51.—(1) This regulation provides for the application of regulations 49 and 50 if a person is an active member [F1or a non-contributing member] in two or more part-time employments held concurrently on the option day.
(2) Those regulations apply in relation to each of the employments as if it were the only employment held by the member on that day, but subject to the following modifications.
(3) In regulation 49(1) for sub-paragraph (d) substitute—
“(d)as a result of that change the sum of the annual rate of the member's pensionable pay in that employment and every other employment held by the member on the option day is reduced to 90% or less of the sum of—
(i)the member's pensionable pay in the employment during the period of 12 months ending with the option day, and
(ii)the member's pensionable pay during that period in every other employment held by the member on the option day.”
(4) In regulation 49(2)—
(a)after the words “paragraph (1)(d)” insert “ in the employment or any other employment referred to in that paragraph ”, and
(b)after the words “that period” insert the words “ in that employment ”.
(5) In regulation 50(1) for sub-paragraph (b) substitute—
“(b)as a result the annual rate of the member's pensionable pay in that employment is increased to more than 90% of the sum of—
(i)the member's pensionable pay in the employment during the period of 12 months ending with the option day, and
(ii)the member's pensionable pay during that period in every other employment held by the member on the option day.”
(6) In regulation 50(3)—
(a)after the words “paragraph (1)(b)” insert “ in the employment or any other employment referred to in that paragraph ”, and
(b)after the words “that period” insert the words “ in that employment ”.
(7) For regulation 50(4) substitute—
“(4) If, in the opinion of the Department, had the terms and conditions of the member's employment or any other such employment remained the same after the option day (apart from pensionable pay), the annual rate of pensionable pay for the employment as at the time of the change mentioned in paragraph (1)(a) would have exceeded the annual rate referred to in paragraph (1)(b)for that employment—
(a)paragraph (2)(a) does not apply, and
(b)this regulation applies as if paragraph (1)(b) referred to that annual rate instead of the actual annual rate.”.
(8) Where—
(a)a member's pension is abated in accordance with regulation 50(2)(a), in the circumstances described in regulation 50(1)(b), and
(b)the member's pensionable pay does not reduce in the manner described in regulation 50(1)(c),
the pension will (in any event) be payable by the Department when the member retires, or partially retires again, from pensionable employment or attains the age of 75 and in doing so the Department shall—
(i)have regard to any pensions already paid, including any lump sum paid as a result of the member exercising an option under regulation 58,
(ii)take advice of the Scheme actuary.
Textual Amendments
F1Words in reg. 51(1) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/188), regs. 1(2), 25