The Teachers' Pension Scheme Regulations (Northern Ireland) 2014

CHAPTER 2 N.I. Application for payment of benefits

Application for payment of age retirement pension N.I.

29.—(1) An application by a transition member (P) for payment of an age retirement pension under this scheme is also an application for payment of an age retirement pension in respect of P's pensionable service under the existing scheme.

(2) A transition member (P) who has not reached normal pension age under this scheme [F1 and who has ceased being in pensionable service in this scheme] may apply under regulation 162 for payment of age retirement benefits in respect of P's pensionable service under the existing scheme without applying for payment of P's retirement benefits in respect of pensionable service under this scheme.

Textual Amendments

F1 Words in Sch. 3 para. 29(2) inserted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 19

Application for payment of phased retirement pension N.I.

30.—(1) A transition member (P) who makes a phased retirement application under this scheme may elect to receive phased retirement benefits—

(a) in respect of pensionable service under the existing scheme only;

(b) in respect of pensionable service under this scheme only; or

(c) in respect of pensionable service under both the existing scheme and this scheme.

(2) P's application for phased retirement benefits in respect of pensionable service under both the existing scheme and scheme may specify a different phased retirement proportion for each scheme.

Application for payment of premature retirement pension N.I.

31.  A transition member (P) who applies for payment of a premature retirement pension under this scheme will receive any benefits due to P in respect of P's pensionable service in the existing scheme [F2 in addition to] P's premature retirement pension payable under this scheme.

Textual Amendments

F2 Words in Sch. 3 para. 31 substituted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 20

Application for payment of early retirement pension N.I.

32.  A transition member (P) who applies for payment of an early retirement pension under this scheme will receive any benefits due to P in respect of P's pensionable service in the existing scheme [F3 in addition to] P's early retirement pension payable under this scheme.

Textual Amendments

F3 Words in Sch. 3 para. 32 substituted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 20

Application for payment of ill-health pension N.I.

33.—(1) A transition member (P) will receive any benefits payable under this scheme as part of P's ill-health pension payable under the existing scheme if—

(a) P applies before P's transition date for payment of an ill-health pension, and

(b) P's application is successfully determined F4 ....

[F5 (2) If P makes an application for payment of an ill-health pension on or after P’s transition date, which is successfully determined before P’s normal pension age in the existing scheme—

(a) before P’s normal pension age in the existing scheme, P will receive under this scheme an amount equivalent to any benefits due to P in respect of P’s pensionable service in this scheme and in the existing scheme, in accordance with paragraph 33A;

(b) from P’s normal pension age in the existing scheme, P will receive, in accordance with paragraph 33B—

(i) under the existing scheme, any benefits due to P in respect of P’s pensionable service in the existing scheme; and

(ii) under this scheme, any benefits due to P in respect of P’s pensionable service in this scheme.]

Textual Amendments

F4 Words in Sch. 3 para. 33(1)(b) omitted (1.4.2015) by virtue of The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 21(a)

F5 Sch. 3 para. 33(2) substituted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 21(b)

[F6 Transition member who has not reached normal pension age under the existing scheme N.I.

33A.— (1) This paragraph applies in relation to a transition member (P) who—

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

(b) has not reached normal pension age under the existing scheme.

(2) If this paragraph applies—

(a) an ill-health pension is not payable to P under the existing scheme until P’s normal pension age in that scheme; and

(b) an ill-health pension is payable to P under this scheme, determined in accordance with sub-paragraph (3).

(3) If this paragraph applies, the following are payable to P—

(a) an ill-health pension, the annual rate of which is the sum of—

(i) P’s annual rate of ill-health pension calculated under regulation 113 (annual rate of ill-health pension) of these Regulations;

(ii) the annual rate of retirement pension that would, if P was entitled to payment of an ill-health pension under the existing scheme, be payable to P under the existing scheme regulations, excluding any total incapacity pension payable under regulation E8A (total incapacity benefit where application received on or after 6 April 2007) of the existing scheme and adjusted following any election by P under regulation E6A of those regulations (lump sum in place of part of pension); and

(iii) the annual rate of total incapacity pension, if any, payable under regulation 116 (entitlement to total incapacity pension) of these Regulations;

(b) (i) any lump sum payable to P under regulation 168 (commutation of part of pension) of these Regulations; and

(ii) the amount of any lump sum that would have been payable to P had P been entitled to payment of an ill-health pension under the existing scheme, including any lump sum payable under regulation E6A (lump sum in place of part of pension) of the existing scheme regulations, if P makes such an election.

