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(1) The general rule is that a pension credit member is entitled to a pension for life derived from the member’s pension credit rights if the member has reached 65 and has claimed payment of the pension.
(2) The pension becomes payable—
(a)when the pension credit member reaches 65, or
(b)if it is later, when the pension sharing order under which the member is entitled to the pension credit takes effect.
[F1This is subject to paragraphs (5) and (8).]
(3) The pension must be of such an amount that its value is equal to the member’s pension credit, as calculated in accordance with regulations made under paragraph 5(b) of Schedule 5 to the 1999 Act.
(4) A claim under paragraph (1) must be made by notice in writing in such form as the Secretary of State requires and takes effect from the date specified in the claim as the date on which the pension is to become payable.
[F2(5) A pension credit member who has not reached the age of 65 is entitled to immediate payment of a reduced pension payable for life if the pension credit member has—
(a)reached the age of 55, and
(b)claimed the payment of the pension.
(6) The amount of the annual pension under paragraph (5)—
(a)is first calculated as mentioned in paragraph (3) of this regulation, and
(b)then that amount is reduced by such amount as the Secretary of State determines, after consulting the Scheme actuary, to be appropriate by reason of the payment of the pension before the member reaches 65.
(7) A claim under paragraph (5) must be made by notice in writing in such form as the Secretary of State requires and takes effect from the date specified in the claim as the date on which the pension is to become payable.
(8) A pension credit member who has not reached the age of 65 is entitled to immediate payment of a pension payable for life if, in the opinion of the Secretary of State, the pension credit member—
(a)meets the ill-health condition specified in paragraph 1 of Schedule 28 to the 2004 Act,
(b)had previously been engaged in regular employment but is now permanently incapable of engaging in regular employment due to mental or physical infirmity, and
(c)has claimed the pension.
(9) The amount of the pension under paragraph (8) is calculated as specified in paragraph (3) of this regulation.
(10) For the purpose of paragraph (8), the Secretary of State may require whatever medical evidence that the Secretary of State considers necessary.]
Textual Amendments
F1Words in reg. 2.D.2(2) added (1.4.2009 with effect from 6.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2)(3), 23(a) (with reg. 89)
F2Reg. 2.D.2(5)-(10) added (1.4.2009 with effect from 6.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2)(3), 23(b) (with reg. 89)
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