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The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008
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Changes over time for: Section 35
Version Superseded: 02/04/2023
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Effect of member being absent or leaving and rejoining [F1this Section of] the Scheme during the contribution option periodN.I.
35.—(1) This paragraph applies if during the contribution option period a member who has exercised the option under regulation 34 is absent from work because of—
(a)illness or injury,
(b)maternity leave,
(c)adoption leave,
(d)paternity leave,
(e)parental leave, [F2shared parental leave,] F3...
(f)a leave of absence of the kind mentioned in regulation 9(3) [F4, or]
[F5(g)parental bereavement leave.]
(2) If paragraph (1) applies—
(a)the contributions under the option continue to be payable unless the member ceases paying contributions under regulation 27, and
(b)where the member does so cease, the member may continue to make contributions in accordance with the option if the member resumes making contributions under regulation 27 before the end of the period of 12 months beginning with the day on which the member first ceased to pay those contributions.
(3) This paragraph applies if—
(a)a member exercises the option under regulation 34,
(b)the member ceases to be an active member during the contribution option period, and
(c)the member becomes an active member again before the end of the period of 12 months beginning with the day on which the member ceased to be an active member.
(4) If paragraph (3) applies, the member may continue to make contributions in accordance with the option after becoming an active member again unless a repayment of contributions has been made to the member under regulation 44.
(5) For the purposes of paragraph (4) it does not matter whether the member has paid any of the repaid contributions back to the Department.
Textual Amendments
F1Words in reg. 35 heading inserted (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), reg. 1(2), Sch. 2 Pt. 1
F2Words in reg. 35(1)(e) inserted (with effect in accordance with reg. 1(3) of the amending Rule) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 9
F3Word in reg. 35(1)(e) omitted (6.4.2022) by virtue of The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2022 (S.R. 2022/168), regs. 1, 15(5)(a) and (3.10.2022) by virtue of The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/236), regs. 1(1), 15(5)(a) (with regs. 28-34)
F4Word in reg. 35(1)(f) substituted (6.4.2022) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2022 (S.R. 2022/168), regs. 1, 15(5)(b) and (3.10.2022) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/236), regs. 1(1), 15(5)(b) (with regs. 28-34)
F5Reg. 35(1)(g) inserted (6.4.2022) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2022 (S.R. 2022/168), regs. 1, 15(5)(c) and (3.10.2022) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/236), regs. 1(1), 15(5)(c) (with regs. 28-34)
Modifications etc. (not altering text)
C1Regs. 34-41 applied (with modifications) (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), regs. 1, 23(2)(a)(3)(b)(i)
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