The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015

CHAPTER 5 N.I. Additional contributions

Existing additional service and unreduced lump sum contracts N.I.

22.—(1) This regulation applies to a member of the new scheme who—

(a) on the member’s last day of pensionable service in the 1995 Section was paying for additional service or an unreduced retirement lump sum by regular additional contributions pursuant to regulation 72 of the 1995 Regulations;

(b) does not have a break between the last day of pensionable service in the 1995 Section and the first day of pensionable service in the new scheme lasting for 12 months or more.

(2) Where this regulation applies, the provisions of—

(a) regulations 67 to 72 of the 1995 Regulations continue to apply to the member as though the member continues in pensionable service under the 1995 Section until the earliest of—

(i) the chosen date (as defined in regulation 72 of the 1995 Regulations);

(ii) if the member has a break in pensionable service under the new scheme lasting for 12 months or more, the last day of pensionable service that preceded that break;

(iii) the day preceding the day on which the member stops paying additional contributions; or

(iv) retirement from pensionable employment under the new scheme; and

(b) regulation 73B(1) of the 1995 Regulations continues to apply if the member who is paying for additional service or unreduced retirement lump sum by regular additional contributions stops paying before the chosen date under regulation 72(3) of the 1995 Regulations,

the member’s pensionable earnings in the new scheme are to be treated as the member’s pensionable pay in the 1995 Section for the purpose of determining the amount of any additional contributions due.

Commencement Information

I1 Reg. 22 in operation at 1.4.2015, see reg. 1(1)

Existing additional pension contracts N.I.

23.—(1) This regulation applies to a member of the new scheme who—

(a) on the member’s last day of pensionable service in the old scheme was paying for additional pension by additional periodical contributions pursuant to regulation—

(i) 73A of the 1995 Regulations; or

(ii) 34 or 165 of the 2008 Regulations;

(b) does not have a break between the last day of pensionable service in the old scheme and the first day of pensionable service in the new scheme lasting for 12 months or more.

(2) Where this regulation applies, the provisions of—

(a) the relevant regulations continue to apply to the member as though the member continues in pensionable service under the old scheme until the earliest of—

(i) the end of the contribution option period (as defined in the old scheme);

(ii) if the member has a break in pensionable service under the new scheme lasting for 12 months or more, the last day of pensionable service that preceded that break;

(iii) the day preceding the day on which the member stops paying additional periodical contributions; or

(iv) retirement from pensionable employment under the new scheme; and

(b) regulation—

(i) 73I of the 1995 Regulations, or

(ii) 42 or 173 of the 2008 Regulations,

continues to apply if the member who is paying for additional pension by additional periodical contributions stops paying before the end of the contribution option period.

(3) In paragraph (2), “relevant regulations” means—

(a) in the case of a member whose old scheme service was in the 1995 Section, regulations 73A to 73H and 73J of the 1995 Regulations; and

(b) in the case of a member whose old scheme service was in the 2008 Section—

(i) regulations 34 to 41 and 43 to 44; or

(ii) regulations 165 to 172 and 174 to 175,

of the 2008 Regulations.

Modifications etc. (not altering text)

C1 Reg. 23(3) applied (1.10.2023 for specified purposes) by The Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023 (S.R. 2023/132), regs. 1, 16(2)

Commencement Information

I2 Reg. 23 in operation at 1.4.2015, see reg. 1(1)

Additional contributions: ill-health N.I.

24.  Where regulation 22 or 23 applies, references to—

(a) regulation 13 and 13A in regulations 73 and 73H of the 1995 Section;

(b) regulation 52 in regulation 41 of the 2008 Section; and

(c) regulation 182 in regulation 172 of the 2008 Section,

are to be read as references to an ill-health pension under regulation 89 of the 2015 Regulations in accordance with regulations 28 and 29 of these Regulations.

Commencement Information

I3 Reg. 24 in operation at 1.4.2015, see reg. 1(1)

Decoupling of benefits derived from additional contributions N.I.

25.—(1) This regulation applies to a transition member who has accrued entitlements in the 1995 Section from the payment of additional contributions under Part VIII of the 1995 Regulations.

(2) Where this regulation applies, the member may elect that the part of a pension payable under regulation 12 of the 1995 Regulations derived solely from the payment of additional contributions under Part VIII of those Regulations should be payable from—

(a) the member’s chosen date (subject to paragraph (10), as defined in regulation 72(3)), [F1 or, if later, the date on which the member joins the new scheme,] in the case of purchase of additional service;

(b) the member’s chosen birthday (subject to paragraph (10), as defined in regulation 73A), [F2 or, if later, the date on which the member joins the new scheme,] in the case of purchase of additional pension,

notwithstanding the fact that the member continues in pensionable service under the new scheme (and for the purposes of any calculation, the member is to be taken to have retired from pensionable service on the member’s chosen date or F3 ... chosen birthday (as applicable)) [F4 or, if later, the date on which the member joins the new scheme].

