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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) (Amendment) Regulations (Northern Ireland) 2005 No. 154 URL: https://www.bailii.org/nie/legis/num_reg/2005/20050154.html |
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Made | 23rd March 2005 | ||
Coming into operation | 9th May 2005 |
Amendment of regulation 3 of the principal Regulations
4.
In regulation 3 (Making and acceptance of elections) -
Amendment of regulation 6 of the principal Regulations
5.
In regulation 6 (Circumstances in which elections cease to have effect) -
Substitution of regulation 10 of the principal Regulations
6.
For regulation 10 (Outward transfers) there shall be substituted the following regulation -
(2) The schemes specified in this paragraph are -
(3) The scheme specified in this paragraph is a free-standing additional voluntary contribution scheme.
(4) Where the Department is required under paragraph (1) to make a transfer payment in circumstances where a transfer payment in respect of an eligible person is also provided and used in accordance with regulation 53 of the 1995 Regulations (Member's right to transfer or buy-out) he shall do so in accordance with the time limits specified in regulation 56 of the 1995 Regulations (Time limit for doing what member requires), as if any reference in that regulation to an application were a reference to the notice referred to in paragraph (1).
(5) In any case where the Department has directed under regulation 20 (Loss of rights to benefit) that all or part of any eligible person's rights to benefit under these Regulations are to be forfeited the cash equivalent payable in respect of that person shall be reduced by the capitalised value of the rights which are to be forfeited.
(6) If disciplinary or court proceedings are commenced against the eligible person within 12 months after leaving superannuable service and it appears to the Department that the proceedings may lead to all or part of that person's rights to benefits being forfeited in accordance with regulation 20, the Department may defer doing what is needed to carry out what that person requires until the date 3 months after the conclusion of those proceedings (including proceedings on appeal) where that date is later than the date which would otherwise apply by virtue of paragraph (4).
(7) Where the Department has done what is needed to carry out what the eligible person requires under this regulation, the Department shall be discharged from any obligation under regulation 15 (Payments by the Department) to or in respect of that person.
(8) In this regulation "eligible person" means a person -
Amendment of Schedule
7.
In paragraph 9 of the Schedule (Benefit Limits) -
M. G. Brennan
A senior officer of the Department of Finance and Personnel
[2] Paragraph 2(A) was inserted by Article 10(5) of S.I. 1990/1509 (N.I. 13)back
[3] Article 14 of the Superannuation (Northern Ireland) Order 1972 was amended by Article 12 of S.I. 1990/1509 (N.I. 13)back
[4] As inserted by Article 12(3) of S.I. 1990/1509 (N.I. 13)back
[5] S.I. 1972/1073 (N.I. 10) as amended by S.I. 1990/1509 (N.I. 13)back
[6] S.R.1999 No. 294 as amended by S.R. 2002 No. 129 and S.R. 2004 No. 104back
[7] Regulation 2 was amended by S..R. 2002 No. 129 and S.R. 2004 No. 104back
[8] The definition of "normal benefit age" was inserted by regulation 2 of S.R. 2004 No. 104back
[10] S.I. 1999/3147 (N.I. 11)back
[11] Regulation 58 was substituted by regulation 6 of S.R. 2004 No. 103back
© Crown copyright 2005