The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015

PART 2 E+W Transitional provisions

CHAPTER 1 E+W Eligibility

Eligibility of pensioners E+W

3.  Schedule 1 (eligibility of pensioners) has effect.

Commencement Information

I1 Reg. 3 in force at 1.4.2015, see reg. 1(b)

CHAPTER 2 E+W Notices and elections

Carry-forward of old scheme opt-out E+W

4.  Where, on the date a person becomes eligible to join the new scheme, that person has—

(a) opted out of membership of the old scheme pursuant to regulation—

(i) B4 of the 1995 Regulations; or

(ii) 2.B.5 or 3.B.5 of the 2008 Regulations; or

(b) provided their employer with a valid opt-out notice for the purposes of regulations 9 or 15 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010(1) (“the 2010 Regulations”),

that person is to be treated as having also opted out under paragraph 1 of Schedule 4 to the 2015 Regulations or given notice for the purposes of the 2010 Regulations in relation to the new scheme.

Commencement Information

I2 Reg. 4 in force at 1.4.2015, see reg. 1(b)

Nominations, notices and declarations E+W

5.—(1) Paragraph (2) applies where—

(a) a nomination, notice or declaration of the type specified in column 1 of the table has been accepted in respect of benefits to be paid on the death of a person who is a member of the 1995 Section or the 2008 Section of the old scheme; and

(b) on the day that the member becomes an active member of the [F1 new scheme], the member has not revoked that nomination, notice or declaration.

Table

Column 1 Nomination, notice or declaration in the 1995 Section or 2008 Section	Column 2 Corresponding notice or declaration in the [F2 new scheme]
A nomination made in accordance with regulation F5 of the 1995 Regulations (payment of lump sum) in favour of one or more persons in respect of any lump sum that becomes payable under regulations F1 to F4 of the 1995 Regulations (which deal with lump sum payments on the death of a 1995 Section member in different circumstances).	A notice given in accordance with paragraph 9 (payment of lump sums on death) of Schedule 14 (lump sum on death) to the 2015 Regulations in favour of one or more persons in respect of any lump sums that become payable under regulation 112 of the 2015 Regulations.
A notice given in accordance with regulation 2.E.21 or 3.E.21 of the 2008 Regulations (payment of lump sums or pensions on death) in favour of one or more persons in respect of any lump sums or pensions that become payable under regulation 2.E.16 or 3.E.16 of the 2008 Regulations (which deal with lump sum or pension payments on the death of a 2008 Section member in different circumstances).
A notice given for the purpose of paragraph (3)(a) of regulation F5 of the 1995 Regulations that the member’s surviving partner (within the meaning of that regulation) is not to receive payment of any lump sum that becomes payable under regulations F1 to F4 of the 1995 Regulations.	A notice given in accordance with paragraph 9 (payment of lump sums on death) of Schedule 14 (lump sum on death) to the 2015 Regulations specifying that the member’s personal representatives are to receive any lump sum on the death of the member payable under regulation 112 of the 2015 Regulations.
F3 ...	F4 ...
F5 ...

(2) Where this paragraph applies, for the purposes of the [F6 new scheme], the nomination, notice or declaration mentioned is to be treated as if it had been accepted by the scheme manager as the corresponding notice or declaration in column 2 of the table in paragraph (1).

(3) The revocation of—

(a) a nomination, notice or declaration of the type specified in column 1 of the table in paragraph (1) will also revoke the corresponding notice or declaration in column 2 of that table without more;

(b) a notice or declaration of the type specified in column 2 of the table in paragraph (1) will also revoke the corresponding nomination, notice or declaration in column 1 of that table without more.

(4) The—

(a) making of a new nomination or declaration, or giving of a new notice, of the type specified in column 1 of the table in paragraph (1) is also to be treated by the scheme manager as the giving of the corresponding notice or making of the corresponding declaration in column 2 of that table without more;

(b) giving of a new a notice or making of a new declaration of the type specified in column 2 of the table in paragraph (1) is also to be treated by the Secretary of State as the making of the corresponding nomination or declaration, or giving of the corresponding notice, of the type specified in column 1 of that table without more.

Textual Amendments

F1 Words in reg. 5(1)(b) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 91(a)(i) (with reg. 105)

F2 Words in reg. 5(1) table substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 91(a)(ii) (with reg. 105)

F3 Words in reg. 5(1) table omitted (with effect from 1.4.2015) by virtue of The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(5), 107(a)(i)

F4 Words in reg. 5(1) table omitted (with effect from 1.4.2015) by virtue of The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(5), 107(b)

F5 Words in reg. 5(1) table omitted (with effect from 1.4.2015) by virtue of The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(5), 107(a)(ii)

F6 Words in reg. 5(2) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 91(b) (with reg. 105)

Commencement Information

I3 Reg. 5 in force at 1.4.2015, see reg. 1(b)

CHAPTER 3 E+W Membership status and breaks in service

Active member status preservation E+W

6.  Unless otherwise provided in these Regulations, a transition member who is an active member of the new scheme is to be treated, for the purposes of the old scheme, as though they continue to be an active member of the old scheme notwithstanding the operation of section 18(1) of the 2013 Act.

Commencement Information

I4 Reg. 6 in force at 1.4.2015, see reg. 1(b)

Qualifying service E+W

7.—(1) In determining whether a transition member who is in pensionable service under the new scheme qualifies for retirement benefits (other than an ill-health pension) under the old scheme, the member’s pensionable service under the old scheme terminates when the member’s pensionable service under the new scheme terminates.

(2) Unless a transition member becomes a deferred member of the new scheme, the member does not become—

(a) a member with a preserved pension in the 1995 Section; or

(b) a deferred member of the 2008 Section.

(3) Where a transition member with more than two years of qualifying service opts out of membership of the new scheme pursuant to regulation 15 of the 2015 Regulations, the member becomes—

(a) a member with a preserved pension under the 1995 Section; or

(b) a deferred member of the 2008 Section,

in relation to service in that Section.

(4) Where a transition member has re-entered pensionable service under the new scheme, that member ceases to be—

(a) a member with a preserved pension in the 1995 Section; or

(b) a deferred member of the 2008 Section.

(5) In determining whether a member qualifies for benefits under the old scheme, the period of the member’s qualifying service under regulation 22 of the new scheme applies in place of the period calculated pursuant to regulation—

(a) C3 of the 1995 Regulations; or

(b) 2.A.5 or 3.A.5 of the 2008 Regulations.

Commencement Information

I5 Reg. 7 in force at 1.4.2015, see reg. 1(b)

Members on authorised unpaid leave E+W

8.  Where, on the date a person becomes eligible to join the new scheme, that person is on a leave of absence during which they are paying contributions pursuant to regulation P2 of the 1995 Regulations or 2.A.4(3) or 3.A.4(3) of the 2008 Regulations—

(a) regulation 21 of the 2015 Regulations applies to that person; and

(b) for the purposes of determining whether and for how long that person may continue to pay contributions under the 2015 Regulations, the contributions paid and the period of absence under the old scheme must be taken into account.

Commencement Information

I6 Reg. 8 in force at 1.4.2015, see reg. 1(b)

Casual staff and locums not working on eligibility date E+W

9.  Paragraph (2) applies where, on the date a person becomes eligible to join the new scheme, that person—

(a) is—

(i) employed on a casual basis and has ceased to pay contributions under regulation C3(4A) of the 1995 Regulations(2) or 2.A.5(2) of the 2008 Regulations; or

(ii) a locum practitioner and has ceased to pay contributions under paragraph 9A of Schedule 2 to the 1995 Regulations(3) or regulation 3.A.5(2) of the 2008 Regulations; and

(b) has ceased to pay those contributions because of a break which, on the date they become eligible to join the new scheme, is a break not exceeding a period of three months (“a relevant break”),

(2) Regulation 22(5) and (6) of the 2015 Regulations applies as though the member’s relevant break had commenced whilst the member was an active member of the new scheme.

Commencement Information

I7 Reg. 9 in force at 1.4.2015, see reg. 1(b)

Disqualifying breaks in service E+W

10.—(1) Paragraph (3) applies to a member with pensionable service in the old scheme who—

(a) on 1st April 2015—

(i) is on a break in NHS employment in the old scheme; or

(ii) has opted out of the old scheme pursuant to regulation—

(aa) B4 of the 1995 Regulations; or

(bb) 2.B.5 or 3.B.5 of the 2008 Regulations;

(b) was not—

(i) entitled to a preserved pension under regulation L1 of the 1995 Regulations; or

(ii) a deferred member of the 2008 Section in respect of that service,

when that service ceased; and

(c) subsequently becomes an active member of the new scheme.

(2) Paragraph (4) applies to a member with pensionable service in the old scheme who—

(a) subsequently becomes an active member of the new scheme;

(b) has a break in pensionable service in the new scheme commencing on or after 2nd April 2015; and

(c) is not qualified for retirement benefits pursuant to regulation 72 of the 2015 Regulations on ceasing pensionable service in the new scheme.

(3) Where a member’s break between pensionable service in the old scheme and pensionable service in the new scheme is less than one year—

(a) the contributions in respect of old scheme service are not refundable to the member under regulation—

(i) L2 of the 1995 Regulations; or

(ii) 2.C.18 or 3.C.16 of the 2008 Regulations; and

(b) if a refund under those regulations was paid in respect of the member’s old scheme service during the break, the member may repay that refund (including any interest on those contributions which was paid to the member) under regulation—

(i) L4(5) of the 1995 Regulations; or

(ii) 2.A.4(8) or 3.A.4(8) of the 2008 Regulations,

within six months of joining the new scheme.

(4) Where a member’s break in pensionable service in the new scheme is five years or less—

(a) the contributions in respect of old scheme service are not refundable to the member under regulation—

(i) L2 of the 1995 Regulations; or

(ii) 2.C.18 or 3.C.16 of the 2008 Regulations; and

(b) if a refund under those regulations was paid in respect of the member’s old scheme service during the break, the member may repay that refund (including any interest on those contributions which was paid to the member) under regulation—

(i) L4(5) of the 1995 Regulations; or

(ii) 2.A.4(8) or 3.A.4(8) of the 2008 Regulations,

within six months of joining the new scheme.

Commencement Information

I8 Reg. 10 in force at 1.4.2015, see reg. 1(b)

[F7 Effect of recommencing service after break E+W

10A.— (1) Paragraph (2) applies where—

(a) on the date a person [F8 other than a non-pensionable old scheme member] becomes eligible to join the new scheme that person is absent from work because of illness or injury and that person’s earnings have ceased either—

(i) in the circumstances described in regulation P1 of the 1995 Regulations, or

(ii) in the circumstances described in regulations 2.A.9(7), or 3.A.8(4) of the 2008 Regulations, and

(b) on the date the person’s employment is terminated or the person dies (“the relevant date”)—

(i) that person’s earnings have not recommenced, and

(ii) for the purposes of the new scheme, that person’s pensionable earnings are zero.

(2) Where paragraph (1) is satisfied, if the earnings of a person referred to in that paragraph had recommenced at the relevant date the scheme manager may determine that the person would have become entitled to either—

(a) the benefit set out at paragraph (4)(b) of regulation 28 (ill health benefits: members below normal pension age) where that person’s employment is terminated, or

(b) one or more of the benefits set out at regulation 40 (death in service) where that person dies.

(3) Where the scheme manager does so determine, for the purposes of calculating the benefits referred to in paragraph (2)—

(a) the person is treated as if they were in pensionable service on their last day of NHS employment, and

(b) contributions in respect of that day are deemed to have been paid.]

Textual Amendments

F7 Reg. 10A inserted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 92 (with reg. 105)

F8 Words in reg. 10A(1)(a) inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 27

CHAPTER 4 E+W Contributions and final pay

Contribution rate setting : Groups A to C E+W

11.—(1) This regulation applies to a transition member who belongs to Group A, B or C in regulation 27(1) of the 2015 Regulations and who on 31st March [F9 2022] was—

(a) a member in pensionable employment in the 1995 Section; or

(b) an active member of the 2008 Section.

