176.—(1) The general rule is, subject to paragraph (2) and the following provisions of this Part, that a member is entitled to a pension payable for life in respect of any period of pensionable service (“the relevant service”) if the member—
(a)has reached the age of 65, and
(b)either—
(i)has ceased to be employed in HSC employment and has claimed payment of the pension, or
(ii)will reach the age of 75 on the next day.
(2) A person to whom paragraph (1) applies is not entitled to a pension under this regulation unless—
(a)the member is entitled to count at least 2 years of qualifying service in respect of the relevant service, or
(b)a transfer value payment has been accepted by the Scheme during the relevant service under Chapter 6 (transfers), otherwise than from an occupational pension scheme,
(c)the member is entitled to a pension under this regulation in respect of any previous period of pensionable service, or
(d)the member has reached the age of 65.
(3) A pension to which a member is entitled under this regulation becomes payable immediately the member becomes entitled to it.
(4) The—
(a)amount of the annual pension payable to a practitioner member under this regulation (disregarding any additional pension) will be equal to 1.87% of the member's uprated earnings, and
(b)the member's uprated earnings are to be calculated by uprating the member's pensionable earnings by the amount of the annual increase due under the provisions of the Pensions (Increase) Act (Northern Ireland) 1971 and Article 69 of the Social Security Pensions (Northern Ireland) Order 1975, plus 1.5% annually.
(5) A claim referred to in paragraph (1)(b)(i) and made in accordance with regulation 249 takes effect from the date the claim is received by the Department.
(6) This regulation does not apply to pensions derived from pension credit rights.
[F1(7) In the case of 2008 Section Optant, this regulation is subject to regulation 260K.]
Textual Amendments
F1Reg. 176(7) 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), 69
Modifications etc. (not altering text)