The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

Application of Chapter N.I.

100.—(1) This Chapter applies if—

(a) a person who is a pensioner member of this scheme is employed in HSC employment;

(b) the pensioner member's employment is not employment to which the pensioner member was transferred as a result of a transfer of an undertaking to the pensioner member's employer;

(c) the pensioner member's pension is a pension under—

(i) regulation 89,

(ii) regulation 93, or

(iii) regulation 80; and

(d) the pensioner member has not reached normal pension age.

(2) In this Part “HSC employment” includes—

(a) employment in which a person of a category or description listed in Schedule 6 is engaged if the scheme manager has made a determination under section 25(5) of the 2014 Act in respect of the person; and

(b) employment to which a corresponding health service scheme applies.

(3) In this Chapter—

(a) a person to whom this Chapter applies is referred to as an “employed pensioner”;

(b) the pension to which the employed pensioner is entitled is referred to as the “old service pension”;

(c) the employment in respect of which the pension is payable is referred to as the “old employment”;

(d) the employment in which the employed pensioner is employed is referred to as the “new employment”.

(4) For the purposes of this Chapter it is immaterial whether or not the employed pensioner is an active member of this scheme in the new employment.

(5) This paragraph applies to a person who is not eligible to be an active member of this scheme on the effective date and remains ineligible to be such a member.

(6) This paragraph applies to a person who exercises an option not to re-join this scheme which takes effect from the effective date and has not been cancelled.

(7) This paragraph applies to a person who—

(a) is not eligible to re-join this scheme on the effective date;

(b) becomes eligible to do so on the day immediately after the first anniversary of the person entering HSC employment in accordance with regulation 94(5)(b) (the eligibility day); and

(c) exercises an option not to re-join this scheme that takes effect from the eligibility day which has not been cancelled.

Modifications etc. (not altering text)

C1 Reg. 100(1) modified (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), regs. 1, 36(1)(a), 37(1)(a)