The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 No. 256

PART 3 N.I. BENEFITS FOR PRACTITIONERS ETC.

[F1 CHAPTER 10 N.I. Section 2008 Optants

Textual Amendments

F1 Pt. 3 c. 10 added (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), regs. 1(2), 96

Miscellaneous provisions N.I.

Transfers in: transitional provision N.I.

(1) This regulation applies to a 2008 Section Optant who—

(a) commenced a period of superannuable service as a practitioner member in the 1995 Section on, or after, 1st April 2008; and

(b) within one year of the commencement of that service makes an application to transfer accrued rights to benefits to the 1995 Section under regulation 60 of the 1995 Regulations (Member’s right to transfer accrued rights to benefits to this Section of the Scheme).

(2) If—

(a) the Department accepts the transfer payment in respect of the application referred to in paragraph (1) in accordance with regulation 60(4) of the 1995 Regulations; and

(b) that payment is received by the Department before the day on which the person’s option to join this Section of the Scheme is received,

the increase to pensionable earnings that the Optant is entitled to count in respect of that transfer payment for the purposes of calculating benefits payable to or in respect of the Optant under this Section of the Scheme will be calculated as described in paragraph (4) and the period of pensionable service that Optant is entitled to count will be calculated as described in paragraph (5).

(3) If the transfer payment in respect of an application referred to in paragraph (1) is received by the Department on, or after, the day on which the person’s option to join this Section of the Scheme is received—

(a) the Department may accept that payment under this Section of the Scheme—

(i) without requiring the Optant to make an application under regulation 227, and

(ii) subject to such other conditions as the Department may require; and

(b) if the Department accepts the payment, the increase to pensionable earnings that the Optant is entitled to count in respect of that payment for the purposes of calculating benefits payable to or in respect of that Optant under this Section of the Scheme will be calculated as described in paragraph (4) and the period of pensionable service that Optant is entitled to count will be calculated as described in paragraph (5).

(4) The increase to pensionable earnings that the Optant is entitled to count for the purposes of calculating benefits payable to, or in respect of, the Optant under this Section of the Scheme—

(a) will be calculated in accordance with regulation 230;

(b) the financial year in which the member joined this Section of the Scheme for the purposes of regulation 230(2)(a) will be the financial year in which the Optant’s superannuable service referred to in paragraph (1) commenced;

(c) the starting day for the purpose of regulations 230(2)(b) and 230(4) will be the day that the member’s superannuable service referred to in paragraph (1) commenced.

• This is subject to paragraph (6).

(5) The period of pensionable service that the Optant is entitled to count for the purpose of determining whether or not the member has reached 45 years of pensionable service for the purposes of regulation 139 will be the relevant period calculated in accordance with regulation 229.

(6) If the transfer value payment is accepted by the Department under the public sector transfer arrangements—

(a) regulation 231 shall apply to the Optant in respect of the increase to pensionable earnings that the Optant is entitled to count under this regulation; and

(b) the reference in regulation 231(2) to the increase to pensionable earnings that the member is entitled to count under regulation 229(2)(a) shall be read as a reference to the increase to pensionable earnings the Optant is entitled to count under paragraph (4).

Amount of pension and lump sum be to be paid to a 2008 Section Optant N.I.

(1) This regulation applies to a 2008 Section Optant who—

(a) is entitled to an annual pension under Chapter 4 of this Part, or

(b) is entitled to the payment of a transfer value under Chapter 6 of this Part in respect of the pension that has accrued to or, in respect of, that Optant under this Section of the Scheme.

(2) In the case of a 2008 Section Optant referred to in paragraph (1)(a)—

(a) that Optant shall be entitled to the payment of a lump sum determined in accordance with whichever of the following paragraphs of this regulation that apply to that Optant; and

(b) the annual amount of pension referred to in paragraph (1)(a) to which that Optant is entitled, shall be reduced by an amount equal to the amount of the lump sum referred to in paragraph (a) divided by 12.

(3) In the case of a 2008 Section Optant referred to in paragraph (1)(b)—

(a) the transfer value shall be calculated by reference to a lump sum determined under paragraph (5); and

(b) the pension by reference to which, apart from this regulation, the transfer value in respect of that Optant would otherwise be calculated shall be reduced by an amount equal to the amount of the lump sum referred to in paragraph (a) divided by 12.

(4) Except in a case to which paragraph (6), (8), (10) or (12) applies, the amount of the lump sum shall be determined as described in paragraph (5).

• This is subject to paragraphs (13) and (15).

(5) The amount of lump sum shall be determined by—

(a) applying the formula—

and

(b) rounding down the amount found under sub-paragraph (a) to the nearest amount of whole pounds that is divisible by 12.

(6) In the case of an Optant—

(a) who becomes entitled to an annual amount of pension payable under regulation 179; and

(b) on the day the Optant becomes entitled to that pension the Optant has not attained age 60,

the amount of lump sum shall be determined as described in paragraph (7).

(7) The amount of lump sum that is to be paid to an Optant referred to in paragraph (6) shall be calculated by—

(a) applying the formula—

and

(b) rounding down the amount found under sub-paragraph (a) to the nearest amount of whole pounds that is divisible by 12.

(8) In the case of an Optant—

(a) who becomes entitled to an annual amount of pension payable under regulation 180 for the first time; and

(b) on the day the Optant becomes entitled to that pension the Optant has not attained age 60,

the amount of lump sum shall be determined as described in paragraph (9).

(9) The amount of lump sum that is to be paid to an Optant referred to in paragraph (8) shall be calculated by—

(a) applying the formula—

and

(b) rounding down the amount found under sub-paragraph (a) to the nearest amount of whole pounds that is divisible by 12.

(10) In the case of an Optant—

(a) who becomes entitled to an annual amount of pension payable under regulation 180 for the first time); and

(b) on the day the Optant becomes entitled to that pension the Optant has attained age 60,

the amount of lump sum shall be determined as described in paragraph (11).

(11) The amount of lump sum that is to be paid to an Optant referred to in paragraph (10) shall be calculated by—

(a) applying the formula—

and

(b) then rounding down the amount found under sub-paragraph (a) to the nearest amount of whole pounds that is divisible by 12.

(12) In the case of an Optant—

(a) who is a pensioner member as respects a pension payable under regulation 180 as described in paragraph (8)(a) of that regulation; and

(b) who—

(i) subsequently exercises an option under that regulation for the second or a final time, or

(ii) becomes entitled to any other pension under Chapter 4 of this Part in respect of pensionable service not taken into account for the purposes of calculating the pension payable under sub-paragraph (a),

the amount of lump sum shall be determined by the Department after taking advice from the Scheme actuary.

(13) If, on becoming a member of this Section of the Scheme, a 2008 Section Optant is a pension debit member the amount of the lump sum determined under this regulation shall be reduced by the amount calculated under paragraph (14) (“the pension debit reduction”).

(14) The amount of the pension debit reduction referred to in paragraph (13) shall be calculated by—

(a) applying the formula—

and

(b) rounding up the amount found in sub-paragraph (a) to the nearest amount of whole pounds that is divisible by 12.

(15) If any part of an Optant’s benefit under this Section of the Scheme falls to be calculated by reference to capped Optant pensionable earnings under regulation 260I the determinations in this regulation shall apply separately in respect of—

(a) the pension to which the Optant is entitled in respect of the pensionable earnings that falls to be calculated by reference to capped Optant pensionable earnings; and

(b) the pension to which the Optant is entitled in respect of the pensionable earnings that does not fall to be calculated by reference to capped Optant pensionable earnings.

(16) If the benefits of an Optant to whom this regulation applies are subject to the modifications provided for in Part 4—

(a) the amount of—

(i) the lump sum referred to in paragraph (2)(a) and in regulation 136L(2)(a), and

(ii) the reduction in the annual amounts of pension referred to in paragraph (2)(b) and in regulation 136L(2)(b),

will be calculated without regard to those modifications;

(b) if any pension included in the “reference amount” or, as the case may be, the “base amount” referred to in regulations 276(1) and 262 (respectively) and payable to a member under Part 4, will, on the member’s retirement, attract an immediate increase under the Pensions (Increase) Act (Northern Ireland) 1971;

(c) the amount of any lump sum referred to in sub-paragraph (a)(i) that is based on a pension that will attract an immediate increase under the Pensions (Increase) Act (Northern Ireland) 1971, will—

(i) be increased in like manner, and

(ii) give rise to a corresponding increase in the reduction to the corresponding annual amount of pension referred to in sub-paragraph (a)(ii); and

(d) the total of the amounts referred to in sub-paragraph (a)(i) and (a)(ii), together with any increases described in sub-paragraph (c), will apply to the “reference amount” or, as the case may be, the “base amount” referred to in regulations 276(1) and 262 (respectively) payable to a member under Part 4.

