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

[F1 Treatment of ill-health retirement applications made by 2008 Section Optants within one year of joining this Section N.I.

(1) This regulation applies to a 2008 Section Optant—

(a) who submits a form AW33 (or such other form as the Department is willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation 182; and

(b) that form and supporting medical evidence is received by the Department before the end of the period of one year commencing on the day the Department received the Optant’s option to join this Section of the Scheme.

(2) If, following a consideration of the form and medical evidence referred to in paragraph (1) an Optant referred to in that paragraph becomes entitled to a pension under regulation 182(3) (“a tier 2 ill-health pension”)—

(a) that Optant’s pensionable service shall be increased by the enhancement period determined in accordance with whichever of paragraph (3) or (4) of regulation 260M apply to the Optant; and

(b) the transitional enhancement period shall apply to that Optant’s service in place of the enhancement period that, apart from this regulation, would otherwise apply to the Optant’s service under regulation 182(6).

• This is subject to paragraph (3).

(3) In the case of an Optant to whom this regulation applies, references to the “enhancement period” in regulation 182 are to be read as references to the “transitional enhancement period” determined under this regulation.]

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