98.—[F1(1) The amount of the guaranteed cash equivalent transfer value payment is to be calculated and verified by the Department in accordance with the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996. This is subject to paragraphs (2), (3) and (5).
(2) Before determining the factors to be used in the calculation of the member’s guaranteed cash equivalent, the Department shall take advice from the Scheme actuary.]
(3) If, subject to paragraph (5), the amount calculated in accordance with paragraph (1) is less than the member's minimum transfer value (if any), the amount of the guaranteed cash equivalent transfer value payment is to be equal to that value instead.
[F2(4) In paragraph (3) “minimum transfer value” means—
(a)in the case of a person other than a 2008 Section Optant, the sum of—
(i)any transfer value payments that have been made to this Section of the Scheme in respect of the person as a result of which the person is entitled to count any pensionable service under this Section of the Scheme by reference to which the accrued rights subject to the transfer are calculated, and
(ii)any contributions paid by the person under Chapter 3 of this Part as a result of which the person is entitled to count such service;
(b)in the case of a 2008 Section Optant, the sum of—
(i)any transfer value payments that have been made to this Section of the Scheme in respect of the person as a result of which the person is entitled to count any pensionable service under this Section of the Scheme by reference to which the accrued rights subject to the transfer are calculated,
(ii)any contributions paid by the person under Chapter 3 of this Part as a result of which the person is entitled to count such service, and
(iii)the aggregate of any—
(aa)transfer value payments that have been made to the 1995 Section in respect of the Optant;
(bb)any contributions paid by the Optant under regulation 10 of the 1995 Regulations (Contributions by members) in respect of superannuable employment in that Section on or before 31st March 2008; and
(cc)any payments made by the Optant under regulation 67 of the 1995 Regulations (Right to buy additional service) for the purchase of additional service,
which entitle the Optant to count, under Chapter 10 of this Part, any pensionable service by reference to which the accrued rights subject to the transfer are calculated.]
(5) If the transfer value payment is made under the public sector transfer arrangements, the amount of the transfer value payment is calculated—
(a)in accordance with those arrangements rather than paragraphs (1) and (3), and
(b)by reference to the guidance and tables provided by the Scheme actuary for the purposes of this paragraph that are in use on the date used for the calculation.
[F3(6) In the case of a 2008 Section Optant, this regulation is subject to regulation 136L.]
Textual Amendments
F1Reg. 98(1)(2) substituted (with effect in accordance with reg. 1(3) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 39 (with reg. 89)
F2Reg. 98(4) substituted (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), 49(2)
F3Reg. 98(6) 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), 49(3)