(17) For the purposes of this regulation—

• “1995 Section Pension Debit” is the amount by which the Optant’s annual pension under the 1995 Regulations was to be reduced in accordance with Article 28 of the 1999 Order;

• “annual amount”, in relation to a pension, means the amount of the annual pension to which the member would be entitled under this Section of the Scheme apart from this regulation, together with any increases payable under the Pensions (Increase) Act (Northern Ireland) 1971, calculated as at the time payment would first be due;

• “Increase Factor” is the factor that would have applied to the 1995 Section Pension Debit for the purposes of Article 26 of the 1999 Order if the Optant had become entitled to a pension under the 1995 Regulations—

  (a)

  on the date that the Optant becomes entitled to a pension referred to in paragraph (1)(a); or

  (b)

  on the day after the Optant’s last day of pensionable service if the Optant becomes entitled to the payment of a transfer value referred to in paragraph (1)(b);

• “Relevant Uprated Earnings” are the uprated earnings for the period of practitioner service (expressed in days) equal to the aggregate of—

  (a)

  the amount of uprated earnings for pensionable service that the Optant is entitled to count under regulation 260C; and

  (b)

  the amount of additional pensionable earnings for additional service (if any) that the Optant is entitled to count under regulation 260E;

• “Reduction Factor” is the reduction factor that the Department, after taking advice from the Scheme Actuary, determines would have applied to that Optant’s lump sum under regulation 17(7)(b) of the 1995 Regulations (Lump sum on retirement) if that Optant had become entitled to a pension calculated under regulation 16 (Early retirement pension (with actuarial reduction)) of those Regulations on the day he became entitled to a pension under regulation 179 or, as the case may be, regulation 180;

• “Specified Uprated Earnings” is the amount of the Optant’s Relevant Uprated Earnings multiplied by the percentage of the member’s pension in respect of which the member claims immediate payment under regulation 180(3)(a) (“the specified percentage”).

Modifications etc. (not altering text)

C1 Reg. 260K applied (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), regs. 1, 28(3)(b)(iii)

Nominations and notices accepted by the Department under the 1995 Regulations to apply under Chapter 5 of this Part of these Regulations N.I.

(1) This regulation applies if—

(a) the Department has accepted any of the nominations or notices specified in paragraph (2) in respect of the benefits to be paid on the death of a person who is a 1995 Section member; and

(b) on the day that the Department receives that person’s option to join this Section of the Scheme, that person has not revoked that nomination or notice.

(2) The nominations and notices referred to in paragraph (1) are—

(a) a nomination made in accordance with regulation 22 of the 1995 Regulations (Payment of lump sum) in favour of one or more persons in respect of any lump sum that becomes payable under regulations 18 to 21 of the 1995 Regulations (which deal with lump sum payments on the death of a member in different circumstances);

(b) a notice provided for the purposes of paragraph (3)(a) of regulation 22 of the 1995 Regulations that the person’s surviving partner (within the meaning of that regulation) is not to receive the payment of any lump sum that becomes payable under regulations 18 to 21 of the 1995 Regulations;

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purpose of this Section of the Scheme a nomination or notice referred to in paragraph (1) shall be treated—

(a) in the case of the nomination referred to in paragraph (2)(a), as if that nomination has been accepted by the Department as a notice for the purposes of regulation 214;

(b) in the case of a notice referred to in paragraph (2)(b), as if that notice had been accepted by the Department as a notice for the purposes of regulation 214 specifying that the Optants personal representatives are to receive any lump or pension on the death of the Optant; and

(c) in the case of a notice referred to in paragraph (2)(c), as if that notice had been accepted by the Department as a declaration for the purposes of regulation 195.

Textual Amendments

F2 Reg. 260L(2)(c) omitted (16.8.2022) by virtue of The Health and Social Care Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/196), regs. 1(2), 55

2008 Section Optants: Transitional Tier 2 ill-health pension N.I.

(1) This regulation applies to a 2008 Section Optant—

(a) who has submitted a form AW33 (or such other form as the Department was willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation 13A of the 1995 Regulations; and

(b) that form and supporting medical evidence was received by the Department before the date on which the Department received the Optant’s option to join this Section of the Scheme.

(2) If the Optant referred to in paragraph (1) becomes entitled to a pension under regulation 182(3) (“a tier 2 ill-health pension”) within a period of one year beginning with the day on which that Optant’s option to join this Section of the Scheme is received—

(a) that Optant’s pensionable service shall be increased by the enhancement period determined in accordance with paragraph (3) (“the transitional enhancement period”); and

(b) the transitional enhancement period shall apply to that Optant’s service in place of the enhancement period that, apart from this regulation, would otherwise apply to the Optant’s service under regulation 182(6).

• This is subject to paragraph (5).

(3) In this regulation—

(a) “the transitional enhancement period” means two-thirds of the Optant’s assumed pensionable service; and

(b) “the Optant’s assumed pensionable service” means the further pensionable service that the Optant could have counted if the Optant had continued in service until reaching the age of 60.

• This is subject to paragraph (4).

(4) If the transitional enhancement period determined under paragraph (3) is less than four years pensionable service, the transitional enhancement period by which the Optant’s pensionable service is increased shall be the lesser of—

(a) four years pensionable service; and

(b) the pensionable service the Optant could have counted if the Optant had continued in service until reaching the age of 60.