(2) Where this regulation applies, for the purposes of setting a contribution rate for the scheme year commencing on 1st April [F10 2022]—

(a) paragraph 2 of Schedule 11 to the 2015 Regulations applies as though the member was in pensionable employment with the same employing authority on both—

(i) the last day of the previous scheme year, and

(ii) the first day of the current scheme year;

(b) in determining which of the cases the member falls into pursuant to sub-paragraph (2) of that paragraph, the member is to be assessed as if during the scheme year 1st April [F11 2021] to 31st March [F12 2022]—

(i) that member’s pensionable employment (within the meaning of the 1995 Section) or active service (within the meaning of the 2008 Section) was actually pensionable employment under the 2015 Regulations; and

(ii) the percentage rate of contributions paid by the member during that year in the relevant Section was actually the percentage rate of contributions paid during the previous scheme year under the 2015 Regulations.

Textual Amendments

F9 Word in reg. 11(1) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(2)(a)

F10 Word in reg. 11(2) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(2)(b)(i)

F11 Word in reg. 11(2)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(2)(b)(ii)(aa)

F12 Word in reg. 11(2)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(2)(b)(ii)(bb)

Commencement Information

I9 Reg. 11 in force at 1.4.2015, see reg. 1(b)

Contribution rate setting : Group D E+W

12.—(1) This regulation applies to a transition member who belongs to Group D in regulation 27(1) of the 2015 Regulations and who on 31st March [F13 2022] was—

(a) a member in pensionable employment in the 1995 Section; or

(b) an active member of the 2008 Section.

(2) Where this regulation applies, for the purposes of setting a contribution rate for the scheme year commencing on 1st April [F14 2022], in regulations 38(4)(b) and 39(4)(b) of the 2015 Regulations, the member’s most recent certified or final pensionable earnings are to be the member’s certified earnings or final pensionable earnings derived from the member’s—

(a) pensionable employment in the 1995 Section, in accordance with paragraph 23 to Schedule 2 of the 1995 Regulations; or

(b) active service in the 2008 Section, in accordance with regulation 3.J.14 of the 2008 Regulations.

Textual Amendments

F13 Word in reg. 12(1) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(3)(a)

F14 Word in reg. 12(2) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(3)(b)

Commencement Information

I10 Reg. 12 in force at 1.4.2015, see reg. 1(b)

Taper protection for contribution tiering E+W

13.—(1) This regulation applies to—

(a) a member who—

(i) is in pensionable employment in the 1995 Section on the day before they reach their eligibility cessation date (determined in accordance with regulation B3(8R) or (8S) of the 1995 Regulations(4)); and

(ii) becomes an active member of the [F15 new scheme] on that eligibility cessation date; and

(b) a member who—

(i) is an active member of the 2008 Section on the day before they reach their eligibility cessation date (determined in accordance with regulations 2.B.2(1F) or 3.B.2(1F) of the 2008 Regulations(5)); and

(ii) becomes an active member of the [F16 new scheme] on that eligibility cessation date.

(2) Where this regulation applies—

(a) the member must pay contributions during the scheme year within which their eligibility cessation date falls at the percentage rate that applied to them on the day before their eligibility cessation date is reached under—

(i) regulation D1 of, or paragraph 10 of Schedule 2 to, the 1995 Regulations; or

(ii) regulation 2.C.2 or 3.C.2 of the 2008 Regulations;

(b) in the case of a member who belongs to Group A, B or C in regulation 27(1) of the 2015 Regulations, the member must pay that rate for the remainder of the scheme year unless there is a change to the member’s employment or rate of pensionable earnings during that scheme year pursuant to paragraph 3 of Schedule 11 to the 2015 Regulations (in which case the rate of the member’s percentage contribution rate for the remainder of the scheme year must be re-assessed in accordance with that paragraph);

(c) in the case of a member who belongs to Group D in regulation 27(1) of the 2015 Regulations, the member must pay that rate for the remainder of the scheme year unless—

(i) a host Board adjusts the member’s contribution rate pursuant to paragraph (6) of whichever of regulations 38 or 39 of the 2015 Regulations applies to the member; or

(ii) paragraph (2)(a) or (b) of whichever of regulations 38 or 39 of the 2015 Regulations applies to the member is subsequently satisfied in respect of the member (in which case the member must pay the rate determined in accordance with paragraph (3) of whichever of those regulations applies to the member).

Textual Amendments

F15 Words in reg. 13(1)(a)(ii) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 93 (with reg. 105)

F16 Words in reg. 13(1)(b)(ii) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 93 (with reg. 105)

Commencement Information

I11 Reg. 13 in force at 1.4.2015, see reg. 1(b)

Determination of pensionable pay, final pensionable pay and reckonable pay E+W

14.—(1) For any purpose of the old scheme including the calculation of benefits payable under that scheme to or in respect of a 1995 officer transition member [F17 or a non-pensionable 1995 Section member], the member’s pensionable pay and final year’s pensionable pay are to be determined by reference to the 1995 Regulations (see in particular Part C of those Regulations).

(2) For any purpose of the old scheme including the calculation of benefits payable under that scheme to or in respect of a 2008 officer transition member [F18 or a non-pensionable 2008 Section member], the member’s pensionable pay and reckonable pay are to be determined by reference to the 2008 Regulations (see in particular Chapter 2.A of Part 2 of those Regulations).

Textual Amendments

F17 Words in reg. 14(1) inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 28(2)

F18 Words in reg. 14(2) inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 28(3)

Commencement Information

I12 Reg. 14 in force at 1.4.2015, see reg. 1(b)

No refund of contributions in cases of inordinate pay E+W

15.  Where the Secretary of State determines the amount of a [F19 member’s final years’ pensionable pay in respect of a 1995 officer transition member or a non-pensionable 1995 Section member] pursuant to paragraph (10) of regulation C1 of the 1995 Regulations, no refund of contributions is payable under paragraphs (12)(b) and (c) of that regulation.

Textual Amendments

F19 Words in reg. 15 substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 29

Commencement Information

I13 Reg. 15 in force at 1.4.2015, see reg. 1(b)

Cessation of final salary link on payment of benefits E+W

16.  Where an officer transition member’s benefits [F20 or a non-pensionable old scheme member’s benefits] under the old scheme calculated by reference to Schedule 7 of the 2013 Act have been put into payment, those benefits cannot be recalculated by reference to that Schedule where there is a subsequent period of pensionable public service within the meaning of paragraph 3 of that Schedule.

Textual Amendments

F20 Words in reg. 16 inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 30

Commencement Information

I14 Reg. 16 in force at 1.4.2015, see reg. 1(b)

Final salary link : Mental Health Officers E+W

17.—(1) This regulation applies to a 1995 officer transition member—

(a) to whom regulation R3(1) of the 1995 Regulations applied on the member’s last day of pensionable service in the 1995 Section;

(b) to whom regulation R3(10) or (11) of the 1995 Regulations applied on the member’s last day of pensionable service in the 1995 Section; and

(c) who has at least one day of pensionable service in the new scheme (“notional mental health officer service”) which, had it been served in the 1995 Section, would have—

(i) satisfied the definition of “mental health officer” in regulation R3(14) of the 1995 Regulations, and

(ii) been service to which regulation R3(1) would have applied.

(2) Where this regulation applies, the final year’s pensionable pay to be used in the calculation of the member’s benefits under regulation R3(10) or (11) of the 1995 Regulations will be that derived from the member’s notional mental health officer service.

Commencement Information

I15 Reg. 17 in force at 1.4.2015, see reg. 1(b)

[F21 Final salary link: non-pensionable old scheme members E+W

17A.— (1) This regulation applies if benefits under the old scheme payable to or in respect of a non-pensionable old scheme member are to be calculated by reference to that member’s final salary as determined in accordance with Schedule 7 to the 2013 Act (“the member’s final salary link”).

(2) Where this regulation applies, the benefits under the old scheme payable to or in respect of the member may be calculated without reference to the member’s final salary link if it would be more beneficial to the member or other beneficiary to do so.]

Textual Amendments

F21 Reg. 17A inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 31

Uprating of old scheme practitioner earnings E+W

18.— [F22 (1)] [F23 Subject to paragraphs (2) and (3), in relation to] a practitioner transition member, as regards the period [F24 in which the member is a member of the new scheme]—

(a) paragraph 11(2)(b) of Schedule 2 to the 1995 Regulations; and

(b) regulation 3.D.1(4) of the 2008 Regulations,

apply as though the words “the annual increase due under the provisions of the Pensions (Increase) Act 1971 and section 59 of the Social Security Pensions Act 1975, plus” were omitted.

[F25 (2) Paragraph (3) applies if a practitioner transition member is purchasing additional service pursuant to regulation 22 (existing additional service and unreduced lump sum contracts) of these Regulations.

(3) Paragraph (1) does not apply for the purposes of calculating that member’s uprated pensionable earnings in relation to that purchase for the purposes of sub-paragraph (5) of paragraph 20 of Schedule 2 to the 1995 Regulations.]

Textual Amendments

F22 Reg. 18 renumbered as reg 18(1) (with effect from 1.4.2015) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 1(2)(a), 51(2)

F23 Words in reg. 18(1) substituted (with effect from 1.4.2015) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 1(2)(a), 51(3)

F24 Words in reg. 18(1) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(4)

F25 Reg. 18(2)(3) inserted (with effect from 1.4.2015) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 1(2)(a), 51(4)

Commencement Information

I16 Reg. 18 in force at 1.4.2015, see reg. 1(b)

Flexibility earnings credit : calculation E+W

19.—(1) This regulation and regulations 20 and 21 apply to a transition member who—

(a) has pensionable service as a practitioner in either the old scheme or the new scheme; and

(b) has pensionable service in the old scheme as an officer.

(2) Where this regulation applies, the member is entitled to a flexibility earnings credit equal to—

where—

• F is the total amount of the member’s pension in the old scheme as at the last day of pensionable service in that scheme;

• P is the amount of the member’s pension in the old scheme arising solely from service as a practitioner as at the last day of pensionable service in that scheme;

• A is—

  (i)

  1.4% if the 1995 Section applies to the member;

  (ii)

  1.87% if the 2008 Section applies to the member,

and the amounts of pension for the purposes of this calculation are amounts before any actuarial reduction is applied by reason of payment before normal pension age for the relevant Section.

Commencement Information

I17 Reg. 19 in force at 1.4.2015, see reg. 1(b)

Flexibility earnings credit : uprating E+W

20.—(1) The amount of a flexibility earnings credit calculated under regulation 19(2) is to be increased at the rate specified in paragraph (2) for each year or part year from the day after the last day of pensionable service in the old scheme until the earlier of—

(a) the claiming of pension benefits under the old scheme;

(b) the member’s last day of pensionable employment under the 2015 Regulations; or

(c) where the member has one or more breaks of service under the 2015 Regulations that exceeds five years, the last day of pensionable service following which the earliest such break commenced,

in order to generate an uprated flexibility earnings credit.

(2) The annual rate of increase of a flexibility earnings credit is the rate set for that year by the Secretary of State after having taken the advice of the scheme actuary for the purpose.

Commencement Information

I18 Reg. 20 in force at 1.4.2015, see reg. 1(b)

Flexibility earnings credit : adjustment of pension payable E+W

21.—(1) Where pension benefits are payable under the old scheme, the amount payable is adjusted as follows.

(2) As regards the element of pension payable under the old scheme in respect of service as an officer, the member is entitled only to the higher of—

(a) the amount of pension actually payable under the old scheme in respect of service as an officer;

(b) the amount of pension payable under the old scheme—

(i) as if the member’s period of pensionable service as an officer were treated as pensionable service as a practitioner, and

(ii) as though the uprated flexibility earnings credit were treated as pensionable earnings as a practitioner for that period,

and the provisions of paragraphs 9 and 11A of Schedule 2 to the 1995 Regulations(6) and Part 4 of the 2008 Section do not apply.

Commencement Information

I19 Reg. 21 in force at 1.4.2015, see reg. 1(b)

CHAPTER 5 E+W Additional contributions

Existing additional service and unreduced lump sum contracts E+W

22.—(1) This regulation applies to a member of the new scheme who—

(a) on the member’s last day of pensionable service in the 1995 Section was paying for additional service or an unreduced retirement lump sum by regular additional contributions pursuant to regulation Q6 of the 1995 Regulations;

(b) does not have a break between the last day of pensionable service in the 1995 Section and the first day of pensionable service in the new scheme lasting for 12 months or more.

(2) Where this regulation applies, the provisions of—

(a) regulations Q1 to Q6 of the 1995 Regulations continue to apply to the member as though the member continues in pensionable service under the 1995 Section until the earliest of—

(i) the chosen date (as defined in regulation Q6 of the 1995 Regulations);

(ii) if the member has a break in pensionable service under the new scheme lasting for 12 months or more, the last day of pensionable service that preceded that break;

(iii) the day preceding the day on which the member stops paying additional contributions; or

(iv) retirement from pensionable employment under the new scheme; and

(b) regulation Q7 of the 1995 Regulations continues to apply if the member who is paying for additional service or unreduced retirement lump sum by regular additional contributions stops paying before the chosen date under regulation Q6(3) of the 1995 Regulations,

and the member’s pensionable earnings in the new scheme are to be treated as the member’s pensionable pay in the 1995 Section for the purpose of determining the amount of any additional contributions due.

Commencement Information

I20 Reg. 22 in force at 1.4.2015, see reg. 1(b)

Existing additional pension contracts E+W

23.—(1) This regulation applies to a member of the new scheme who—

(a) on the member’s last day of pensionable service in the old scheme was paying for additional pension by additional periodical contributions pursuant to regulation—

(i) Q8 of the 1995 Regulations; or

(ii) 2.C.8 or 3.C.6 of the 2008 Regulations;

(b) does not have a break between the last day of pensionable service in the old scheme and the first day of pensionable service in the new scheme lasting for 12 months or more.

(2) Where this regulation applies, the provisions of—

(a) the relevant regulations continue to apply to the member as though the member continues in pensionable service under the old scheme until the earliest of—

(i) the end of the contribution option period (as defined in the old scheme);

(ii) if the member has a break in pensionable service under the new scheme lasting for 12 months or more, the last day of pensionable service that preceded that break;

(iii) the day preceding the day on which the member stops paying additional periodical contributions; or

(iv) retirement from pensionable employment under the new scheme; and

(b) regulation—

(i) Q16 of the 1995 Regulations, or

(ii) 2.C.16 or 3.C.14 of the 2008 Regulations,

continues to apply if the member who is paying for additional pension by additional periodical contributions stops paying before the end of the contribution option period.

(3) In paragraph (2), “relevant regulations” means—

(a) in the case of a member whose old scheme service was in the 1995 Section, regulations Q8 to Q15 and Q17 of the 1995 Regulations; and

(b) in the case of a member whose old scheme service was in the 2008 Section—

(i) regulations 2.C.8 to 2.C.15 and 2.C.17 to 2.C.18; or

(ii) regulations 3.C.6 to 3.C.13 and 3.C.15 to 3.C.16,

of the 2008 Regulations.

Modifications etc. (not altering text)

C1 Reg. 23 applied (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), regs. 1(2), 16(2)

Commencement Information

I21 Reg. 23 in force at 1.4.2015, see reg. 1(b)

Additional contributions : ill-health E+W

24.  Where regulation 22 or 23 applies, references to—

(a) regulation E2 and E2A in regulations Q7 and Q15 of the 1995 Section;

(b) regulation 2.D.8 in regulation 2.C.15 of the 2008 Section; and

(c) regulation 3.D.7 in regulation 3.C.13 of the 2008 Section,

are to be read as references to an ill-health pension under regulation 90 of the 2015 Regulations in accordance with regulations 28 and 29 of these Regulations.

Commencement Information

I22 Reg. 24 in force at 1.4.2015, see reg. 1(b)

Decoupling of benefits derived from additional contributions E+W

25.—(1) This regulation applies to a transition member who has accrued entitlements in the 1995 Section from the payment of additional contributions under Part Q of the 1995 Regulations.

(2) Where this regulation applies, the member may elect that the part of a pension payable under regulation E1 of the 1995 Regulations derived solely from the payment of additional contributions under Part Q of those Regulations should be payable from—

(a) the member’s chosen date (subject to paragraph (10), as defined in regulation Q6(3)), [F26 or, if later, the date on which the member joins the new scheme,] in the case of purchase of additional service;

(b) the member’s chosen birthday (subject to paragraph (10), as defined in regulation Q8), [F27 or, if later, the date on which the member joins the new scheme,] in the case of purchase of additional pension,

notwithstanding the fact that the member continues in pensionable service under the new scheme (and for the purposes of any calculation, the member is to be taken to have retired from pensionable service on the member’s chosen date or F28 ... chosen birthday (as applicable)) [F29 or, if later, the date on which the member joins the new scheme].

(3) Paragraph (4) applies where the member has—

(a) made more than one election under regulation Q4 or Q6 of the 1995 Regulations;

(b) exercised the option under regulation Q8 or Q10 of the 1995 Regulations more than once; or

(c) made one or more elections under regulation Q6 of the 1995 Regulations and exercised the option under regulation Q8 of the 1995 Regulations once or more.

(4) Any election under paragraph (2)—

(a) must—

(i) where it relates to an election under regulation Q4 or Q6 of the 1995 Regulations be made in relation to every election under those regulations; and

(ii) where it relates to an option under regulation Q8 or Q10 of the 1995 Regulations be made in relation to every election under those regulations,

which has the same date as the member’s chosen date or chosen birthday (as applicable); and

(b) may be made on a second or subsequent occasion in respect of elections under regulation Q4 or Q6 of the 1995 Regulations and options under regulation Q8 or Q10 of the 1995 Regulations which have as the member’s chosen date or chosen birthday (as applicable) a date different from any date in respect of which an election has previously been made under paragraph (2).

(5) Regulations E6 and E7 of the 1995 Regulations (where relevant) apply in relation to a payment made pursuant to this regulation.

(6) An election for the purposes of paragraph (2) must be given in writing to the scheme administrator, containing such information as the scheme administrator [F30 requires—

(a) no later than one month before the member’s chosen date or chosen birthday (as applicable); or

(b) if—

(i) the member joins the new scheme less than six months before the member’s chosen date or chosen birthday (as applicable); or

(ii) the member joins the new scheme on or after the member’s chosen date or chosen birthday (as applicable),

no later than five months after the date on which the scheme administrator provides the notification referred to in paragraph (9).]

(7) Where payment of part of a pension is made pursuant to paragraph (2) in respect of additional service resulting from an election under regulation Q4 or Q6 of the 1995 Regulations—

(a) regulations F2, G3 and H4 of the 1995 Regulations apply to that part of a pension as though it was the member’s pension for the purposes of those regulations;

(b) the 1995 Regulations apply to the member’s remaining entitlements under those Regulations as though no additional contributions had been made under Part Q; and

(c) no further pension in respect of the additional contributions actually paid under Part Q of the 1995 Regulations is payable under those Regulations.

(8) Where payment of part of a pension is made pursuant to paragraph (2) in respect of additional pension resulting from an option under regulation Q8 or Q10 of the 1995 Regulations—

(a) regulation Q14(4) to (8) of the 1995 Regulations applies;

(b) the 1995 Regulations apply to the member’s remaining entitlements under those Regulations as though no additional contributions had been made under Part Q; and

(c) no further pension in respect of the additional contributions actually paid under Part Q of the 1995 Regulations is payable under those Regulations.

(9) The scheme administrator must notify the member in writing of the right to make an election under this [F31 regulation—

(a) at least six months before the member’s chosen date or chosen birthday (as applicable); or

(b) if the member joins the new scheme at a time specified in paragraph (6)(b)(i) or (ii), no later than three months after the date on which the member joins the new scheme.]

[F32 (9A) A notice for the purposes of paragraph (9) must specify—

(a) the date on which any pension payable pursuant to this regulation would come into payment were an election to be made;

(b) the amount of any pension payable under this regulation (before any option to commute part of the pension into a lump sum); and

(c) the date by which the election under this regulation must be received by the scheme administrator pursuant to paragraph (6).]

(10) In paragraph (2)—

(a) the “chosen date” for an election under regulation Q4 is the date of the member’s 60th birthday; and

(b) the “chosen birthday” for an election under regulation Q10 is the member’s 60th birthday.

Textual Amendments

F26 Words in reg. 25(2)(a) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(5)(a)(i)

F27 Words in reg. 25(2)(b) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(5)(a)(ii)

F28 Words in reg. 25(2) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(5)(a)(iii)(aa)

F29 Words in reg. 25(2) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(5)(a)(iii)(bb)

F30 Words in reg. 25(6) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(5)(b)

F31 Words in reg. 25(9) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(5)(c)

F32 Reg. 25(9A) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(5)(d)

Commencement Information

I23 Reg. 25 in force at 1.4.2015, see reg. 1(b)

CHAPTER 6 E+W Bulk Transfers

Acceptance of bulk transfers E+W

26.—(1) If, in circumstances where regulation 148 of the 2015 Regulations applies, the special terms agreed for the acceptance of transfer payments require such part of a transfer value payment as relates to a member’s final salary benefits to be paid into the 1995 Section or the 2008 Section, that part of the transfer value must be paid into that Section.

(2) In this regulation, “final salary benefit” means—

(a) benefit accrued under a final salary scheme; and

(b) where only part of the pension entitlement payable under a final salary scheme to or in respect of a person which is based on the pensionable service of that person is or may be determined by reference to the person’s final salary, the benefit in respect of which the pension entitlement is so determined.

Commencement Information

I24 Reg. 26 in force at 1.4.2015, see reg. 1(b)

CHAPTER 7 E+W Retirement benefits

Ill-health benefits : continuity of existing applications E+W

27.—(1) This regulation [F33 , except paragraph (1A) and paragraph (2) to the extent that it relates to paragraph (1A),] applies [F34 during the application period] to a member—

(a) who, [F35 on [F36 the transition date—]]

(i) is prevented from contributing to or accruing further [F37 pensionable] service in the 1995 Section or being an active member of the 2008 [F38 Section; and]

F39 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) becomes eligible to join the new scheme F40 ...;

(b) who submitted Form AW33E (or such other form as the Secretary of State accepted) together with supporting medical evidence [F41 (if] not included in the form) for the purposes of [F42 1995 regulation E2A (ill health pension on early retirement), 2008 regulation 2.D.8 or 2008 regulation 3.D.7 (early retirement on ill-health: active members and non-contributing members)] before the transition date;

(c) whose Form AW33E [F43 (or such other form as the Secretary of State accepted)] and supporting medical evidence [F44 (“the member’s application for ill-health pension”)] was received by the Secretary of State before the transition date; and

(d) whose ill-health pension has not become payable under the 1995 Section or the 2008 Section before the transition date.

[F45 (1A) This regulation, except paragraph (1) and paragraph (2) to the extent that it relates to paragraph (1), applies during the application period to a member—

(a) who has remediable service in the legacy scheme up to and including 31st March 2022—

(i) that is pensionable service under that scheme by virtue of section 2(1) of PSPJOA 2022;

(ii) in respect of which an immediate choice election by virtue of regulation 9 of the National Health Service Pension Schemes (Remediable Service) Regulations 2023 (election for 2015 scheme benefits: immediate choice members and deceased members) has not been made;

(b) who on the transition date—

(i) was prevented from contributing to or accruing further pensionable service in the 1995 Section or being an active member of the 2008 Section; and

(ii) was eligible to be an active member of the new scheme;

(c) who submitted Form AW33E (or such other form as the Secretary of State accepted) together with supporting medical evidence (if not included in the form) for the purposes of 2015 regulation 90 before the transition date;

(d) whose Form AW33E (or such other form as the Secretary of State accepted) and supporting medical evidence (“the member’s application for ill-health pension”) was received by the Secretary of State before the transition date; and

(e) whose ill-health pension had not become payable under the new scheme before the transition date.]

(2) [F46 For the purposes of [F47 paragraphs (1) and (1A)], “the application period” in relation to a member is the period which ends with the day on which—]

(a) the member withdraws the application for ill-health pension; or

(b) the Secretary of State determines that there is no entitlement to [F48 an] ill-health pension [F49 in respect of that application] and that determination has become final and binding.

(3) [F50 For the purposes of paragraph (2)(b), a determination becomes final and binding when—]

(a) the determination may not be the subject of further challenge by the member—

(i) pursuant to dispute resolution arrangements made and implemented under section 50 of the Pensions Act 1995(8);

(ii) by way of a complaint to the Pensions Ombudsman pursuant to Part X of the Pension Schemes Act 1993(9); or

[F51 (iii) by proceedings before a court or tribunal;;] or

(b) F52 ... the member has indicated in writing that—

(i) the application for ill-health pension is withdrawn; or

(ii) the determination is accepted by the member as being final and binding and any right to further challenge is waived.

F53 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F54 (7) Where this regulation applies—

(a) the member’s application for ill-health pension is considered in accordance with paragraph (8) or (9) (whichever is relevant); and

(b) the member’s benefits, if any, are paid in accordance with paragraph (10) and the further provisions referred to in that paragraph (whichever are relevant).

(8) If the member was in pensionable employment in the 1995 Section on 31st March 2022, the member’s application for ill-health pension is considered—

(a) as an application for ill-health pension for the purposes of 2015 regulation 90 (entitlement to ill-health pension); and

(b) as if it were also an application for ill-health pension for the purposes of 1995 regulation E2A.

(9) If the member was an active member of the 2008 Section on 31st March 2022, the member’s application for ill-health pension is considered—

(a) as an application for ill-health pension for the purposes of 2015 regulation 90; and

(b) as if it were also an application for ill-health pension for the purposes of 2008 regulation 2.D.8 or 2008 regulation 3.D.7.

(10) The member’s benefits will be paid in accordance with—

(a) paragraph (13) if, as a result of consideration under paragraph (8), the member satisfies the tier 1 condition in paragraph (2)(b)(i) of 1995 regulation E2A but does not satisfy the Tier 1 condition in paragraph (2)(c) of 2015 regulation 90;

(b) paragraph (14) if, as a result of consideration under paragraph (9), the member satisfies the tier 1 condition in paragraph (2)(a) of 2008 regulation 2.D.8 or 2008 regulation 3.D.7 but does not satisfy the Tier 1 condition in paragraph (2)(c) of 2015 regulation 90;

(c) paragraph (16) if—

(i) as a result of—

(aa) consideration under paragraph (8), the member satisfies the tier 1 condition in paragraph (2)(b)(i), or that condition and the tier 2 condition in paragraph (2)(b)(ii), of 1995 regulation E2A and also satisfies the Tier 1 condition in paragraph (2)(c), or that condition and the Tier 2 condition in paragraph (3)(b), of 2015 regulation 90 (together “the 2015 regulation 90 ill-health conditions”); or

(bb) consideration under paragraph (9), the member satisfies the tier 1 condition in paragraph (2)(a), or that condition and the tier 2 condition in paragraph (3)(a), of 2008 regulation 2.D.8 or the tier 1 condition in paragraph (2)(a), or that condition and the tier 2 condition in paragraph (3)(a), of 2008 regulation 3.D.7 and also satisfies one or both of the 2015 regulation 90 ill-health conditions; and

(ii) the annual rate of ill-health pension to which the member would have been entitled under 1995 regulation E2A, 2008 regulation 2.D.8 or 2008 regulation 3.D.7 if the member had retired from pensionable employment or ceased NHS employment on 31st March 2022 is, subject to paragraphs (11) and (12), greater than the annual rate of ill-health pension to which the member is entitled under paragraph (3)(a) or (4) of regulation 28 (ill health benefits: members below old scheme normal pension age) as at the date the member ceased NHS employment for the purposes of the 2015 Regulations (“the pension comparison calculation”);

(d) regulation 28(3) or (4) if—

(i) sub-paragraph (c)(i)(aa) or (bb) applies to the member; and

(ii) the annual rate of ill-health pension payable to the member under regulation 28(3)(a) or (4) is greater than the annual rate of ill-health pension to which the member would have been entitled under 1995 regulation E2A, 2008 regulation 2.D.8 or 2008 regulation 3.D.7, as determined in accordance with the pension comparison calculation, if the member had retired from pensionable employment or ceased NHS employment on 31st March 2022.

(11) If the member was in pensionable employment in the 1995 Section on 31st March 2022, for the purposes of the pension comparison calculation, the pensions (“P”) under—

(a) 1995 regulation E2A; and

(b) regulation 28(3)(a)(ii),

are each increased by the amount found by applying the formula—

3 x P/12

(12) If the member was an active member of the 2008 Section on 31st March 2022 who is entitled to a lump sum (“LS”) under regulation 28(3)(b)(ii) or (iii), for the purposes of the pension comparison calculation, the pensions under—

(a) 2008 regulation 2.D.8 or 2008 regulation 3.D.7; and

(b) regulation 28(3)(a)(ii),

are each increased by the amount found by applying the formula—

LS/12

(13) Where this paragraph applies to the member (see paragraph (10)(a)), the annual rate of ill-health pension and the lump sum payable from the new scheme is equal to—

(a) either—

(i) if the member satisfies the tier 1 condition in paragraph (2)(b)(i), but not the tier 2 condition in paragraph (2)(b)(ii), of 1995 regulation E2A, the tier 1 ill-health pension the member would have been entitled to under that regulation if the member had retired from pensionable employment on 31st March 2022; or

(ii) if the member satisfies the tier 2 condition in paragraph (2)(b)(ii) of 1995 regulation E2A, the tier 2 ill-health pension the member would have been entitled to under that regulation if the member had retired from pensionable employment on 31st March 2022; and

(b) the lump sum to which the member would have been entitled under regulation E6 (lump sum on retirement) of the 1995 Regulations(7) as a consequence of becoming entitled to the payment of one of those pensions.