(3) Paragraph (4) applies where the member has—

(a) made more than one election under regulation 70 or 72 of the 1995 Regulations;

(b) exercised the option under regulation 73A or 73C of the 1995 Regulations more than once; or

(c) made one or more elections under regulation 72 of the 1995 Regulations and exercised the option under regulation 73A of the 1995 Regulations once or more.

(4) Any election under paragraph (2)—

(a) must—

(i) where it relates to an election under regulation 70 or 72 of the 1995 Regulations be made in relation to every election under those regulations; and

(ii) where it relates to an election under regulation 73A or 73C of the 1995 Regulations be made in relation to every election under those regulations;

which has the same date as the member’s chosen date or chosen birthday (as applicable); and

(b) may be made on a second or subsequent occasion in respect of elections under regulation 70 or 72 of the 1995 Regulations and options under regulation 73A or 73C of the 1995 Regulations which have as the member’s chosen date or chosen birthday (as applicable) a date different from any date in respect of which an election has previously been made under paragraph (2).

(5) Regulations 17 and 17A of the 1995 Regulations (where relevant) apply in relation to a payment made pursuant to this regulation.

(6) An election for the purposes of paragraph (2) must be given in writing to the scheme manager, containing such information as the scheme manager [F5 requires—

(a) no later than one month before the member’s chosen date or chosen birthday (as applicable); or

(b) if—

(i) the member joins the new scheme less than six months before the member’s chosen date or chosen birthday (as applicable); or

(ii) the member joins the new scheme on or after the member’s chosen date or chosen birthday (as applicable),

no later than five months after the date on which the scheme manager provides the notification referred to in paragraph (9).]

(7) Where payment of part of a pension is made pursuant to paragraph (2) in respect of additional service resulting from an election under regulation 70 or 72 of the 1995 Regulations—

(a) regulations 19, 25 and 35 of the 1995 Regulations apply to that part of a pension as though it was the member’s pension for the purposes of those regulations;

(b) the 1995 Regulations apply to the member’s remaining entitlements under those Regulations as though no additional contributions had been made under Part VIII; and

(c) no further pension in respect of the additional contributions actually paid under Part VIII of the 1995 Regulations is payable under those Regulations.

(8) Where payment of part of a pension is made pursuant to paragraph (2) in respect of additional pension resulting from an option under regulation 73A or 73C of the 1995 Regulations—

(a) regulation 73G(4) to (8) of the 1995 Regulations applies;

(b) the 1995 Regulations apply to the member’s remaining entitlements under those Regulations as though no additional contributions had been made under Part VIII; and

(c) no further pension in respect of the additional contributions actually paid under Part VIII of the 1995 Regulations is payable under those Regulations.

(9) The scheme manager must notify the member in writing of the right to make an election under this [F6 regulation—

(a) at least six months before the member’s chosen date or chosen birthday (as applicable); or

(b) if the member joins the new scheme at a time specified in paragraph (6)(b)(i) or (ii), no later than three months after the date on which the member joins the new scheme.]

[F7 (9A) A notice for the purpose of paragraph (9) must specify—

(a) the date on which any pension payable pursuant to this regulation would come into payment were an election to be made;

(b) the amount of any pension payable under this regulation (before any option to commute part of the pension into a lump sum); and

(c) the date by which the election under this regulation must be received by the scheme manager pursuant to paragraph (6).]

(10) In paragraph (2)—

(a) the “chosen date” for an election under regulation 70 is the date of the member’s 60th birthday; and

(b) the “chosen birthday” for an election under regulation 73C is the member’s 60th birthday.

Textual Amendments

F1 Words in reg. 25(2)(a) inserted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(a)(i)

F2 Words in reg. 25(2)(b) inserted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(a)(ii)

F3 Words in reg. 25(2) omitted (1.4.2022) by virtue of The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(a)(iii)(aa)

F4 Words in reg. 25(2) inserted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(a)(iii)(bb)

F5 Words in reg. 25(6) substituted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(b)

F6 Words in reg. 25(9) substituted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(c)

F7 Reg. 25(9A) inserted (1.4.2022) by The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/156), regs. 1(2), 5(5)(d)

Commencement Information

I4 Reg. 25 in operation at 1.4.2015, see reg. 1(1)

(1)

Regulations 73A to 73J were inserted by S.R. 2008 No.163 regulation 51