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

Re-employed tier 1 ill-health pensionersN.I.

240.—(1) This regulation applies to re-employed members who are entitled to a tier 1 ill-health pension under regulation 182 in respect of the earlier service.

(2) For the purposes of determining whether a member can count 45 years of pensionable service for any purpose, the earlier service and the later service are aggregated.

(3) If the re-employed member became entitled to a tier 1 ill-health pension for the earlier service, and on the termination of the later service the member becomes entitled to—

(a)a tier 1 ill-health pension, or

(b)a tier 2 ill-health pension,

under regulation 182 in respect of the later service, the re-employed member is entitled to the benefits set out in paragraph (4).

(4) The benefits mentioned in paragraph (3) are—

(a)the member's original tier 1 ill-health pension in respect of his earlier service, and

(b)a tier 1 or, as the case may be, tier 2 ill-health pension in respect of the later service.

[F1This is subject to paragraph (5).]

[F2(5) If the re-employed member—

(a)ceases to be entitled to a tier 1 ill-health pension in respect of the earlier service;

(b)becomes entitled to a tier 2 ill-health pension in respect of that earlier service in accordance with regulation 183(3); and

(c)on the termination of the later service, the member becomes entitled to a tier 1 or, as the case may be, tier 2 ill-health pension in respect of that later service,

the re-employed member is entitled to the benefits set out in paragraph (6).

(6) The benefits mentioned in paragraph (5) are—

(a)a tier 2 ill-health pension paid in accordance with regulation 182 in respect of the member’s earlier service; and

(b)a tier 1 ill-health pension in respect of the member’s later service.]

Textual Amendments