(5) In the case of an Optant to whom this regulation applies, references to the “enhancement period” in regulation 182 are to be read as references to the “transitional enhancement period” determined under this regulation.

Treatment of ill-health retirement applications made by 2008 Section Optants within one year of joining this Section N.I.

(1) This regulation applies to a 2008 Section Optant—

(a) who submits a form AW33 (or such other form as the Department is willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation 182; and

(b) that form and supporting medical evidence is received by the Department before the end of the period of one year commencing on the day the Department received the Optant’s option to join this Section of the Scheme.

(2) If, following a consideration of the form and medical evidence referred to in paragraph (1) an Optant referred to in that paragraph becomes entitled to a pension under regulation 182(3) (“a tier 2 ill-health pension”)—

(a) that Optant’s pensionable service shall be increased by the enhancement period determined in accordance with whichever of paragraph (3) or (4) of regulation 260M apply to the Optant; and

(b) the transitional enhancement period shall apply to that Optant’s service in place of the enhancement period that, apart from this regulation, would otherwise apply to the Optant’s service under regulation 182(6).

• This is subject to paragraph (3).

(3) In the case of an Optant to whom this regulation applies, references to the “enhancement period” in regulation 182 are to be read as references to the “transitional enhancement period” determined under this regulation.

Application of regulation 183 where a 2008 Section Optant has submitted an application for ill-health retirement under the 1995 Section N.I.

(1) This regulation applies to a 2008 Section Optant—

(a) who submitted a form AW33 (or such other form as the Department was willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation 13A of the 1995 Regulations (Ill-health pension on early retirement); and

(b) that form and supporting medical evidence was received by the Department before the date on which the Department received the Optant’s option to join this Section of the Scheme.

(2) If, following a consideration of the form and medical evidence referred to in paragraph (1), the Optant referred to in that paragraph becomes entitled to a pension under regulation 182(2) (“a tier 1 ill-health pension”)—

(a) within a period of one year beginning with the day on which that Optant’s option to join this Section of the Scheme is received; and

(b) immediately before joining this Section of the Scheme the Optant was notified under regulation 13B of the 1995 Regulations (Re-assessment of ill-health condition determined under regulation 13A) that the Optant may ask the Department to consider whether that Optant subsequently meets the tier 2 condition under that regulation,

that Optant shall be entitled to a re-assessment of entitlement to an ill-health pension determined under regulation 183 in accordance with the following paragraphs of this regulation.

(3) For the purposes of assessing whether the Optant satisfies the condition in regulation 182(3)(a) at the date of the Department’s review, “permanently” shall mean until age 60.

(4) If, after considering the further medical evidence provided by the Optant under regulation 183, the Department determines that the Optant meets the condition in 182(3)(a), then as from the date on which that determination is made the Optant—

(a) ceases to be entitled to a tier 1 ill-health pension; and

(b) becomes entitled to a tier 2 ill-health pension under regulation 182 but which shall be calculated in accordance in accordance with paragraph (5).

(5) For the purpose of calculating the tier 2 ill-health pension referred to in paragraph (4)—

(a) the Optant’s service shall be increased by the transitional enhancement period determined in accordance with whichever of paragraphs (3) or (4) of regulation 260M apply to that Optant; and

(b) the transitional enhancement period shall apply to that Optant’s service in place of the enhancement period that, apart from this regulation, would otherwise apply to that Optant’s service under regulation 182(6).

• This is subject to paragraph (6).

(6) In the case of an Optant to whom this regulation applies—

(a) regulation 260M shall be read as if paragraph (3)(b) of that regulation included the words “from the date of the Department’s determination under regulation 183” after “continued in service”; and

(b) references to the “enhancement period” in regulation 182 are to be read as references to the “transitional enhancement period” determined under this regulation.

Application of regulation 183 where a 2008 Section Optant has submitted an application for ill-health retirement under the 2008 Section within a year of joining the 2008 Section N.I.

(1) This regulation applies to a 2008 Section Optant—

(a) who submits a form AW33 (or such other form as the Department is willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation 182;

(b) that form and supporting medical evidence was received by the Department before the end of the period of one year commencing on the day the Department received the Optant’s option to join this Section of the Scheme; and

(c) following a consideration of the form and medical evidence referred to in sub-paragraph (a)—

(i) the Optant becomes entitled to a tier 1 ill-health pension under regulation 182, and

(ii) at the time the Optant is awarded a pension under that regulation the Department gives the Optant notice in writing in accordance with regulation 183(1)(b) that the Optant’s case may be considered once within a period of three years commencing with the date of that award to determine whether the Optant meets the condition in regulation 182(3)(a) at the date of such a consideration.

