The National Health Service Pension Scheme Regulations 2015

Effect of election E+W

85.—(1) This regulation applies if a member (M) makes an election under regulation 84.

(2) M is entitled—

(a) if M has reached normal pension age, to immediate payment of the specified percentage of the pension to which M would be entitled by virtue of regulation 73(1) if M had ceased to be employed in one or more employments on election day;

(b) if M has not reached normal pension age, to immediate payment of the specified percentage of the pension to which M would be entitled by virtue of regulation 79 if M had ceased to be employed in one or more employments on election day; and

(c) if the election specifies that M claims immediate payment of additional pension, to the additional pension subject—

(i) where sub-paragraph (a) applies, to an increase of the same amount as would be made in that pension pursuant to paragraph 2 of Schedule 13 if M had ceased to be employed on the election day; and

(ii) where sub-paragraph (b) applies, to a reduction of the same amount as would have been made in that pension pursuant to regulation 79 if M had so ceased to be employed.

(3) For the purposes of this Part—

(a) M is a pensioner member as respects—

(i) the pension to which M is immediately entitled as a result of making the election; and

(ii) the specified percentage of the pensionable service that pension represents, in respect of which M is an active member on the election day;

(b) if M continues in pensionable service after the election day, M is an active member as respects—

(i) the pensionable service after that day in which M continues; and

(ii) so much of the pensionable service in respect of which M is an active member as is not within sub-paragraph (a) (the unspecified service); and

(c) if M does not continue in pensionable service after the election day, M is a deferred member as respects the unspecified service.