The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009

Amendment of regulation 153

58.—(1) Regulation 153(5) (Eligibility: general), is amended as provided by paragraphs (2) and (3).

(2) In sub-paragraph (d) omit the words from “but this sub-paragraph” to “the 1995 Regulations”.

(3) After sub-paragraph (d) add—

“(e) the person—

(i) ceased to be an active member of the HPSS Superannuation Scheme 1995 on leaving HSC employment,

(ii) became a deferred member of that Scheme on leaving that employment and has not become a pensioner member of that Scheme between the date of leaving that employment and joining the Scheme, and

(iii) re-entered HSC employment on or after 1st October 2008 and 5 or more years since last leaving HSC employment; or

(f) the person—

(i) ceased to be an active member of the HPSS Superannuation Scheme 1995 before 1st April 2008 on leaving HSC employment,

(ii) became a deferred member of that Scheme on leaving that employment,

(iii) re-entered HSC employment on or after 1st October 2008 and 5 or more years since last leaving HSC employment, and

(iv) before the person re-entered such employment—

(aa) a transfer payment was made in respect of the person under Part VI of that Scheme, or

(bb) the person made an application under regulation 54 of that Scheme (Exercising a right to transfer or buy-out) from which the person may not withdraw,

but sub-paragraphs (d) to (f) will not apply if the Department has permitted such a person to rejoin the HPSS Superannuation Scheme 1995 in the circumstances described in regulation 7(3) of the 1995 Regulations .”.