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

Qualifying serviceN.I.

This section has no associated Explanatory Memorandum

22.—(1) The qualifying service of a member (M) is the aggregate of the following periods—

(a)M's pensionable service, except service mentioned in regulation 20(1)(c);

(b)a transfer in period;

(c)a transferred undertaking period;

(d)a period treated as qualifying service by virtue of paragraph (6);

(e)a period of relevant pensionable service in a connected scheme; and

(f)a period of service in respect of which M is a pensioner member in this scheme.

(2) In determining a period of pensionable service for the purposes of paragraph (1)(a), paragraph (b) of regulation 20(2) must be ignored.

(3) A transfer in period is the period equal to M's period as an active member in another occupational pension scheme (including a connected scheme) in relation to which a transfer value in respect of M's rights under the scheme has been accepted under Part 7 (Transfers).

(4) A transferred undertaking period is the period of employment that qualified M for rights under another occupational pension scheme where—

(a)M became an active member of this scheme on the transfer of M's employment to a new employer as the result of a transfer of undertaking to that employer; and

(b)no transfer payment in respect of those rights has been accepted under Part 7.

(5) Paragraph (6) applies if M is employed on a casual basis or is a locum practitioner and, for a period not exceeding 3 months—

(a)M ceases to pay contributions because of a break not exceeding that period in the employment in which M is an active member, but before the end of the period M re-enters the employment on the same basis as before the break, or

(b)M is not engaged as such a practitioner and so is not treated as being in pensionable service, but before the end of the period M is re-engaged as such a practitioner.

(6) The period mentioned in paragraph (5) is treated as a period when M continues to be in qualifying service and—

(a)M is not required to re-join the scheme on re-entering the employment or on being re-engaged; and

(b)if M is engaged as a locum practitioner, the period does not count as pensionable service as a practitioner.

(7) Relevant qualifying service in a connected scheme is service that counts for the purposes of—

(a)regulation 5 of the 1995 Regulations;

(b)regulation 10 and 141 of the 2008 Regulations.

Modifications etc. (not altering text)