Search Legislation

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

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes to legislation:

There are currently no known outstanding effects for the The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008, Section 15. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Meaning of “reckonable pay”: generalN.I.

15.—(1) This regulation applies for the purpose of determining the meaning of “reckonable pay”, in relation to—

(a)a member whose active membership ceases, F1...

(b)a member becoming entitled to the immediate payment of a pension during the member's active membership period—

(i)on the exercise of the option under regulation 49 (partial retirement: members aged at least 55), or

(ii)under regulation 45(1)(b)(ii)[F2; or

(c)a non-contributing member.]

(2) This regulation is subject to regulations 16 to 19 [F3, 136G and 136I to 136K] .

[F4(3) A member’s “reckonable pay” is determined by the formula—

Where—

IRP is the interim reckonable pay determined in paragraph (4), (6) or (7), as appropriate, before any adjustment for inflation in accordance with regulation 16,

RPa is the annual rate of retirement pension the member would be entitled to if the reckonable pay used to calculate it was the interim reckonable pay, including any adjustment for inflation described in regulation 16, and

RPi is the annual rate of retirement pension the member would be entitled to if the reckonable pay used to calculate it was the interim reckonable pay, excluding any adjustment for inflation described in regulation 16, but instead including any increases that pay would attract if it was the annual rate of an official pension within the meaning of section 5(1) of the Pensions (Increase) Act (Northern Ireland) 1971.]

(4) If the period of the member's pensionable service ending with the relevant day equals 365 days, “interim reckonable pay” means the member's pensionable pay for that period.

(5) In this regulation—

(a)the relevant day” means—

(i)in a case within paragraph (1)(a), the day on which the member's active membership ceases, F5...

(ii)in a case within paragraph (1)(b), the day before that on which the member becomes entitled to the pension;

[F6(iii)in a case within paragraph (1)(c), the member’s last day of pensionable service.]

(b)“the best consecutive 1095 day period” shall be determined by comparing—

(i)the period of 1095 days immediately preceding the relevant day (Period 1);

(ii)the period of 1095 days which overlaps Period 1 by 730 days (Period 2);

(iii)the period of 1095 days which overlaps Period 2 by 730 days,

and so on.

(6) Except where paragraph (4) or (7) applies, in this regulation “interim reckonable pay” means one-third of the member's pensionable pay for the period of 1095 days—

(a)that begins—

(i)during the member's pensionable service, and

(ii)within the period of 10 years ending with the relevant day, and

(b)for which the member's pensionable pay was the highest (“the best consecutive 1095 day period”).

(7) If the member's pensionable service within the period of 10 years ending with the relevant day—

(a)is less than 365 days, or

(b)exceeds 365 days but is less than 1095 days,

interim reckonable pay” means the member's pensionable pay for the period of the member's pensionable service, divided by the number of days in that period and multiplied by 365.

(8) If two or more periods of pensionable service are treated as a single continuous period of pensionable service under—

(a)regulation 9(5) (pensionable service: breaks in service), or

(b)regulation 111(2) (exception to general rule in regulation 110),

the references in—

(i)paragraph (4) to a period of pensionable service equalling 365 days,

(ii)paragraph (5) to a period of 1095 days,

(iii)paragraph (7) to the period of pensionable service less than 365 days or more than 365 days but less than 1095 days,

are references to periods together amounting to periods of that length, disregarding any breaks during the single period.

(9) Paragraph (8) does not apply if the other employment is an employment in respect of which the member continues to accrue benefits in accordance with regulation 57 despite being entitled to a pension under regulation 55.

(10) If—

(a)a person's reckonable pay in respect of an employment that the person has left falls to be determined under this regulation by reference to the person's pensionable pay for any period in respect of an employment, and

(b)the person held that employment concurrently during that period with another employment in which the person was an active member,

the member's pensionable pay for that period in the other employment must be taken into account in that determination.

[F7(11) For the purposes of this regulation, pensionable service does not include—

(a)any period of pensionable service that a member is entitled to count under Chapter 6 of this Part unless the transfer value payment in respect of that service is accepted from a corresponding 2008 scheme;

(b)any period of pensionable service that a Section 2008 Optant is entitled to count under—

(i)regulation 136C,

(ii)regulation 136E, or

(iii)regulation 136M.]

Textual Amendments

Back to top

Options/Help

Print Options

You have chosen to open The Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Rule as a PDF

The Whole Rule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Rule without Schedules

The Whole Rule without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Rule without Schedules as a PDF

The Whole Rule without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources