PART 2N.I.BENEFITS FOR OFFICERS

CHAPTER 4N.I.MEMBERS' RETIREMENT BENEFITS

Entitlement to pensionsN.I.

Exceptions to requirement that HSC employment must have ceasedN.I.

57.—(1) A member is not prevented from becoming entitled to a pension under regulation 45 in respect of relevant service because of continuing in HSC employment if paragraph (2) [F1or (2A)] applies.

(2) This paragraph applies if—

(a)the member is an active member [F2or a non-contributing member] in the HSC employment and that employment is employment into which the member has been transferred as a result of a transfer of an undertaking to the employing authority, and

(b)the member is a deferred member in respect of pensionable service that ceased before the member commenced the employment referred to in sub-paragraph (a).

[F3(2A) This paragraph applies if the member [F4is not a non-contributing member and] is in employment with an employing authority in respect of which the member is eligible to join the 2015 Scheme and that member’s service in this Section does not qualify as, or has ceased to be, pensionable service to which paragraphs 1(2)(i) and (ii) or paragraphs 2(i) and (ii) of Schedule 7 (final salary link) to the 2014 Act applies.]

[F5(3) In paragraph (1), “relevant service” means—

(a)the pensionable service referred to in paragraph (2)(b) in respect of which the member is a deferred member; or

(b)the service in this Section referred to in paragraph (2A).]

(4) A member is not prevented from becoming entitled to a pension under regulation 55 in respect of pensionable service in an employment (“the old employment”) because of continuing in HSC employment if paragraph (5) applies.

(5) This paragraph applies if—

(a)before the termination of the old employment the member held two or more HSC employments concurrently, and

(b)the member elected to take benefits under regulation 55 only in respect of the old employment and to continue to accrue rights to benefits in respect of any continuing employments in which the member is an active member.

(6) For the effect of a pension becoming payable as a result of paragraph (2) [F1or (2A)] applying, see—

(a)Chapter 7 (re-employment and rejoining [F6this Section of] the Scheme),

(b)Chapter 8 (abatement).