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The Health and Personal Social Services (Superannuation) (Amendment) Regulations (Northern Ireland) 2008

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Amendment of regulation 85

57.—(1) Regulation 85 (Reduction of pension on return to HPSS employment) is amended as provided by paragraphs (2) to (5).

(2) For paragraphs (1) and (1A), substitute—

(1) Subject to paragraph (15), this regulation applies to a member—

(a)until he attains the age of 60; and

(b)who is in receipt of a relevant pension; and

(c)who continues in, or subsequently returns to, HSC employment.

(1A) A relevant pension for the purpose of this regulation is a pension payable,—

(a)in respect of superannuable employment that ceased before 1st April 2008,—

(i)under any or regulations 13 to 14C (pensions on ill health retirement and redundancy), or

(ii)in accordance with regulation 49(2)(b) (Preserved pension); or

(b)in respect of superannuable employment that ceased on or after 1st April 2008,—

(i)any of regulations 13 to 14, or

(ii)in accordance with regulation 14A(2)(d)(ii) (Early retirement pension (termination of employment by employing authority)), or

(iii)except where paragraph (c) applies, in accordance with regulation 49(2)(b); or

(c)where the member is a special class officer—

(i)regulation 12 (Normal retirement pension), or

(ii)if regulation 75(3)(b) (Nurses, physiotherapists, midwives and health visitors) applies to the member, in accordance with regulation 49(2)(b)..

(3) For paragraph (3) substitute—

(3) If the relevant pension is one referred to in paragraph (1A)(a) or (c)—

(a)the member’s pension will be reduced by the appropriate amount;

(b)the appropriate amount is the difference between the member’s previous pay and the aggregate of—

(i)the amount of the member’s pension (including in that amount any amount by which that pension has been reduced pursuant to an election under regulation 17A), and

(ii)the amount of the member’s pay from HSC employment for any financial year after the pension becomes payable.

(3A) If the relevant pension is one referred to in paragraph (1A)(b), the member’s pension will be reduced in accordance with paragraphs (3B) to (3D) if Amount A exceeds the member’s previous pay.

(3B) The reduction in that member’s pension shall be equal to the difference between Amount A and the member’s previous pay, but shall not exceed Amount B.

(3C) For the purposes of paragraphs (3A) and (3B), Amount A is the aggregate of—

(a)the amount of the member’s pay from HSC employment for any financial year after the pension becomes payable; and

(b)Amount B.

(3D) For the purposes of paragraphs (3B) and (3C), Amount B is the difference between—

(a)the amount of the member’s pension (including in that amount any amount by which that pension has been reduced pursuant to an election under regulation 17A); and

(b)the amount of an actuarially reduced pension..

(4) In paragraph (14), in the appropriate place in alphabetical order insert—

“actuarially reduced pension” means such annual amount as the Department determines, after consulting the Scheme Actuary, to be the amount that would have been payable to the member (regardless of whether the member has reached normal minimum pension age or protected minimum pension age) if the member had become entitled to a pension—

(a)

calculated in accordance with regulation 16 (Early retirement pension (with actuarial reduction)) at the time he became entitled to a pension mentioned in paragraph (1A)(b), plus

(b)

any increases to that amount payable under Part I of the Pensions (Increase) Act (Northern Ireland) 1971 for that period;.

(5) For paragraph (15), substitute—

(15) This regulation does not apply to—

(a)practice staff in respect of whom a pension is payable under any of regulations 12 to 16 and 49 who were employed by a registered medical practitioner on both 31st August 1997 and 1st September 1997 and who—

(i)were ineligible to rejoin the scheme with effect from 1st September 1997; or

(ii)made an election not to rejoin the scheme with effect from that date and who have not cancelled that election; and

(b)members who are transferred into HSC employment as a result of a transfer of an undertaking to the employer..

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