161.—(1) If a person is a dual capacity member of this scheme—
(a)the benefits that are payable to or in respect of the member in each of the member’s capacities are treated separately for the purposes of these [F1Regulations] ; and
(b)the amounts payable to or in respect of the member in each of the member’s capacities are determined accordingly.
(2) In relation to payment of retirement benefits, paragraph (1) does not affect the interpretation of regulation 64 (exercise of partial retirement option) if a member is both an active member and a pensioner member by virtue of that regulation.
(3) In relation to payment of death benefits, paragraph (1) does not prevent—
(a)the calculation under regulation 130 of a lump sum payable on the death of an active member of this scheme being made by reference to amounts that are relevant to the member in another capacity;
(b)the calculation under regulation 131 of a lump sum payable on the death of a pensioner member or deferred member of this scheme being made by reference to amounts that are relevant to the member in both of those capacities; or
(c)the calculation under regulation 131 of a lump sum payable on the death of—
(i)a deferred member of this scheme in relation to 2 or more continuous periods of pensionable service; or
(ii)a pensioner member of this scheme in relation to 2 or more continuous periods of pensionable service.
Textual Amendments
F1Word in reg. 161(1)(a) substituted (with effect in accordance with of the amending Rule) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/67), regs. 1(2), 50
Commencement Information