The National Health Service Pension Scheme Regulations 2008

2.D.7    Application of regulations 2.D.5 and 2.D.6 where concurrent part-time employments held E+W

(1) This regulation provides for the application of regulations 2.D.5 and 2.D.6 if a person is an active member [F1 or a non-contributing member] in two or more part-time employments held concurrently on the option day.

(2) Those regulations apply in relation to each of the employments as if it were the only employment held by the member on that day, but subject to the following modifications.

(3) In regulation 2.D.5(1) for sub-paragraph (d) substitute—

“(d) as a result of that change the sum of the annual rate of the member’s pensionable pay in that employment and every other employment held by the member on the option day is reduced to 90% or less of the sum of—

(i) the member’s pensionable pay in the employment during the period of 12 months ending with the option day, and

(ii) the member’s pensionable pay during that period in every other employment held by the member on the option day.”

(4) In regulation 2.D.5(2)—

(a) after the words “paragraph (1)(d)” insert “in the employment or any other employment referred to in that paragraph”, and

(b) after the words “that period” insert the words “in that employment”.

(5) In regulation 2.D.6(1) for sub-paragraph (b) substitute—

“(b) as a result the annual rate of the member’s pensionable pay in that employment is increased to more than 90% of the sum of—

(i) the member’s pensionable pay in the employment during the period of 12 months ending with the option day, and

(ii) the member’s pensionable pay during that period in every other employment held by the member on the option day.”.

(6) In regulation 2.D.6(3)—

(a) after the words “paragraph (1)(b)” insert “in the employment or any other employment referred to in that paragraph”, and

(b) after the words “that period” insert the words “in that employment”.

(7) For regulation 2.D.6(4) substitute—

“(4) If, in the opinion of the Secretary of State, had the terms and conditions of the member’s employment or any other such employment remained the same after the option day (apart from pensionable pay), the annual rate of pensionable pay for the employment as at the time of the change mentioned in paragraph (1)(a) would have exceeded the annual rate referred to in paragraph (1)(b) for that employment—

(a) paragraph (2)(a) does not apply, and

(b) this regulation applies as if paragraph (1)(b) referred to that annual rate instead of the actual annual rate.”.

(8) Where—

(a) a member’s pension is abated in accordance with regulation 2.D.6(2)(a), in the circumstances described in regulation 2.D.6(1)(b), and

(b) the member’s pensionable pay does not reduce in the manner described in regulation 2.D.6(1)(c),

the pension will (in any event) be payable by the Secretary of State when the member retires, or partially retires again, from pensionable employment or attains the age of 75 and in doing so the Secretary of State shall—

(i) have regard to any pensions already paid, including any lump sum paid as a result of the member exercising an option under regulation 2.D.14,

(ii) take advice of the Scheme actuary.

Textual Amendments

F1 Words in reg. 2.D.7(1) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 27 (with reg. 89)