The Health and Personal Social Services (Superannuation Scheme, Injury Benefits and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010

Amendment of regulation 7

4.—(1) Regulation 7 (Restrictions on membership) is amended as provided by paragraphs (2) and (3).

(2) In paragraph (1)—

(a) for sub-paragraph (f), substitute—

“(f) that person enters HSC employment for the first time on, or after 1st April 2008 and has not previously been a member of this Section of the Scheme or a health service scheme corresponding to this Section;”;

(b) in sub-paragraph (g)—

(i) after “returns to”, insert “or commences”,

(ii) after “last left”, insert “superannuable”;

(c) in sub-paragraph (h)(ii) after “returning to”, insert “or commencing”;

(d) for sub-paragraph (j)(iii), substitute—

“(iii) returns to, or commences for the first time, HSC employment on or after 1st October 2008 and, before that employment starts (whether it is employment that has been returned to or commenced for the first time) exercises the member’s right to transfer out all of that person’s benefits in accordance with regulation 53,”;

(e) in sub-paragraph (k)(ii), after “returns to” insert “or commences”;

(f) after sub-paragraph (k), add—

“(l) that person’s pension under a health service scheme is payable and in the opinion of the Department that person would not be eligible to—

(i) join this Section of the Scheme,

(ii) where appropriate, accrue further superannuable service under this Section of the Scheme,

if the superannuable employment to which that health service scheme applied, and in respect of which that pension is being paid, had been superannuable employment in this Section of the Scheme;

(m) that person is a person who—

(i) is entitled to a preserved pension in accordance with regulation 49,

(ii) has given notice in accordance with paragraphs (1) or (1A) of regulation 9 that the person does not wish to, or no longer wishes to, participate in this Section of the Scheme,

(iii) as a result of that notice, has been treated as having left all superannuable employments, and

(iv) pursuant to that notice remains opted-out of this Section of the Scheme for any one period of five years or more beginning on the date that notice takes effect;

(n) that person is a person who—

(i) is entitled to a preserved pension in accordance with regulation 49,

(ii) has given notice in accordance with paragraphs (1) or (1A) of regulation 9 that the person does not wish to, or no longer wishes to, participate in this Section of the Scheme,

(iii) following that notice, has had a break in superannuable employment for any one period of five years or more, comprising the aggregate of—

(aa) any period during which the person leaves HSC employment, and

(bb) any period during which the person is treated as never having been included in this Section of the Scheme in accordance with paragraph (3) of regulation 9 in respect of one or more later periods of HSC employment entered into after having given the notice referred to in head (ii);

(o) that person is a person who—

(i) enters HSC employment before 1st April 2008,

(ii) has given notice in respect of that employment (and all other such employments with an employing authority) that the person does not wish to participate in the Scheme in accordance with paragraph (1) or (1A) of regulation 9, and

(iii) as a result of that notice on 1st April 2008 is treated as never having been in superannuable employment with any employing authority in accordance with paragraph (3) of regulation 9;

(p) that person is a person who—

(i) enters HSC employment before 1st April 2008,

(ii) has given notice in respect of that employment (and all other such employments with an employing authority) that the person does not wish to participate in the Scheme in accordance with paragraph (1) or (1A) of regulation 9,

(iii) as a result of that notice has been treated as having left superannuable employment with all employing authorities for a period of 12 months or more, and

(iv) is not entitled to a preserved pension in accordance with regulation 49;

(q) that person is a person who—

(i) enters superannuable employment before 1st April 2008,

(ii) has given notice in respect of that employment (and all other such employments with an employing authority) that the person does not wish to participate in the Scheme in accordance with paragraph (1) or (1A) of regulation 9,

(iii) is not entitled to a preserved pension in accordance with regulation 49, and

(iv) has, in respect of that superannuable employment, either received a repayment of contributions or exercised the right to a transfer payment under Part VI.”.

(3) In paragraph (2)(c), for “regulations 49, 50” substitute “regulations 13, 13A, 49, 50, 52,”.