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

Meaning of “qualifying service” N.I.

141.—(1) In this Part, references to a member's qualifying service, are references to the aggregate of the following periods—

(a) the member's pensionable service under this Part other than such pensionable service as is referred to in regulation 139(1)(c) (transferred-in service);

(b) in the case of a person in respect of whom a transfer value in respect of his rights under another pension arrangement [F1 (including the [F2 1995 Section] )] has been accepted under Chapter 6 (transfers), a period equal to the person's period as an active member in any occupational pension scheme in respect of which the rights accrued;

(c) any period treated as qualifying service under paragraph (3) or under regulation 142;

(d) where the member ceased to be an active member under Part 2 not more than 12 months before becoming a member under this Part, any period of qualifying service under Part 2.

[F3 (e) in the case of a person—

(i) who is eligible to join [F4 this Section of] the Scheme by virtue of regulation 153(5)(c), and

(ii) for whom the interval between leaving the HPSS Superannuation Scheme 1995 and joining [F4 this Section of] the Scheme is less than one month

a period equal to the period of qualifying service (within the meaning of the 1995 Regulations), measured in years and days, that the member was entitled to count under regulation 5 of the 1995 Regulations when the member left that scheme.][F5 ; F6 ...

(f) in the case of a 2008 Section Optant, any period of qualifying service the member is entitled to count under Chapter 10 of this Part.]

[F7 (g) in the case of a Waiting Period Joiner referred to in regulation 260X, a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section; and

(h) in the case of a person who is eligible to join this section of the Scheme by virtue of regulation 153(5)(e), (g) or (h) (Eligibility: general), a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section.]

(2) Paragraph (3) applies if the member is a locum practitioner who—

(a) ceases to be engaged as such a practitioner and so ceases to be treated as being in pensionable service; and

(b) is re-engaged as a locum practitioner before the expiry of a period not exceeding three months from the date of such cessation.

(3) Where this paragraph applies—

(a) a locum practitioner is treated as continuing to be in qualifying service during the period of non-engagement as such a practitioner and is not required to re-join [F8 this Section of] the Scheme on being re-engaged as a locum practitioner; and

(b) that period does not count as practitioner service.

[F9 (4) For the other rules applying where there is a short break in service, see regulation 142.]

Textual Amendments

F1 Words in reg. 141(1)(b) inserted (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), 55(2) (with reg. 89)

F2 Words in reg. 141(1)(b) 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

F3 Reg. 141(1)(e) added (with effect in accordance with reg. 1(5) 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), 55(3) (with reg. 89)

F4 Words in reg. 141(1)(e) 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

F5 Reg. 141(1)(f) and word 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), 58

F6 Word in reg. 141(1)(e) omitted (9.2.2012) by virtue of The Health and Personal Social Services (Superannuation Scheme, Injury Benefits and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/42), regs. 1(4), 21(2)

F7 Reg. 141(1)(g)(h) added (9.2.2012) by The Health and Personal Social Services (Superannuation Scheme, Injury Benefits and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/42), regs., 1(4) 21((3)

F8 Words in reg. 141(3)(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

F9 Reg. 141(4) 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), 55(4) (with reg. 89)