(2) If, after considering the further medical evidence provided by the Optant under regulation 183, the Department determines that the Optant meets the condition in 182(3)(a), then as from the date on which that determination is made the Optant—

(a) ceases to be entitled to a tier 1 ill-health pension; and

(b) becomes entitled to a tier 2 ill-health pension under regulation 182 but which shall be calculated in accordance with paragraph (3).

(3) For the purpose of calculating the tier 2 ill-health pension referred to in paragraph (2)—

(a) the Optant’s service shall be increased by the transitional enhancement period determined in accordance with whichever of paragraphs (3) or (4) of regulation 260M apply to that Optant; and

(b) the transitional enhancement period shall apply to that Optant’s service in place of the enhancement period that, apart from this regulation, would otherwise apply to that Optant’s service under regulation 182(6).

• This is subject to paragraph (4).

(4) In the case of an Optant to whom this regulation applies—

(a) regulation 260M shall be read as if paragraph (3)(b) of that regulation included the words “from the date of the Department’s determination under regulation 183” after “continued in service”; and

(b) references to the “enhancement period” in regulation 182 are to be read as references to the “transitional enhancement period” determined under this regulation.

Late payment of pension with actuarial increase for a 2008 Optant N.I.

(1) This regulation applies if a 2008 Section Optant becomes entitled to immediate payment of a pension under regulation 176 after reaching the age of 65.

(2) In the case of an Optant to whom paragraph (1) applies so much of the amount of the pension as is attributable to—

(a) the pensionable service and earnings that Optant is entitled to count under—

(i) regulation 260C,

(ii) regulation 260E (if any), and

(iii) this Section of the Scheme on or after 1st April 2008 but before reaching the age of 65; and

(b) any contributions paid under regulations 165, 167 or 168 before reaching that age,

shall be increased in accordance with paragraph (4).

• This is subject to paragraph (6).

(3) In paragraph (2) the reference to the amount of the pension is to the amount of pension—

(a) before that pension had been reduced in accordance with regulation 260K; and

(b) before any commutation under regulation 185.

(4) The amount of the increase referred to in paragraph (2) must be calculated in accordance with guidance and tables provided by the Scheme actuary to the Department for the purposes of this regulation.

(5) In preparing that guidance and those tables the Scheme actuary must use such factors as the Scheme actuary considers appropriate, having regard, in particular, to—

(a) the period after reaching the age of 65 before the Optant becomes entitled to immediate payment of the pension; and

(b) the life expectancy of the Optant.

(6) The increase shall apply to the Optant’s pension in place of the actuarial increase that, apart from this regulation, would otherwise apply to the Optant’s pension under regulation 178.

Transitional Provision: Treatment of additional service and pensionable earnings in respect of Optants retiring on the grounds of ill Health N.I.

(1) This regulation applies to a 2008 Section Optant who, apart from this regulation, would be entitled to count a period of pensionable service determined in accordance with paragraph (3) of regulation 260E.

(2) If—

(a) an Optant referred to in paragraph (1) submitted a form AW33 (or such other form as the Department was willing to accept) together with supporting medical evidence if not included on the form pursuant to regulation 13A of the 1995 Regulations (Ill-health pension on early retirement);

(b) that form and supporting medical evidence was received by the Department before the end of a period of one year commencing on the date on which the Optant commenced payment for a period of additional service under regulation 72 of the 1995 Regulations as modified by paragraph 20 of Schedule 2 to those Regulations (Paying for additional service or unreduced retirement lump sum by regular additional contributions); and

(c) following a consideration of the form and medical evidence referred to in (a) that Optant becomes entitled to a tier 1 or tier 2 ill-health pension under regulation 182 within a period of one year beginning with the day on which the Optant’s option to join this Section of the Scheme is received,

that Optant will not be entitled to count a period of pensionable service under regulation 260E and—

(i) an amount equal to the contributions (less any tax that may be payable) made by the Optant in respect of that period of additional service shall be returned to the Optant in accordance with regulation 73(2) of the 1995 Regulations (Part payment for additional service or unreduced retirement lump sum), and

(ii) paragraph (8) of regulation 260E will not apply.

(3) If—

(a) an Optant referred to in paragraph (1) submitted a form AW33 (or such other form as the Department was willing to accept) together with supporting medical evidence (if not included on the form) pursuant to regulation 13A of the 1995 Regulations;

(b) that form and supporting medical evidence was received by the Department after a period of at least one year commencing on the date on which the Optant commenced payment for a period of additional service under regulation 72 of the 1995 Regulations; and

(c) following a consideration of the form and medical evidence referred to in (a) that Optant becomes entitled to a tier 1 or tier 2 ill-health pension under regulation 182 within a period of one year beginning with the day on which the Optant’s option to join this Section of the Scheme is received,

in addition to the pensionable service that Optant is entitled to count under regulation 260E, that Optant shall also be entitled to count a period of pensionable service determined under paragraph (4).

