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

Option for 1995 Section members to convert to 2008 Section membership

39.—(1) This regulation applies to a person who, on 31st March 2015, was in pensionable service for the purposes of the 1995 Regulations but who on 1st April 2015 is not a person to whom the following provisions apply—

(a) paragraphs (5), (6) and, where paragraph (11) or (12) applies, paragraph (9) of regulation 8 of those Regulations(1); or

(b) regulation 27.

(2) A person to whom this regulation applies may give the Department a notice in writing electing that their pensionable service for the purposes of the 1995 Regulations be treated as if it were such service for the purposes of the 2008 Regulations.

(3) Paragraph (2) applies only to the extent that the person has not already received benefits under the 1995 Regulations in respect of their pensionable service for the purposes of those Regulations.

(4) For the purposes of this regulation, a notice—

(a) includes any notice that a person may have given the Department prior to 31st March 2015;

(b) has the same effect that a notice given pursuant to Chapter 10 of Parts 2 and 3 of the 2008 Regulations would have had prior to 31st March 2015; and

(c) must be received by the Department before 1st July 2015.

(1)

These paragraphs are inserted by paragraph 4 of Schedule 2