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

Normal retirement pensions N.I.

45.—(1) Subject to paragraph (2), regulation 57 (exceptions to requirement that HSC employment must have ceased) and the following provisions of this Part, the general rule is that a member is entitled to a pension payable for life in respect of any period of pensionable service (“ the relevant service”) if the member—

(a) has reached the age of 65, and

(b) either—

(i) has ceased to be employed in HSC employment and has claimed payment of the pension, or

(ii) will reach the age of 75 on the next day.

(2) A person to whom paragraph (1) applies is not entitled to a pension under this regulation unless—

(a) the member is entitled to count at least 2 years of qualifying service in respect of the relevant service, or

(b) a transfer value payment has been accepted by the Scheme during the relevant service under Chapter 6 (transfers), otherwise than from an occupational pension scheme,

(c) the member is entitled to a pension under this regulation in respect of any previous period of pensionable service, or

(d) the member has reached the age of 65.

(3) A pension to which a member is entitled under this regulation becomes payable immediately the member becomes entitled to it.

(4) The amount of the annual pension payable under this regulation (disregarding any additional pension) is given by the formula—

where—

RP is the member's reckonable pay, and

LRS is the length of the member's relevant service, expressed in days.

(5) A claim referred to in paragraph (1)(b)(i) and made in accordance with regulation 125, takes effect from the date the claim is received by the Department.

(6) This regulation does not apply to pensions derived from pension credit rights.

[F1 (7) In the case of a 2008 Section Optant, this regulation is subject to regulation 136L.]

Textual Amendments

F1 Reg. 45(7) 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), 28