(4) The period of pensionable service that an Optant is entitled to count under this regulation shall be a period of service equal to the difference between—

(a) the period of service the Optant is entitled to count under regulation 260E; and

(b) the period of service the Optant elected to purchase under regulation 67 of the 1995 Regulations as modified by paragraph 20 of Schedule 2 to those Regulations calculated in accordance with regulation 73(3) of the 1995 Regulations as modified by paragraph 20 of Schedule 2 to those Regulations and as if the member had become entitled to a pension under regulation 13A of those Regulations on the day the Department received that person’s option to join this Section of the Scheme.

(5) For the purposes of calculating the Optant’s benefits under this Section of the Scheme, the pensionable service the Optant is entitled to count under paragraph (4) will be added to the service the member is entitled to count under regulation 260C(3).

Treatment of service credited from the 1995 Section when benefits in cases of mixed service are payable N.I.

(1) This regulation applies if a 2008 Section Optant who becomes a member of this Section of the Scheme—

(a) is entitled to benefits under this Part;

(b) has a period, or periods, of officer service under Part 2 that entitles the Optant to have benefits considered under Part 4; and

(c) has transferred—

(i) service up to 31st March 2008 from the 1995 Section that counts under regulation 136C, or

(ii) service and superannuable earnings up to 31st March 2008 from the 1995 Section that counts under regulation 260C.

(2) If paragraph (1) applies—

(a) superannuable service transferred from the 1995 Section under regulation 136C(4) will count at the full length determined before application of the factor specified in that regulation, for the purpose of comparing benefits payable as calculated in accordance with regulations 264 to 269A;

(b) superannuable service transferred from the 1995 Section under regulation 136C(4) and superannuable earnings transferred from the 1995 Section under regulation 260C(4) will count at the length or value determined after the application of the factor specified in those regulations for the purpose of calculating—

(i) any reference amount referred to regulations 264 to 269A, and

(ii) any top up amount referred to in regulation 273 or, as the case may be, 274.

• This is subject to paragraphs (4) and (5).

(3) This paragraph applies if a 2008 Section Optant has—

(a) officer service that counts under regulation 136C(4); or

(b) pensionable earnings in respect of practitioner service that counts under regulation 260C(4); and

(c) that officer service or those pensionable earnings comprise two or more periods (separated by at least one day) of such service or two or more periods (separated by at least one day) in respect of which such earnings were earned.

(4) Where paragraph (3) applies, each separate period of officer service or each separate period in respect of which pensionable earnings were earned, shall be calculated using the formula set out in paragraph (5) for the purposes of calculating—

(a) any reference amount referred to in regulations 264 to 269A; and

(b) any top up amount referred to in regulation 273 or, as the case may be, 274.

(5) That formula is—

(a) where paragraph (3)(a) applies—

where—

• TNS is the total (net) service transferred to this Section of the Scheme under paragraph (4) of regulation 136B, after multiplying by the factor applicable to the case,

• PGS is any part (gross) period of service within the total transferred to this Section of the Scheme under paragraph (4) of regulation 260C, before multiplying by the factor applicable to the case, and

• TGS is the total (gross) service transferred to this Section of the Scheme under paragraph (4) of regulation 136C;

(b) where paragraph (3)(b) applies—

where—

• TNE is the total net uprated pensionable earnings transferred to this Section of the Scheme under paragraph (4) of regulation 260C, after multiplying by the factor applicable to the case,

• PGE is any part gross amount of uprated pensionable earnings within the total transferred to this Section of the Scheme under paragraph (4) of regulation 260C, before multiplying by the factor applicable to the case, and

• TGE is the total gross amount of uprated pensionable earnings transferred to this Section under paragraph (4) of regulation 260C.

Circumstances in which a 1995 Section member may defer making an option to join this Section of the Scheme under regulation 260B N.I.

(1) This regulation applies to a person who—

(a) on, or after, 1st October 2009—

(i) is an active member of the 1995 Section, or

(ii) is a member of that Section who is absent from work because of illness or injury and whose earnings have ceased in the circumstances described in paragraph (4)(a) of regulation 65 of the 1995 regulations (Absence because of illness or injury or certain types of leave);

(b) has submitted a form AW33 (or such other form as the Department was willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation 13A of the 1995 Regulations (Ill-health pension on early retirement);

(c) that form and supporting medical evidence was received by the Department—

(i) before the date on which a comparative statement of benefits under the 1995 Section and the 2008 Section of the Scheme is sent to the person (whether by electronic communication or otherwise) in accordance with regulation 260C, or

(ii) if such a statement has been issued to that person, before the date specified by the Department for the purposes of paragraph (3) of that regulation.

(2) A person to whom paragraph (1) applies may opt to join this Section of the Scheme in accordance with paragraph (3).

