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2.F.17.—(1) An active member who is entitled to have a cash equivalent value calculated in respect of the entirety of the member’s rights under the NHS Pension Scheme 1995, pursuant to regulation M7 of the 1995 Regulations, may apply to convert that cash equivalent value into rights under this Scheme.
(2) An application under paragraph (1)—
(a)must be made in writing using an application form provided for the purpose by the Secretary of State,
(b)may only be made before the end of the period of three months beginning with the guarantee date established under regulation M7 of the 1995 Regulations,
(c)may only be made if the member has first been furnished with a statement of the pensionable service that the member will be entitled to count under this Scheme if the application is accepted by the Secretary of State,
(d)must meet such other conditions as the Secretary of State may require, and
(e)is irrevocable.
(3) The statement mentioned in paragraph (2)(c) must—
(a)inform the member of the amount of pensionable service that will count under this Scheme for the purposes of calculating benefits payable to or in respect of the member,
(b)inform the member of the amount of pensionable service that will count under this Scheme when determining whether or not the member has reached 45 years of pensionable service for the purposes of regulation 2.A.3, and
(c)be calculated in accordance with any guidance, tables and other relevant factors provided by the Scheme actuary for that purpose.
(4) If the Secretary of State accepts an application under paragraph (1)—
(a)the member is entitled to count under this Scheme the periods of pensionable service mentioned in paragraphs (3)(a) and (b) for the purposes specified therein, and
(b)those periods of pensionable service shall be credited to the member on the day that the Secretary of State received the member’s application.]
Textual Amendments
F1Reg. 2.F.17 and cross-heading inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 45 (with reg. 93)
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