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

Eligibility: general N.I.

21.—(1) A person is eligible to be an active member of [F1 this Section of] the Scheme if conditions A to C are met and the person is not prevented by regulation 22, 23 or 26.

(2) Condition A is that the person is in HSC employment.

(3) Condition B is that the person—

(a) enters HSC employment on or after 1st April 2008, or

(b) entered HSC employment before that date and on that date was not an active member of the [F2 1995 Section] in that employment or any other HSC employment,

and meets any one of the “ [F3 other Section conditions] ” specified in paragraph (5).

(4) Condition C is that the person has not reached the age of 75.

(5) The “ [F4 other Section conditions] ” are that—

(a) the person has not previously been an active member of the [F5 1995 Section] ,

(b) the person ceased to be an active member of that [F6 the 1995 Section] at least 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of [F4 that Section] ,

(c) the person ceased to be an active member of that [F6 the 1995 Section] less than 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of [F4 that Section] and has received a repayment of contributions in respect of that membership, or

(d) the person ceased to be an active member of that [F7 1995 Section] on or after 1st April 2008 on leaving HSC employment and before the person re-entered such employment—

(i) a transfer payment was made in respect of the person under Part (VI) of [F4 that Section] , or

(ii) the person made an application under regulation 54 of [F4 that Section] (exercising a right to transfer or buy-out) from which the person may not withdraw,

[F8 (e) the person—

(i) ceased to be an active member of the [F7 1995 Section] on leaving HSC employment,

[F9 (ii) became a deferred member of that Section on leaving that employment and has not since become a pensioner member of that Section between the date of leaving that employment and joining this Section of the Scheme, and]

(iii) re-entered HSC employment on or after 1st October 2008 and 5 or more years since last leaving HSC employment; or

(f) the person—

(i) ceased to be an active member of the [F7 1995 Section] before 1st April 2008 on leaving HSC employment,

(ii) became a deferred member of [F4 that Section] on leaving that employment,

(iii) re-entered HSC employment on or after 1st October 2008 and 5 or more years since last leaving HSC employment, and

(iv) before the person re-entered such employment—

(aa) a transfer payment was made in respect of the person under Part VI of [F4 that Section] , or

(bb) the person made an application under regulation 54 of [F4 that Section] (Exercising a right to transfer or buy-out) from which the person may not withdraw.]

[F10 (g) the person is a deferred member of the 1995 Section who has given notice for the purposes of paragraph (1) or (1A) of regulation 9 of the 1995 Regulations (Opting out of the Scheme) and—

(i) as a result of that notice has been treated as ceasing to be an active member of that Section, and

(ii) pursuant to that notice remains opted-out of that Section for five years or more;

(h) the person is a deferred member of the 1995 Section who has given notice for the purposes of paragraph (1) or (1A) of regulation 9 of the 1995 Regulations (Opting- out of the Scheme) and following that notice, has ceased to be an active member of that Section for any one period of five years or more comprising the aggregate of—

(i) any period during which the person leaves HSC employment, and

(ii) any period during which the person is treated as never having been an active member of that Section in accordance with paragraph (3) of regulation 9 of those Regulations in respect of one or more later periods of HSC employment entered into after having given the notice for the purposes of paragraph (1) or (1A) of that regulation;

(i) the person—

(i) has given notice for the purposes of regulation 9 of the 1995 Regulations (Opting-out of the scheme) and as a result of that notice all of that person’s HSC employments ceased to be superannuable employment for the purposes of those Regulations,

(ii) is not entitled to a pension (including a deferred pension) under those Regulations, and

(iii) has been treated as ceasing to be in superannuable employment under the 1995 Regulations for a period of 12 months or more;

(j) the person—

(i) has given notice for the purposes of regulation 9 of the 1995 Regulations (Opting-out of the scheme) and as a result of that notice all of that person’s HSC employments ceased to be superannuable employment for the purposes of those Regulations,

(ii) is not entitled to a pension (including a deferred pension) under those Regulations, and

(iii) has, in respect of the HSC employments referred to in head (i), either received a repayment of contributions or exercised the right to a transfer payment under Part VI of those Regulations,]

but [F11 sub-paragraphs (d) to (f)] will not apply if the Department has permitted such a person to rejoin the HPSS Superannuation Scheme 1995 in the circumstances described in regulation 7(3) M1 of the [F12 1995 Section] .

(6) This regulation shall apply to any person who has previously been an active member of a corresponding health service scheme as though in paragraphs (3) and (5) any reference to—

(a) “ [F13 1995 Section] ” includes a reference to that corresponding health service scheme, and

(b) “HSC employment” includes a reference to—

(i) employment to which regulations made under sections 10 (1) and (2) and 12 (1) and (2) of, and Schedule 3 to, the Superannuation Act 1972 M2 apply,

(ii) employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 M3 ,

(iii) (employment to which regulations made under section 10 of the Superannuation Act 1972 and having effect in Scotland apply,

(iv) employment to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald) M4 applies, and

(v) employment with an employer with whom an agreement has been made under section 235 of the National Health Service Act 2006 M5 .

Textual Amendments

F1 Words in reg. 21(1) 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 Words in reg. 21(3)(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 Words in reg. 21(3) 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. 3

F4 Words in reg. 21(5) 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. 3

F5 Words in reg. 21(5)(a) 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

F6 Words in reg. 21(5)(b)(c) 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), regs. 1(2), 20(a)

F7 Words in regs. 21(5)(d)-(f) 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

F8 Reg. 21(5)(e)(f) 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), 29(2) (with reg. 89)

F9 Reg. 21(5)(e)(ii) 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), regs. 1(2), 20(b)

F10 Reg. 21(5)(g)-(j) added (with effect in accordance with reg. 1(3)(b) of the amending Rule) 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) 2010 (S.R. 2010/286), Pt. 3 reg. 19, reg. 1(2)

F11 Words in reg. 21(5) substituted (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), 29(3) (with reg. 89)

F12 Words in reg. 21(5) 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

F13 Words in reg. 21(6)(a) 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

Marginal Citations

M1 Regulation 7 was substituted by regulation 5 of S.R. 2008 No. 163

M2 1972 c. 11

M3 1967 c. 28

M4 1984 c. 8 (Tynwald)

M5 2006 c. 41