The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

[F1 Transfers across from the [F2 1995 Section] N.I.

108A.— (1) An active member who is entitled to have a cash equivalent value calculated in respect of the entirety of the member’s rights under the [F3 1995 Section] , pursuant to regulation 59 of the 1995 Regulations, may apply to convert that cash equivalent value into rights under this [F4 Section of the] Scheme.

(2) An application under paragraph (1)—

(a) must be made in writing using an application form provided for the purpose by the Department;

(b) may only be made before the end of the period of three months beginning with the guarantee date established under regulation 59 of the 1995 Regulations;

(c) may only be made if the member has first been furnished with a statement of the pensionable service that the member will be entitled to count under this [F5 Section of the] Scheme if the application is accepted by the Department;

(d) must meet such other conditions as the Department may require; and

(e) is irrevocable.

(3) The statement mentioned in paragraph (2)(c) must—

(a) inform the member of the amount of pensionable service that will count under this [F6 Section of the] Scheme for the purposes of calculating benefits payable to or in respect of the member;

(b) inform the member of the amount of pensionable service that will count under this [F6 Section of the] Scheme when determining whether or not the member has reached 45 years of pensionable service for the purposes of regulations 7 and 8; and

(c) be calculated in accordance with any guidance, tables and other relevant factors provided by the Scheme actuary for that purpose.

(4) If the Department accepts an application under paragraph (1)—

(a) the member is entitled to count under this [F7 Section of the] Scheme the periods of pensionable service mentioned in sub-paragraphs (a) and (b) of paragraph (3) for the purposes specified therein; and

(b) those periods of pensionable service shall be credited to the member on the day that the Department received the member’s application.]

Textual Amendments

F1 Reg. 108A and cross-heading inserted (with effect in accordance with reg. 1(3) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 44 (with reg. 89)

F2 Words in reg. 108A heading substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 2

F3 Words in reg. 108A(1) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 2

F4 Words in reg. 108A(1) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 3

F5 Words in reg. 108A(2)(c) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 3

F6 Words in reg. 108A(3)(a)(b) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 3

F7 Words in reg. 108A(4)(a) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 3