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

[F1 Service and pensionable earnings credited from the 1995 Section N.I.

(1) A 2008 Section Optant who—

(a) becomes a member of this Section of the Scheme, and

(b) is not entitled to a pension under regulation 13A of the 1995 Regulations (Ill-health pension on early retirement),

is entitled to count the following service under this Section of the Scheme.

(2) The member may count as qualifying service a period equal in length to the period of qualifying service up to, and including, 31st March 2008 which the member was entitled to count under the 1995 Section (but not exceeding 45 years).

(3) The pensionable earnings and service which a 2008 Section Optant who is under age 60 on 1st October 2009 may count is an amount equal to the amount of superannuable earnings for practitioner service up to, and including, 31st March 2008 which the Optant was entitled to count under regulation 4 of the 1995 Regulations (Meaning of superannuable service).

• This is subject to paragraphs (9) and regulation 260K.

(4) The pensionable earnings and service which a 2008 Section Optant who is age 60 or over on 1st October 2009 may count is an amount equal to the amount of superannuable earnings for practitioner service up to, and including, 31st March 2008 which the Optant was entitled to count under regulation 4 of the 1995 Regulations multiplied by the factor specified in paragraph (8) applicable to the case.

• This is subject to paragraphs (5), (8), (9) and (10) and regulation 260K.

(5) In determining the amounts of superannuable earnings up to, and including, 31st March 2008 in paragraph (3) or (4), the Department shall have regard to—

(a) the superannuable earnings for any scheme year recorded by the Optant’s host Board;

(b) the superannuable earnings for any scheme year certified by the Optant in accordance with paragraph 23 of Schedule 2 to the 1995 Regulations.

• This is subject to paragraph (6).

(6) If, in respect of any particular scheme year, the superannuable earnings referred to in paragraph (5)(a) or (b) are not available, the Department shall determine the superannuable earnings for that scheme year and in doing so shall have regard to—

(a) the contributions paid in accordance with regulation 10 of the 1995 Regulations (as modified by paragraph 10 of Schedule 2 to those Regulations) (Contributions by members) or regulation 160; or

(b) the figure supplied by the host Board.

• This is subject to paragraph (7).

(7) If—

(a) the Department has made a determination of superannuable earnings in accordance with paragraph (6); and

(b) the superannuable earnings referred to in paragraph (5) that were not available to the Department at the time of that determination, subsequently become available,

the Department shall revise that determination accordingly.

(8) The factor referred to in paragraph (4) is the factor specified by the Department for that purpose.

(9) For the purposes of paragraphs (3) and (4) the superannuable earnings for practitioner service which the 2008 Section Optant was entitled to count under regulation 4 of the 1995 Regulations shall not include any superannuable service the Optant was entitled to count under regulation 4(1)(e) of that Section.

(10) When a 2008 Section Optant becomes a member of this Section of the Scheme under this Part all rights in respect of that Optant under the 1995 Section are extinguished.]

Textual Amendments

F1 Pt. 3 c. 10 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), 96