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

Dual capacity membership N.I.

65.—(1) This paragraph applies if a member is—

(a) a member of the Scheme of two or more of the kinds specified in paragraph (2),

(b) a pensioner member in respect of two or more pensions, or

(c) a deferred member in respect of two or more pensions.

(2) The kinds of member are—

(a) an active member [F1 or a non-contributing member] ,

(b) a deferred member,

(c) a pensioner member, and

(d) a pension credit member.

(3) If paragraph (1) applies, the general rule is that—

(a) benefits are payable to the member under this Chapter (or to any person to whom the member has opted to allocate pension under regulation 62) as if the member were two or more members of the kinds in question (so that two or more pensions or lump sums are payable in respect of the one member), and

(b) the amounts payable are determined accordingly.

(4) The rule in paragraph (3) is subject to any indication to the contrary and, in particular, does not affect the interpretation of—

(a) regulation 7(3) (45 year limit),

(b) regulation 49(9) in a case where a member is both an active member [F2 or a non-contributing member] and a pensioner member by virtue of that regulation,

(c) regulation 56 (option to have periods of service treated separately where pay is reduced),

(d) regulation 111 (exception to general rule in regulation 110 about separate treatment of pay and service),

(e) regulation 112 (effect of re-employment on tier 2 ill-health pensions),

(f) regulation 113 (re-employed tier 1 ill-health pensioners),

(g) regulation 114 (deferred pension becoming payable during HSC re-employment as a result of a transfer of undertaking), or

(h) Chapter 8 (abatement).

(5) If a person who is a pension credit member is entitled to two or more pension credits—

(a) benefits are payable to the person under the Scheme (or to any person to whom the member has opted to allocate pension under regulation 62) as if the person were two or more persons, each being entitled to one of the pension credits (so that two or more pensions or lump sums are payable to the one pension credit member), and

(b) the amounts of those benefits are determined accordingly.

Textual Amendments

F1 Words in reg. 65(2)(a) 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), 33

F2 Words in reg. 65(4)(b) 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), 33