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

Amendment of regulation 21

10.—(1) Regulation 21 (Eligibility: general)(1), is amended as provided by paragraphs (2) and (3).

(2) In paragraph (1), after “Scheme” insert “on or after 1st April 2015”.

(3) For paragraphs (3) to (6), substitute—

“(3) Condition B is that the person—

(a) enters HSC employment on or after 1st April 2008 and has service (“relevant service”) as an active member of this Section of the scheme—

(i) on or before 1st April 2012, or

(ii) after 1st April 2012, but only where that service is pursuant to the provisions of Chapter 10;

(b) has not had a break in service for any one period of five years or more ending in the period starting on 2nd April 2012 and finishing on 1st April 2015; and

(c) meets all of the “other Section conditions” (see paragraph (5)).

(4) Condition C is that the person has not reached the age of 75 and was born on, or before, 31st August 1960.

(5) The “other section conditions” are that—

(a) the person has not received a repayment of contributions under regulation 44 (Repayment of contributions) in respect of their relevant service;

(b) the person’s rights under this Section of the Scheme in respect of their relevant service have not been extinguished under regulation 99;

(c) the person is not entitled to a repayment of contributions under regulation 44 by virtue of paragraph (2)(a) to (c) of that regulation.

(6) A person—

(a) who—

(i) was in pensionable employment on 31st March 2012 but ceased to be so after that date, or

(ii) ceased HSC employment before 1st April 2012,

and is not the subject of a direction made under Article 12 of the Superannuation (Northern Ireland) Order 1972(2),

(b) who would, if paragraph (a) did not apply, fall within regulation 22(1B) to (1G), and

(c) to whom the Treasury’s guidance “Fair Deal for staff pensions: staff transfer from central government”(3) applies,

may, if the Department considers it appropriate and makes a direction under Article 12 of the Superannuation (Northern Ireland) Order 1972, be a member of this Section of the scheme.”.

(1)

Regulation 21 as amended by S.R. 2009 No.65, regulation 29; S.R. 2010 No.22, regulation 20 and S.R. 2010 No.286, regulation 19

(2)

1972/1073 (N.I. 10)

(3)

ISBN 978-1-909790-36-0, PU1571 Copies are available at https://www.gov.uk/government/publications/fair-deal-guidance and from The Correspondence and Enquiry Unit, HMT, 1 Horse Guards Road, London, SW1A 2HQ.