(3) The option under paragraph (2) may only be exercised if—

(a) the person gives notice in writing to the Department in such form as it requires; and

(b) that notice is received by the Department within a period of four months starting with, where—

(i) that person is sent a written notification of the Department’s decision as to whether, in consideration of the form and medical evidence referred to in paragraph (1), that person has met the tier 1 or the tier 2 condition specified in regulation 13A of the 1995 Regulations (“the first decision”), the date of that decision,

(ii) that person is sent a written notification of the Department’s decision in respect of the stage one dispute, (“a stage one decision”), the date of that decision,

(iii) that person is sent a written notification of the Department’s decision in respect of the stage two dispute, (“a stage two decision”), the date of that decision, or

(iv) that person is sent written notification of the final determination by the Pensions Ombudsman, the date of that determination.

• This is subject to paragraph (4).

(4) Paragraph (3) shall cease to apply to any person if at any time that person—

(a) returns to practitioner service; or

(b) claims a pension under regulation 16 or 49 of the 1995 Regulations (which deal with an early retirement pension (with actuarial reduction) and preserved pensions respectively).

(5) For the purpose of this regulation—

“stage one dispute” means a request made to the Department for a review of the first decision under Article 50 of the 1995 Order (Resolution of disputes), that is received by the Department within a period of one year starting with the date on which that person’s contract of employment is terminated;

“stage two dispute” means a request made to the Department to review the stage one decision under Article 50 of the 1995 Order that is received by the Department within a period of six months starting with the day on which that person is sent a written notification of a stage one decision;

“the final determination by the Pensions Ombudsman” means a written determination under section 147 of the 1993 Act made as the result of the investigation of a complaint by the person in respect of the stage two decision that was received by the Pensions Ombudsman within a period of three years starting with the day on which the person is sent written notification of the stage two decision.

2008 Section Optants who are in receipt of a tier 1 ill-health pension under Regulation 13A of the 1995 Regulations N.I.

(1) This regulation applies to a 2008 Section Optant who—

(a) is entitled to a tier 1 ill-health pension under regulation 13A of the 1995 Regulations (Ill-health pension on early retirement) in respect of service in the 1995 Section (“the earlier 1995 Section service”); and

(b) becomes entitled to a tier 1 ill-health pension or, as the case may be, a tier 2 ill-health pension under regulation 182 in respect of service in this Section of the Scheme (“the later 2008 Section service”).

(2) For the purposes of determining whether an Optant can count 45 years of pensionable service for any purpose, the earlier 1995 Section service and the later 2008 Section service are aggregated.

(3) If, on the termination of the later 2008 Section service the Optant becomes entitled, under regulation 182, to—

(a) a tier 1 ill-health pension; or

(b) a tier 2 ill-health pension,

in respect of the later 2008 Section service, the Optant is entitled to the benefits set out in paragraph (4).

(4) The benefits mentioned in paragraph (3) are—

(a) the member’s tier 1 ill-health pension under regulation 13A of the 1995 Regulations in respect of the member’s earlier 1995 Section service; and

(b) a tier 1 or, as the case may be, tier 2 ill-health pension in respect of the member’s later 2008 Section service.

• This is subject to paragraph (5) and regulations 260M to 260P and 260R.

(5) If the Optant—

(a) ceases to be entitled to a tier 1 ill-health pension in respect of the earlier 1995 Section service;

(b) becomes entitled to a tier 2 ill-health pension in respect of that earlier 1995 Section service in accordance with regulation 13B of the 1995 Regulations (Re-assessment of ill health condition under 13A); and

(c) becomes entitled to a tier 1 or, as the case may be, tier 2 ill-health pension in respect of later 2008 Section service on the termination of that later service,

the Optant is entitled to the benefits set out in paragraph (6).

(6) Those benefits are—

(a) a tier 2 ill-health pension paid in accordance with regulation 13B of the 1995 Regulations in respect of the earlier 1995 Section service; and

(b) a tier 1 ill-health pension in respect of the later 2008 Section service.

Lump sum payable on the death of a 2008 Section Optant who is in receipt of a tier 1 ill-health pension under regulation 13A of the 1995 Regulations N.I.

(1) This regulation applies to a 2008 Section Optant who, on the date of that Optant’s death—

(a) is entitled to a tier 1 ill-health pension under regulation 13A of the 1995 Regulations (Ill-health pension on early retirement) in respect of service in the 1995 Section; and

(b) is an active or a non-contributing member in respect of service in this Section of the Scheme (“the later 2008 Section service”).

(2) The lump sum payable on the death of an Optant referred to in paragraph (1) shall be—

(a) calculated in accordance with whichever of paragraphs (3), (4) or (5) applies to that Optant; and

(b) paid in place of the lump sum that, apart from this regulation, would otherwise be payable in respect of that Optant’s later 2008 Section service under regulation 210.