(4) P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension which P would have received, had P been entitled to payment of an ill-health pension under the existing scheme in accordance with the existing scheme regulations.

(5) If—

(a) a transfer of benefits takes place from the existing scheme prior to the existing scheme normal pension age, P’s entitlement to the pension payable under sub-paragraph (3)(a)(ii) comes to an end;

(b) a phased or an early retirement pension with actuarial adjustment is taken under Part E (benefits) to the existing scheme regulations, the pension payable under sub-paragraph (3)(a)(ii) is reduced by an amount equivalent to the value of—

(i) any phased retirement benefits taken from the existing scheme, including any a lump sum;

(ii) any early retirement pension with actuarial adjustment from the old scheme, including any lump sum.

(6) If this paragraph applies, P may not apply under the existing scheme for retirement benefits under Case G as provided in regulation E4 (entitlement to payment of retirement benefits) of the existing scheme regulations.

Textual Amendments

F6 Sch. 3 paras. 33A, 33B inserted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 22

Transition member in receipt of an ill-health pension who has reached normal pension age under the existing scheme N.I.

33B.— (1) This paragraph applies in relation to a transition member (P) in receipt of an ill-health pension in accordance with paragraph 33A.

(2) When P reaches normal pension age under the existing scheme, the benefit which is payable under paragraph 33A in respect of P’s service in the existing scheme ceases to be payable under this scheme, and becomes payable under the existing scheme, in accordance with the existing scheme regulations.

(3) In calculating the annual rate of pension payable under the existing scheme for the purposes of sub-paragraph (2), the following are taken into account—

(a) any lump sums paid out, under the existing scheme or this scheme, including by an election under regulation E6A (lump sum in place of part of pension) or by commutation under regulation E19 (commutation: exceptional circumstances of ill-health) or regulation E19A (commutation: trivial pensions) of the existing scheme regulations;

(b) any transfer payment made to another scheme before the member reached normal pension age under the existing scheme.

(4) Before the payments in sub-paragraph (3)(a) and (b) are taken into account, they must be increased by the amount by which the annual rate of a retirement pension of that amount would have been increased under the Pensions (Increase) Act (Northern Ireland) 1971 if—

(a) that pension was eligible to be so increased; and

(b) the entitlement day for that pension was the date P’s ill-health pension became payable under this scheme.]

Textual Amendments

F6 Sch. 3 paras. 33A, 33B inserted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 22

Entitlement to payment of total incapacity pension N.I.

34.—(1) Save as provided in sub-paragraph (2), a transition member (P) is not entitled to payment of total incapacity benefits under regulation E8A of the Superannuation Regulations.

(2) P may receive payment of total incapacity benefits under the existing scheme rules if—

(a) before P's transition date, P makes an application under regulation E8A of the Superannuation Regulations which is not determined by the transition date;

(b) P's application is successfully determined after the transition date; and

(c) P has not made a subsequent application under regulation 162 for payment of total incapacity benefits.

Entitlement to payment of a short-service serious ill-health grant N.I.

35.—(1) Save as provided in this paragraph, a transition member (P) is not entitled to payment of a short-service incapacity grant under regulation E17 of the Superannuation Regulations.

(2) P may receive payment of a short-service serious ill-health grant under the existing scheme rules if—

(a) before P's transition date, P makes an application under regulation E17 of the Superannuation Regulations which is not determined by the transition date;

(b) P's application is successfully determined after the transition date; and

(c) P has not made a subsequent application under regulation 162 for payment of a short-service serious ill-health grant.

(3) The amount of the payment of a short-service serious ill-health grant payable under sub-paragraph (2) is calculated under regulation 122.

Application for payment of a surviving adult pension N.I.

36.—(1) When the surviving adult of a transition member applies for payment of a surviving adult pension under this scheme, the surviving adult must also apply for payment of an adult pension under the existing scheme.

(2) The enhancement of a surviving adult pension is applied only under regulation 145.

Calculation of a surviving adult pension of a surviving adult of a transition member N.I.

37.—(1) This paragraph applies to a surviving adult pension payment to a surviving adult of a transition member.

(2) .The short-term rate of surviving adult pension—

(a) is payable under this scheme; but

(b) is not payable under regulation E28 of the Superannuation Regulations.

