The Health and Personal Social Services (Superannuation) (Amendment) Regulations (Northern Ireland) 1997

Insertion of new regulation 9A of the principal Regulations

4.  After regulation 9 of the principal Regulations there shall be inserted the following regulation:—

“Opting into the Scheme: Mis-sold Pensions

9A.— (1) This regulation shall apply to a person who, during any period:—

(a) was eligible to be an active member of the scheme;

(b) opted out of the scheme under regulation 9(1) and instead made contributions to a personal pension scheme; and

(c) has suffered loss as the result of a contravention which is actionable under section 62 of the Financial Services Act 1986.

(2) Where, at any time, a person to whom this regulation applies elects to join or rejoin the scheme under regulation 9(5), there shall, if the Department so determines, be counted as superannuable service in respect of that person a period equal to the aggregate of—

(a) his additional period of superannuable service as approved by the Department for the purposes of regulation 62A(2)(i); and

(b) his “transferred-out service”, if any, within the meaning of regulation 62A(5),

provided there has been paid to the Department in respect of that person a transfer payment calculated in accordance with regulation 62A.

(3) Where, at any time, a person to whom this regulation applies elects to join or rejoin the scheme under regulation 9(5) but dies in superannuable employment or becomes entitled to benefits under Part III of these Regulations before the transfer payment referred to in paragraph (2) has been paid to the Department in respect of him, paragraph (2) shall continue to apply in the case of that person.

(4) In this regulation—

“active member” means a person who is in superannuable employment under the scheme; and

“personal pension scheme” has the meaning given by section 1 of the Pension Schemes (Northern Ireland) Act 1993(1).”

(1)

1993 c. 49