(3) If the deceased Optant was, at the date of the Optant’s death, an active member who had not exercised the option under regulation 180, the lump sum referred to in paragraph (2)(a) is an amount equal to five times the annual rate of pension—

(a) payable under regulation 182(5), if the deceased Optant had not reached the age of 65; or

(b) payable under regulation 176, if the deceased Optant had reached the age of 65,

to which the deceased Optant would have been entitled at the date of the Optant’s death.

(4) If the deceased Optant was a non-contributing member who had not exercised the option under regulation 180, the lump sum referred to in paragraph (2)(a) is an amount equal to five times the annual rate of pension—

(a) payable under regulation 182(5), if the deceased Optant had not reached the age of 65; or

(b) payable under regulation 176, if the deceased Optant had reached the age of 65,

to which the Optant would have been entitled on the last day of the Optant’s pensionable service.

(5) If the Optant was an active member or a non-contributing member who had exercised the option under regulation 180, the lump sum referred to in paragraph (2)(a) shall be determined by the Department after taking advice from the Scheme actuary.

Children’s pensions payable on the death of a 2008 Section Optant who is in receipt of a tier 1 ill-health pension under regulation 13A of the 1995 Regulations. N.I.

(1) This regulation applies to a 2008 Section Optant (“a deceased Optant”) who, in respect of service in this Section of the Scheme, was—

(a) at the date of the Optant’s death—

(i) an active member,

(ii) a non-contributing member,

(iii) a pensioner member, or

(iv) a deferred member; and

(b) on that date was entitled to a tier 1 ill-health pension under regulation 13A of the 1995 Regulations (Ill-health pension on early retirement) in respect of service in the 1995 Section (“the earlier 1995 Section service”).

(2) In the case of a deceased Optant referred to in paragraph (1)(a)(i) and (ii), “the basic death pension” for the purposes of paragraph (3) of regulation 203 shall have the meaning given in paragraph (3).

(3) The “basic death pension” means twice the appropriate proportion of the deceased member’s pension under regulation 176 and—

(a) in the case of a deceased Optant who was, at the date of the Optant’s death, an active member that pension will include the greater of—

(i) any increase due to such enhancement period that would have applied for the purposes of regulation 182(5) if the deceased Optant had become entitled to a tier 2 ill-health pension at that date, and

(ii) the deceased Optant’s later 2008 Section service as an active member plus the difference between—

(aa) the aggregate of the deceased Optant’s earlier 1995 Section service and the later 2008 Section service as an active member, and

(bb) 10 years pensionable service,

where the amount of service in paragraph (aa) is less than that specified in paragraph (bb);

(b) in the case of a deceased Optant referred to in paragraph (1)(a)(ii), the pensionable service that the deceased Optant was entitled to count under this Section of the Scheme on the date of that Optant’s death.

(4) In the case of a deceased Optant referred to in paragraph (1)(a)(iii), “the basic death pension” for the purposes of paragraph (3) of regulation 204 shall have the meaning given in paragraph (5).

(5) The “basic death pension” means the greater of—

(a) twice the appropriate proportion of the deceased Optant’s annual pension (disregarding any additional pension); and

(b) twice the appropriate proportion of the annual pension to which the deceased Optant would have been entitled calculated as the aggregate of the deceased Optant’s later 2008 Section service plus the difference between—

(i) the aggregate of the deceased Optant’s earlier 1995 Section service and the later 2008 Section service, and

(ii) 10 years pensionable service,

where the amount of service in head (i) is less than that specified in head (ii).

(6) In the case of a deceased Optant referred to in paragraph (1)(a)(iv), “the basic death pension” for the purposes of paragraph (3) of regulation 205 shall have the meaning given in paragraph (7).

(7) The “basic death pension” means—

(a) if the deceased Optant died within 12 months after ceasing to be an active member or a non-contributing member, the amount that would be the basic death pension for the purposes of regulation 203 if the deceased Optant had died on the day of so ceasing (disregarding any additional pension); and

(b) if the deceased Optant died more than 12 months after ceasing to be an active member or a non-contributing member, the greater of—

(i) twice the appropriate proportion of the pension to which the deceased Optant would have been entitled if the deceased had become entitled to a pension under regulation 176 on the date of death (disregarding any additional pension), and

(ii) twice the appropriate proportion of the annual pension to which the deceased Optant would have been entitled in respect of the aggregate of the deceased Optant’s later 2008 Section service that has been deferred plus the difference between—

(aa) the aggregate of the deceased Optant’s earlier 1995 Section service and the later 2008 Section service that has been deferred, and

(bb) 10 years pensionable service,

where the amount of service in paragraph (aa) is less than that specified in paragraph (bb).]