Long-term rate of a surviving adult pension of a surviving adult of a transition member N.I.

38.  The rate of a surviving adult pension of a surviving adult (S) of a transition member is the sum of—

(a) The surviving adult pension under this scheme;

(b) The adult pension under the existing scheme; and

(c) any enhancement S is entitled to under regulation 145.

Reduction of surviving adult pension N.I.

39.—(1) This paragraph applies if the surviving adult (S) of a transition member applies—

(a) for payment of a surviving adult pension under this scheme; and

(b) for payment of an adult pension under the existing scheme.

(2) When this paragraph applies, the Department may determine after taking advice from the scheme actuary if S's enhancement of a surviving adult pension under regulation 145 is to be reduced.

Application for payment of an additional (surviving adult) pension N.I.

40.  When the surviving adult of a transition member applies for payment of an additional (surviving adult) pension under this scheme, the surviving adult must also apply for payment of an additional pension under the existing scheme.

Application for payment of a child pension N.I.

41.—(1) When the eligible child of a transition member applies for payment of a child pension under this scheme, the eligible child must also apply for payment of a child pension under the existing scheme.

(2) The enhancement of a child pension is applied only under regulation 152.

Calculation of a child pension of an eligible child of a transition member N.I.

42.—(1) This paragraph applies to a child pension payment to a child of a transition member.

(2) The short-term rate of child pension—

(a) is payable under this scheme; but

(b) is not payable under regulation E24 of the Superannuation Regulations.

Rate of a child pension of an eligible child of a transition member N.I.

43.  The long-term rate of a child pension of an eligible child (C) of a transition member is the sum of—

(a) the child pension under this scheme;

(b) the child pension under the existing scheme; and

(c) any enhancement C is entitled to under regulation 152.

Reduction of child pension N.I.

44.—(1) This paragraph applies if the eligible child (C) of a transition member applies—

(a) for payment of a child pension under this scheme; and

(b) for payment of a child pension under the existing scheme.

(2) When this paragraph applies, the Department may determine after taking advice from the scheme actuary if C's enhancement of child pension benefits under regulation 152 is to be reduced.

Application for payment of a death in service grant N.I.

45.—(1) The beneficiary of a transition member (D) is not entitled to a death in service grant under regulation E20 of the Superannuation Regulations.

(2) The amount of the death in service grant paid under this scheme must be reduced by the amount of any retirement lump sum paid under regulation E4 of the Superannuation Regulations in respect of D's pensionable service under those Regulations other than one already recovered.

Application for payment of a death out of service grant N.I.

46.—(1) When the beneficiary of a transition member applies for payment of a death out of service grant under this scheme, the beneficiary must also apply for payment of a death out of service grant under the Superannuation Regulations.

(2) The amount of the death out of service grant paid under this scheme must be reduced by the amount of any retirement lump sum paid under regulation E4 of the Superannuation Regulations in respect of D's pensionable service under that scheme other than one already recovered.

Application for supplementary death grant N.I.

47.—(1) An application for a supplementary death grant by the beneficiary of a transition member is an application for a supplementary death grant under this scheme and under the existing scheme.

(2) Paragraph 28 (annual rate of pension) does not apply in respect of an application under this paragraph.

Application for payment of benefits for pension credit members N.I.

48.—(1) A [F7 pension credit member] (P) [F8 with pension credit rights in this scheme and the existing scheme] who has not reached normal pension age under the existing scheme when P applies for payment of a pension credit retirement pension under this scheme will receive [F9 under the existing scheme] payment of any benefits payable to (P) in respect of pensionable service under the existing scheme.

(2) If P applies for payment of a pension credit retirement pension after having reached normal pension age under the existing scheme, P may apply [F10 under this scheme] for payment F11 ... of a pension credit retirement pension in respect of pensionable service under—

(a) the existing scheme;

(b) this scheme; or

(c) the existing scheme and this scheme.

Textual Amendments

F7 Words in Sch. 3 para. 48(1) substituted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 23(a)(i)

F8 Words in Sch. 3 para. 48(1) inserted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 23(a)(ii)

F9 Words in Sch. 3 para. 48(1) inserted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 23(a)(iii)

F10 Words in Sch. 3 para. 48(2) inserted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 23(b)(i)

F11 Words in Sch. 3 para. 48(2) omitted (1.4.2015) by virtue of The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 23(b)(ii)