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The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015

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CHAPTER 2Notices and elections

Carry-forward of old scheme opt-out

4.  Where, on the date a person becomes eligible to join the new scheme, that person has—

(a)opted out of membership of the old scheme pursuant to regulation—

(i)9 of the 1995 Regulations; or

(ii)25 or 157 of the 2008 Regulations; or

(b)provided their employer with a valid opt-out notice for the purposes of regulations 9 or 15 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010(1) (“the 2010 Regulations”),

that person is to be treated as having also opted out under paragraph 1 of Schedule 4 to the 2015 Regulations or given notice for the purposes of the 2010 Regulations in relation to the new scheme.

Nominations, notices and declarations

5.—(1) Paragraph (2) applies where—

(a)a nomination, notice or declaration of the type specified in column 1 of the table has been accepted in respect of benefits to be paid on the death of a person who is a member of the 1995 Section or the 2008 Section of the old scheme; and

(b)on the day that the member becomes an active member of the 2015 Scheme, the member has not revoked that nomination, notice or declaration.

Table

Column 1

Nomination, notice or declaration in the 1995 Section or 2008 Section

Column 2

Corresponding notice or declaration in the 2015 Scheme

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 1995 Section member in different circumstances).A notice given in accordance with paragraph 9 (payment of lump sums on death) of Schedule 12 (lump sum on death) to the 2015 Regulations in favour of one or more persons in respect of any lump sums that become payable under regulation 111 of the 2015 Regulations.
A notice given in accordance with regulation 67 or 214 of the 2008 Regulations (payment of lump sums or pensions on death) in favour of one or more persons in respect of any lump sums or pensions that become payable under regulation 82 or 209 of the 2008 Regulations (which deal with lump sum or pension payments on the death of a 2008 Section member in different circumstances).
A notice given for the purpose of paragraph (3)(a) of regulation 22 of the 1995 Regulations that the member’s surviving partner (within the meaning of that regulation) is not to receive payment of any lump sum that becomes payable under regulations 18 to 21 of the 1995 Regulations.A notice given in accordance with paragraph 9 (payment of lump sums on death) of Schedule 12 (lump sum on death) to the 2015 Regulations specifying that the member’s personal representatives are to receive any lump sum on the death of the member payable under regulation 111 of the 2015 Regulations.
A notice given for the purposes of regulation 31E of the 1995 Regulations (surviving nominated partner’s pension) nominating a partner to receive a nominated partner pension).A declaration made for the purpose of regulation 113 of the 2015 Regulations (surviving nominated partner) for the purposes of entitlement to a surviving nominated partner’s pension.
A declaration made for the purpose of regulation 68 or 195 of the 2008 Regulations (meaning of “surviving nominated partner”) for the purposes of entitlement to a surviving nominated partner’s pension.

(2) Where this paragraph applies, for the purposes of the 2015 Scheme, the nomination, notice or declaration mentioned is to be treated as if it had been accepted by the scheme manager as the corresponding notice or declaration in column 2 of the table in paragraph (1).

(3) The revocation of—

(a)a nomination, notice or declaration of the type specified in column 1 of the table in paragraph (1) will also revoke the corresponding notice or declaration in column 2 of that table without more;

(b)a notice or declaration of the type specified in column 2 of the table in paragraph (1) will also revoke the corresponding nomination, notice or declaration in column 1 of that table without more.

(4) The—

(a)making of a new a nomination or declaration, or giving of a new notice, of the type specified in column 1 of the table in paragraph (1) is also to be treated by the scheme manager as the giving of the corresponding notice or making of the corresponding declaration in column 2 of that table without more;

(b)giving of a new a notice or making of a new declaration of the type specified in column 2 of the table in paragraph (1) is also to be treated by the Department as the making of the corresponding nomination or declaration, or giving of the corresponding notice, of the type specified in column 1 of that table without more.

(1)

S.R. 2010 No.122; Regulation 9 was amended by S.R. 2013 No.243

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