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

[F1 Late payment of pension with actuarial increase for a 2008 Optant N.I.

(1) This regulation applies if a 2008 Section Optant becomes entitled to immediate payment of a pension under regulation 176 after reaching the age of 65.

(2) In the case of an Optant to whom paragraph (1) applies so much of the amount of the pension as is attributable to—

(a) the pensionable service and earnings that Optant is entitled to count under—

(i) regulation 260C,

(ii) regulation 260E (if any), and

(iii) this Section of the Scheme on or after 1st April 2008 but before reaching the age of 65; and

(b) any contributions paid under regulations 165, 167 or 168 before reaching that age,

shall be increased in accordance with paragraph (4).

• This is subject to paragraph (6).

(3) In paragraph (2) the reference to the amount of the pension is to the amount of pension—

(a) before that pension had been reduced in accordance with regulation 260K; and

(b) before any commutation under regulation 185.

(4) The amount of the increase referred to in paragraph (2) must be calculated in accordance with guidance and tables provided by the Scheme actuary to the Department for the purposes of this regulation.

(5) In preparing that guidance and those tables the Scheme actuary must use such factors as the Scheme actuary considers appropriate, having regard, in particular, to—

(a) the period after reaching the age of 65 before the Optant becomes entitled to immediate payment of the pension; and

(b) the life expectancy of the Optant.

(6) The increase shall apply to the Optant’s pension in place of the actuarial increase that, apart from this regulation, would otherwise apply to the Optant’s pension under regulation 178.]

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