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

Restrictions on eligibility: general N.I.

154.—(1) A person is not eligible to be an active member of the Scheme if the person—

(a) became a pensioner member of the HPSS Superannuation Scheme 1995 before 1st April 2008, or

[F1 (b) became a pensioner member of that Scheme on or after that date; or

(c) is a deferred member of that Scheme, but is not a deferred member—

(i) to whom regulation 153(5)(e) or (f) applies, and

(ii) in respect of whom permission of the Department to rejoin the HPSS Superannuation Scheme 1995 has not been granted pursuant to regulation 7(3) of that Scheme.]

(2) A person is not eligible to be an active member of the Scheme in respect of service in an employment if the person is an active member of a superannuation scheme established under Article 3 or 11 of the Superannuation (Northern Ireland) Order 1972 in respect of service in that employment.

(3) A person who holds an honorary appointment and does not at the same time hold any other employment which entitles him to be a member of the Scheme is not eligible to be an active member of the Scheme.

(4) A person is not eligible to be an active member of the Scheme in any further employment if the person—

(a) becomes entitled to a tier 2 pension under regulation 182, and

(b) opts to exchange that pension for a lump sum in accordance with regulation 186.

(5) A person who is entitled to the immediate payment of a pension under the Scheme under a regulation that requires the person not to be in HSC employment may only be an active member in accordance with—

(a) regulation 180,

(b) regulation 239 (effect of re-employment on tier 2 ill-health pensions),or

(c) Chapter 7.

[F2 (6) A person is not eligible to be an active member of the Scheme in any future employment if the person—

(a) ceases to be entitled to a tier 1 ill-health pension under regulation 182; and

(b) becomes entitled to a tier 2 ill-health pension under that regulation on the date the Department makes a determination under regulation 183(3).

• This is subject to paragraph (7).

(7) A person to whom paragraph (6) applies is eligible to be an active member of the Scheme in any further employment after the first anniversary of that person’s first day of such employment following the date of the Department’s determination under regulation 183.]

Textual Amendments

F1 Reg. 154(1)(b)(c) substituted for reg. 154(1)(b) (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), 59 (with reg. 89)

F2 Reg. 154(6)(7) added (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/188), regs. 1(2), 51