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

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Disqualifying breaks in service

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10.—(1) Paragraph (3) applies to a member with pensionable service in the old scheme who—

(a)on 1st April 2015—

(i)is on a break in HSC employment in the old scheme; or

(ii)has opted out of the old scheme pursuant to regulation—

(aa)9 of the 1995 Regulations; or

(bb)25 or 157 of the 2008 Regulations;

(b)was not—

(i)entitled to a preserved pension under regulation 49 of the 1995 Regulations; or

(ii)a deferred member of the 2008 Section in respect of that service,

when that service ceased; and

(c)subsequently becomes an active member of the new scheme.

(2) Paragraph (4) applies to a member with pensionable service in the old scheme who—

(a)subsequently becomes an active member of the new scheme;

(b)has a break in pensionable service in the new scheme commencing on or after 2nd April 2015; and

(c)is not qualified for retirement benefits pursuant to regulation 71 of the 2015 Regulations on ceasing pensionable service in the new scheme.

(3) Where a member’s break between pensionable service in the old scheme and pensionable service in the new scheme is less than one year—

(a)the contributions in respect of old scheme service are not refundable to the member under regulation—

(i)50 of the 1995 Regulations; or

(ii)44 or 175 of the 2008 Regulations; and

(b)if a refund under those regulations was paid in respect of the member’s old scheme service during the break, the member may repay that refund (including any interest on those contributions which was paid to the member) under regulation—

(i)52(5) of the 1995 Regulations; or

(ii)9(8) or 140(8) of the 2008 Regulations,

within six months of joining the new scheme.

(4) Where a member’s break in pensionable service in the new scheme is five years or less—

(a)the contributions in respect of old scheme service are not refundable to the member under regulation—

(i)50 of the 1995 Regulations; or

(ii)44 or 175 of the 2008 Regulations; and

(b)if a refund under those regulations was paid in respect of the member’s old scheme service during the break, the member may repay that refund (including any interest on those contributions which was paid to the member) under regulation—

(i)52(5) of the 1995 Regulations; or

(ii)9(8) or 140(8) of the 2008 Regulations,

within six months of joining the new scheme.

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