- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
2.—(1) Subject to paragraph (2), a 2008 Section pensioner member is eligible to be a member of the new scheme if that member would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
(2) A person of the description in column 2 of the table is eligible to be a member of the new scheme in the circumstances or on the date specified in column 3 of the table.
Column 1 Group | Column 2 Description of person | Column 3 Circumstances or date of eligibility |
---|---|---|
1 | a 2008 Section pensioner member— (a) who is also an active member of the 2008 Section on or after 1st April 2015; or (b) other than a tier 2 ill-health pensioner who returns to HSC employment on or after that date. | eligible to be an active member of the new scheme on return from a break in service where regulation 22(1B) or 154(1B) of the 2008 Regulations applies. |
2 | a 2008 Section pensioner member— (a) who is also an active member of the 2008 Section on or after 1st April 2015; or (b) other than a tier 2 ill-health pensioner who returns to HSC employment on or after that date, and to whom regulation 22(1D) or 154(1D) of the 2008 Regulations applies. | eligible to be an active member of the new scheme on the earliest of— (a) returning from a break in service where regulation 22(1B) or 154(1B) of the 2008 Regulations applies; (b) reaching the member’s eligibility cessation date determined in accordance with regulations 22(1F) or 154(1F) of the 2008 Regulations; (c) returning from a break in service after reaching the member’s eligibility cessation date determined in accordance with regulations 22(1F) or 154(1F) of the 2008 Regulations. |
3 | a 2008 Section pensioner member— (a) who is also an active member of the 2008 Section on 31st March 2015; or (b) other than a tier 2 ill-health pensioner who returns to HSC employment on or after that date, and ceased to be eligible to be an active member of the 2008 Section in any employment on or after 1st April 2015. | eligible to be an active member of the new scheme on the first day on or after 1st April 2015 that the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations. |
4 | a tier 2 ill-health pensioner— (a) who returns to HSC employment and the first anniversary of that return is on or after 1st April 2015; (b) to whom regulation 113(5)(b) or 239(5)(b) of the 2008 Regulations applies; and (c) on the first anniversary of the return to HSC employment that person is not eligible to re-join the 2008 Section pursuant to regulations 21 and 22 or 153 and 154 of the 2008 Regulations. | eligible to be an active member of the new scheme on the first day on or after the first anniversary of return to HSC employment that the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations. |
5 | a 2008 Section member— (a) who is not eligible to be an active member of that Section in HSC employment on or after 1st April 2015; and (b) who becomes a pensioner member of that Section on or after that date. | eligible to be an active member of the new scheme on or after 1st April 2015 if that member would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations. |
(3) Paragraphs (1) and (2) apply notwithstanding a person also—
(a)being a 1995 Section pensioner; or
(b)becoming a 1995 Section pensioner after becoming eligible to be an active member of the new scheme.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: