The Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014

Fair Deal eligible persons transferred out after 31st March 2012 N.I.

26.— [F1 (1) This paragraph applies if—

(a) in the case of a person who is an Article 3(3A) eligible person, sub-paragraphs (2), (3), (4) and (5) apply; or

(b) in the case of a person who is a civil servant or a person serving in an employment or office listed in Schedule 1 to the 1972 Order, sub-paragraphs (2), (3) and (5) apply.]

(2) This sub-paragraph applies if—

(a) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

(b) P ceased to be an active member of the PCSPS(NI) or of this scheme on a date (P’s transfer date) after 31st March 2012;

(c) P was an active member of an existing scheme or an existing public body pension scheme throughout the period between 31st March 2012 and P’s transfer date;

[F2 (d) P begins service which is pensionable under the PCSPS(NI) as—

(i) an Article 3(3A) eligible person;

(ii) a civil servant; or

(iii) a person serving in an employment or office listed in Schedule 1 to the 1972 Order,

on a date (P’s re-joining date) after P’s transfer date;] and

(e) Between P’s transfer date and P’s re-joining date—

(i) P was not eligible to be in pensionable service under the PCSPS(NI) [F3 and was continuously employed to carry out functions or services related to P’s pensionable service under the PCSPS(NI) before P’s transfer date] ; or

(ii) P was only eligible to be in pensionable service under the PCSPS(NI) as a result of a transfer of the transferred services, and during such period that P would have been eligible to be in pensionable service under the PCSPS(NI) as a result of the transfer P was–

(aa) an active member of the PCSPS(NI); and

(bb) continuously employed to carry out the transferred services whilst P was eligible to be in pensionable service under the PCSPS(NI).

[F4 (3) This sub-paragraph applies if P is an active member of the PCSPS(NI) as—

(a) an Article 3(3A) eligible person;

(b) a civil servant; or

(c) a person serving in an employment or office listed in Schedule 1 to the 1972 Order,

continuously after P’s re-joining date.]

(4) This sub-paragraph applies if P is a Fair Deal eligible person.

(5) This sub-paragraph applies if, P would, unless P dies, reach normal pension age under—

(i) the PCSPS(NI) during the period beginning with 2nd April 2022 and ending with 1st September 2025; and

(ii) P’s transitional scheme on or before 1st September 2025.

(6) In this paragraph, “continuously” means without a gap of any period.

Textual Amendments

F1 Sch. 2 para. 26(1) substituted (31.3.2022) by The Public Service (Civil Servants and Others) Pensions (Amendment) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/126), regs. 1(2)(a), 6(8)(a)

F2 Sch. 2 para. 26(2)(d) substituted (31.3.2022) by The Public Service (Civil Servants and Others) Pensions (Amendment) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/126), regs. 1(2)(a), 6(8)(b)(i)

F3 Words in Sch. 2 para. 26(2)(e)(i) inserted (31.3.2022) by The Public Service (Civil Servants and Others) Pensions (Amendment) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/126), regs. 1(2)(a), 6(8)(b)(ii)

F4 Sch. 2 para. 26(3) substituted (31.3.2022) by The Public Service (Civil Servants and Others) Pensions (Amendment) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/126), regs. 1(2)(a), 6(8)(c)

Commencement Information

I1 Sch. 2 para. 26 in operation at 18.12.2014, see reg. 1(2)