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

Meaning of “pensionable service” N.I.

139.—(1) In this Part, references to a member's pensionable service, subject to paragraph (2), are references to the aggregate of the following periods—

(a) any period of service in respect of which the member contributes to [F1 this Section of] the Scheme under regulation 160 (contributions by members),

(b) any period of absence from service which counts as pensionable service under regulation 140,

(c) any period of service credited to the member as pensionable service under Chapter 6 (transfers from other pension arrangements)[F2 ; and

(d) any period of pensionable service the member is entitled to count under Chapter 10 of this Part.]

(2) A member's pensionable service does not include—

(a) any period of service in respect of which the Department has paid contributions to another occupational pension scheme in respect of the member,

(b) in the case of a pensioner member or deferred member, any period taken into account—

(i) in determining the member's entitlement to the pension in payment or, as the case may be, the deferred pension, or

(ii) in calculating the amount of that pension,

but, in the case of a pensioner member or deferred member entitled to a pension under regulation 180 (partial retirement) subject to paragraph (7),

(c) any period of service in respect of which the Department's liability to provide benefits is discharged—

(i) by the payment of a contributions equivalent premium under section 51(2) of the 1993 Act,

(ii) under regulation 175 (repayment of contributions), or

(iii) by the payment of a transfer value payment on transfer out under Chapter 6 (transfers), or

(d) subject to paragraph (3), any period of service which would result in the aggregate mentioned in paragraph (1) exceeding 45 years.

(3) A member's pensionable service must not exceed 45 years unless—

(a) the member gives notice in writing to the Department and the member's employing authority of an intention to remain in pensionable service beyond 45 years; and

(b) that notice is received by the Department and the member's employing authority—

(i) not earlier than three months before the member reaches 45 years pensionable service, and

(ii) by the end of the pay period during which the member reaches the 45 year limit.

(4) If the notice required by paragraph (3) has been properly received and the member has pensionable service in excess of 45 years—

(a) benefits under this Part shall be calculated by reference to a maximum of 45 years of pensionable service; and

(b) the Department shall select the years by reference to which the benefits are to be calculated, selecting the years which produce the most favourable result to the member.

(5) For the purposes of paragraph (4)(b), in order to calculate the length of a member's pensionable service, all periods of pensionable service will be added together and each resulting period of 365 days (disregarding pensionable service on 29th February in a leap year) will be treated as one year.

(6) If, when the employment in which a person is an active member ceases, a payment is made in respect of untaken leave, for the purpose of this Part—

(a) the member's pensionable service is treated as continuing for a period equal to the period of leave in respect of which payment is made, and

(b) the payment is treated as the member's pensionable earnings for that period.

(7) In the case of a pensioner member or deferred member entitled to a pension under regulation 180 (partial retirement), paragraph (2)(b) only applies to so much of the member's pensionable service as is mentioned in regulation 180(8)(a) (the specified percentage of the pensionable service as respects which the member is an active member on the option day).

(8) References in this Part to any period expressed in days are references to the period in question ignoring 29th February, expressed in days.

[F3 (9) Where a member is also a member of the [F4 1995 Section] any reference in this Part to “45 years” shall be taken to be a reference to a shorter period determined by the formula—

where—

• SP is the shorter period, measured in years and days, and

• LSS is the length of superannuable service (within the meaning of the 1995 Regulations), measured in years and days, giving rise to membership of the [F4 1995 Section] and, in the case of a member of that Scheme who has become entitled to a pension (including a preserved pension) under that Scheme, including any period that was taken into account for the purpose of determining whether the member was entitled to that pension, or for the purpose of calculating the amount of that pension.]

Textual Amendments

F1 Words in reg. 139(1)(a) inserted (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), reg. 1(2), Sch. 2 Pt. 1

F2 Reg. 139(1)(d) and worded 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), 57

F3 Reg. 139(9) added (with effect in accordance with reg. 1(3) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 53 (with reg. 89)

F4 Words in reg. 139(9) substituted (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), reg. 1(2), Sch. 2 Pt. 2