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

[F1 Transitional Provision: Treatment of additional service and pensionable earnings in respect of Optants retiring on the grounds of ill Health N.I.

(1) This regulation applies to a 2008 Section Optant who, apart from this regulation, would be entitled to count a period of pensionable service determined in accordance with paragraph (3) of regulation 260E.

(2) If—

(a) an Optant referred to in paragraph (1) submitted a form AW33 (or such other form as the Department was willing to accept) together with supporting medical evidence if not included on the form pursuant to regulation 13A of the 1995 Regulations (Ill-health pension on early retirement);

(b) that form and supporting medical evidence was received by the Department before the end of a period of one year commencing on the date on which the Optant commenced payment for a period of additional service under regulation 72 of the 1995 Regulations as modified by paragraph 20 of Schedule 2 to those Regulations (Paying for additional service or unreduced retirement lump sum by regular additional contributions); and

(c) following a consideration of the form and medical evidence referred to in (a) that Optant becomes entitled to a tier 1 or tier 2 ill-health pension under regulation 182 within a period of one year beginning with the day on which the Optant’s option to join this Section of the Scheme is received,

that Optant will not be entitled to count a period of pensionable service under regulation 260E and—

(i) an amount equal to the contributions (less any tax that may be payable) made by the Optant in respect of that period of additional service shall be returned to the Optant in accordance with regulation 73(2) of the 1995 Regulations (Part payment for additional service or unreduced retirement lump sum), and

(ii) paragraph (8) of regulation 260E will not apply.

(3) If—

(a) an Optant referred to in paragraph (1) submitted a form AW33 (or such other form as the Department was willing to accept) together with supporting medical evidence (if not included on the form) pursuant to regulation 13A of the 1995 Regulations;

(b) that form and supporting medical evidence was received by the Department after a period of at least one year commencing on the date on which the Optant commenced payment for a period of additional service under regulation 72 of the 1995 Regulations; and

(c) following a consideration of the form and medical evidence referred to in (a) that Optant becomes entitled to a tier 1 or tier 2 ill-health pension under regulation 182 within a period of one year beginning with the day on which the Optant’s option to join this Section of the Scheme is received,

in addition to the pensionable service that Optant is entitled to count under regulation 260E, that Optant shall also be entitled to count a period of pensionable service determined under paragraph (4).

(4) The period of pensionable service that an Optant is entitled to count under this regulation shall be a period of service equal to the difference between—

(a) the period of service the Optant is entitled to count under regulation 260E; and

(b) the period of service the Optant elected to purchase under regulation 67 of the 1995 Regulations as modified by paragraph 20 of Schedule 2 to those Regulations calculated in accordance with regulation 73(3) of the 1995 Regulations as modified by paragraph 20 of Schedule 2 to those Regulations and as if the member had become entitled to a pension under regulation 13A of those Regulations on the day the Department received that person’s option to join this Section of the Scheme.

(5) For the purposes of calculating the Optant’s benefits under this Section of the Scheme, the pensionable service the Optant is entitled to count under paragraph (4) will be added to the service the member is entitled to count under regulation 260C(3).]

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