238.—(1) The general rule in regulation 237 does not apply if—
(a)at the time that the member first becomes entitled to a pension under [F1this Section of] the Scheme in respect of the earlier service or the later service, or
(b)if it is earlier, at the time of the member's death,
in the opinion of the Department the benefits payable to or in respect of the member would be more valuable if that general rule were disregarded.
(2) Accordingly, in a case within paragraph (1)—
(a)the member's pensionable service in respect of the earlier service and the later service are treated as one single continuous period,
(b)the member's qualifying service in respect of the earlier service and the later service are each treated as one single continuous period,
(c)the member is not treated as a deferred member in respect of the earlier service, and
(d)the member's pensionable earnings in respect of the later period may be determined by reference to the earlier period as well as the later period (as a result of regulation 140(5)).
Textual Amendments
F1Words in reg. 238(1)(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