nominations and notices referred to in paragraph (1) are—

(a) a nomination made in accordance with regulation 22 of the 1995 Regulations (Payment of lump sum) in favour of one or more persons in respect of any lump sum that becomes payable under regulations 18 to 21 of the 1995 Regulations (which deal with lump sum payments on the death of a member in different circumstances);

(b) a notice provided for the purposes of paragraph (3)(a) of regulation 22 of the 1995 Regulations that the person’s surviving partner (within the meaning of that regulation) is not to receive the payment of any lump sum that becomes payable under regulations 18 to 21 of the 1995 Regulations;

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purpose of this Section of the Scheme a nomination or notice referred to in paragraph (1) shall be treated—

(a) in the case of the nomination referred to in sub-paragraph (2)(a), as if that nomination has been accepted by the Department as a notice for the purposes of regulation 87;

(b) in the case of a notice referred to in paragraph (2)(b), as if that notice had been accepted by the Department as a notice for the purposes of regulation 87 specifying that the Optant’s personal representatives are to receive any lump or pension on the death of the Optant; and

(c) in the case of a notice referred to in paragraph (2)(c), as if that notice had been accepted by the Department as a declaration for the purposes of regulation 68.]

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 Reg. 136T(2)(c) omitted (16.8.2022) by virtue of The Health and Social Care Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/196), regs. 1(2), 44