The Health and Personal Social Services (Superannuation Scheme and Compensation for Premature Retirement) (Amendment) Regulations (Northern Ireland) 2008

Amendment of the Compensation for Premature Retirement Regulations

4.—(1) The Compensation for Premature Retirement Regulations are amended in accordance with this regulation.

(2) For regulation 3 (Persons to whom the regulations apply) substitute—

“Persons to whom the Regulations apply

3.   These Regulations shall apply to an officer who on ceasing to be employed in the employment of an employing authority—

(a) becomes entitled to benefits in accordance with regulation 14 (Early retirement pension (redundancy etc)) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995; or

(b) notifies the Department in accordance with regulation 14B (Early retirement pension (redundancy etc notifications)) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 that he wishes regulation 14 of those Regulations to apply to him.”.

(3) In regulation 5 (Crediting of additional period of service) –

(a) after paragraph (1), insert—

“(1A) Paragraphs (1B) and (1C) shall apply where an entitled officer becomes so entitled on, or after, 1st December 2006 but before 1st October 2008.

(1B) Where at 30 September 2006 no part of the superannuable service of an entitled officer to whom there is payable a pension under regulation 14 (Early retirement pension (redundancy etc)) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995, is service in part-time employment, the additional period of service an entitled officer shall be credited with shall be equal to R and determined by the formula—

where—

P is the additional service he would have been credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30th September 2006 as if he became so entitled at that date; and

Q is the period commencing on, or after, 1st October 2006 and ending on the day on which he does in fact become so entitled.

(1C) Where at 30th September 2006, any part of the superannuable service of an entitled officer to whom there is payable a pension under regulation 14 (Early retirement pension (redundancy etc)) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 is service in part-time employment,

(a) the additional period of service he shall be credited with shall be equal to P (as defined in paragraph (1B)), and

(b) the amount of compensation payable in respect of the service credited under this regulation shall not exceed “the relevant amount” as referred to in paragraph (5B) as reduced by the fraction—

and R and P have the same meaning as in paragraph (1B).

(1D) Where it is more beneficial to an entitled officer to whom paragraphs (1A) to (1C) of this regulation apply—

(a) those paragraphs shall be ignored; and

(b) he shall be credited with additional service calculated by applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30 September 2006 and as if he became so entitled at that date.”.

(b) after paragraph (5), insert—

“(5A) For the purpose of calculating the compensation payable in respect of the additional period of service of an entitled officer, where any part of the superannuable service of an entitled officer to whom there is payable a pension under regulation 14 of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 is service in part-time employment, the compensation payable in respect of the service credited under this regulation shall not exceed the relevant amount.

(5B) In this regulation—

“the relevant amount” means the amount which bears the same proportion to the amount which would have been payable had the service not been part-time as the whole-time equivalent of an entitled officer’s superannuable service in respect of part-time employment bears to comparable whole-time employment; and

“the whole-time equivalent” is calculated using the method described in regulation 78(3) (Part-time employment) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995.”.