The Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014

Transition member who has not reached normal pension age under the PCSPS(NI)

29.—(1) This paragraph applies in relation to a transition member with continuity of service who—

(a) becomes entitled to an ill-health pension under this scheme; and

(b) has not reached normal pension age under the PCSPS(NI).

(2) If this paragraph applies—

(a) an ill-health pension and lump sum are not payable under the PCSPS(NI);

(b) an ill-health pension is payable under this scheme in accordance with this paragraph; and

(c) the member becomes a deferred member of the PCSPS(NI).

(3) If the member meets the lower tier payment threshold only, the annual rate of ill-health pension payable under this scheme is the sum of—

(a) the annual rate of a lower tier earned pension payable under this scheme;

(b) the annual rate of full retirement earned pension that would, if the member was entitled to payment of an ill-health pension under the PCSPS(NI), be payable to the member at normal pension age under the PCSPS(NI); and

(c) an amount of pension which is equivalent to the lump sum that would, if the member was entitled to payment of the lump sum, be payable to the member under—

(i) rule L.10(2) of Section I of the PCSPS(NI); or

(ii) rule 3.1(b) of Section II of that scheme.

(4) If the member meets the upper tier payment threshold, the annual rate of ill-health pension payable under this scheme is the sum of—

(a) the annual rate of a lower tier earned pension payable under this scheme;

(b) the annual rate of an upper tier top up earned pension payable under this scheme;

(c) the annual rate of full retirement earned pension that would, if the member was entitled to payment of an ill-health pension under the PCSPS(NI), be payable to the member at normal pension age under the PCSPS(NI); and

(d) an amount of pension which is equivalent to the lump sum that would, if the member was entitled to payment of the lump sum, be payable under—

(i) rule L.10(2) of Section I of the PCSPS(NI); or

(ii) rule 3.1(b) of Section II of that scheme.

(5) If, after the ill-health pension becomes payable under this paragraph, a transfer payment is made from the PCSPS(NI) in respect of the member’s rights under that scheme, the scheme manager must deduct from the amount of ill-health pension payable under this paragraph in respect of service in the PCSPS(NI) an amount which is equal to the value of the pension represented by that transfer payment.

(6) If the full retirement account specifies an amount of full retirement added pension of any description, the following pensions are payable with the lower tier earned pension—

(a) the annual rate of full retirement added pension of that description payable under this scheme; and

(b) the annual rate of full retirement added pension that would, if the member was entitled to payment of an ill-health pension under the PCSPS(NI), be payable to the member with that pension under the PCSPS(NI).

(7) The amount of pension payable under this paragraph which represents the amount that would have been payable under the PCSPS(NI) is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension to which the member would have been entitled under the PCSPS(NI) in accordance with the rules of that scheme.

(8) In this paragraph—

(a) a reference to the annual rate of a full retirement earned pension payable under the PCSPS(NI) means the annual pension payable under the following provisions–

(i) if the member was an active member of Section I of the PCSPS(NI) before becoming an active member of this scheme, rule D1 of that Section;

(ii) if the member was an active member of Section II of the PCSPS(NI) before becoming an active member of this scheme, rules 3.1 to 3.3a of that Section;

(iii) if the member was an active member of Section III of the PCSPS(NI) before becoming an active member of this scheme, rule E.2 of that Section;

(b) a reference to full retirement added pension payable under the PCSPS(NI) means added pension payable under the following provisions–

(i) if the member was an active member of Section I of the PCSPS(NI) before becoming an active member of this scheme, rule C1.11 of that Section;

(ii) if the member was an active member of Section II of the PCSPS(NI) before becoming an active member of this scheme, rule 14.13 of that Section;

(iii) if the member was an active member of Section III of the PCSPS(NI) before becoming an active member of this scheme, rule E.2 of that Section; and

(c) a reference to an ill-health pension payable under the PCSPS(NI) means a pension payable under the following provisions–

(i) if the member was an active member of Section I of the PCSPS(NI) before becoming an active member of this scheme, rule D4 of that Section;

(ii) if the member was an active member of Section II of the PCSPS(NI) before becoming an active member of this scheme, rules 3.4 to 3.7 of that Section;

(iii) if the member was an active member of Section III of the PCSPS(NI) before becoming an active member of this scheme, rules E.7 to E.9 of that Section.