(14) Where this paragraph applies to the member (see paragraph (10)(b)), the annual rate of ill-health pension and the lump sum payable from the new scheme is equal to—

(a) if the member satisfies the tier 1 condition in paragraph (2)(a), but not the tier 2 condition in paragraph (3)(a), of 2008 regulation 2.D.8 or the tier 1 condition in paragraph (2)(a), but not the tier 2 condition in paragraph (3)(a), of 2008 regulation 3.D.7, the tier 1 ill-health pension the member would have been entitled to under whichever of those regulations applies to the member if the member had ceased to be employed in NHS employment on 31st March 2022; or

(b) if the member satisfies the tier 2 condition in paragraph (3)(a) of 2008 regulation 2.D.8 or paragraph (3)(a) of 2008 regulation 3.D.7, the tier 2 ill-health pension the member would have been entitled to under whichever of those regulations applies to the member if the member had ceased to be employed in NHS employment on 31st March 2022.

(15) On the payment of a pension to a member in accordance with paragraph (13) or (14), all rights in respect of that member under the old scheme are extinguished.

(16) Where this paragraph applies to the member (see paragraph (10)(c))—

(a) the annual rate of ill-health pension payable from the new scheme under regulation 28 is increased by an amount equal to the difference between the annual rate of the member’s ill-health pension under 1995 regulation E2A, 2008 regulation 2.D.8 or 2008 regulation 3.D.7 and the annual rate of the member’s ill-health pension under regulation 28(3)(a) or (4), determined in accordance with the pension comparison calculation; and

(b) that increase is applied to the member’s ill-health pension under regulation 28 after the calculation of the Tier 2 addition (if any) in accordance with paragraph (4)(b) of that regulation.

(17) Paragraphs (18) and (19) apply if a member receiving an ill-health pension under paragraph (10)(a) or (b) dies (“the deceased member”).

(18) If a surviving adult dependant of the deceased member is entitled to a pension in accordance with regulation 116 (amount of pension: survivor of pensioner member) of the 2015 Regulations, the annual rate of the adult survivor pension payable under paragraph (4)(a) of that regulation is—

(a) 50% of the pension to which the member was entitled at the date of death (disregarding any additional pension) if the member was receiving a pension under paragraph (10)(a) of this regulation on that date; and

(b) 37.5% of the pension to which the member was entitled at the date of death (disregarding any additional pension) if the member was receiving a pension under paragraph (10)(b) of this regulation on that date.

(19) If a child’s pension becomes payable in respect of an eligible child of the deceased member in accordance with regulation 124 (amount of child pension: deceased pensioner member) of the 2015 Regulations, the basic death pension for the purposes of paragraph (3)(a)(8) of that regulation is—

(a) 100% of the pension to which the member was entitled at the date of death (disregarding any additional pension) if the member was receiving a pension under paragraph (10)(a) of this regulation on that date; and

(b) 75% of the pension to which the member was entitled at the date of death (disregarding any additional pension) if the member was receiving a pension under paragraph (10)(b) of this regulation on that date.

(20) For the purposes of the 2015 Regulations—

(a) a member’s pension entitlement under the new scheme that is equivalent to entitlement to one of the following pensions is treated as if it were entitlement to an ill-health pension at Tier 1 under 2015 regulation 90—

(i) a tier 1 pension under 1995 regulation E2A referred to in paragraph (13)(a)(i);

(ii) a tier 1 pension under 2008 regulation 2.D.8 or 2008 regulation 3.D.7 referred to in paragraph (14)(a);

(b) a member’s pension entitlement under the new scheme that is equivalent to entitlement to one of the following pensions is treated as if it were entitlement to an ill-health pension at Tier 2 under 2015 regulation 90—

(i) a tier 2 pension under 1995 regulation E2A referred to in paragraph (13)(a)(ii);

(ii) a tier 2 pension under 2008 regulation 2.D.8 or 2008 regulation 3.D.7 referred to in paragraph (14)(b);

(iii) a pension under regulation 28 that is increased in accordance with paragraph (16) by an amount equal to the difference between the annual rate of the ill-health pension payable under regulation 28(3)(a) and the annual rate of the member’s tier 2 ill-health pension under 1995 regulation E2A, 2008 regulation 2.D.8 or 2008 regulation 3.D.7 as determined in accordance with the pension comparison calculation.

(21) In this regulation—

“1995 regulation E2A” means regulation E2A of the 1995 Regulations;

“2008 regulation 2.D.8” means regulation 2.D.8 of the 2008 Regulations;

“2008 regulation 3.D.7” means regulation 3.D.7 of the 2008 Regulations;

“2015 regulation 90” means regulation 90 of the 2015 Regulations;

“the 2015 regulation 90 ill-health conditions” has the meaning given in paragraph (10)(c)(i)(aa);

“the application period” has the meaning given in paragraph (2);

“the deceased member” has the meaning given in paragraph (17);

“the member’s application for ill-health pension” has the meaning [F55 given] in paragraph (1)(c) [F56 or (1A)(d) (whichever is relevant)];

“the pension comparison calculation” has the meaning given in paragraph (10)(c)(ii) [F57 ;]]

[F58 “the transition date” means 1st April 2022.]

Textual Amendments

F33 Words in reg. 27(1) inserted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(2)(a)

F34 Words in reg. 27(1) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(i)

F35 Words in reg. 27(1)(a) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(ii)(aa)

F36 Words in reg. 27(1)(a) substituted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(2)(b)

F37 Word in reg. 27(1)(a)(i) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(ii)(bb)

F38 Word in reg. 27(1)(a)(i) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(ii)(bb)

F39 Reg. 27(1)(a)(i)(aa)(bb) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(ii)(bb)

F40 Words in reg. 27(1)(a)(ii) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(ii)(cc)

F41 Word in reg. 27(1)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(iii)(aa)

F42 Words in reg. 27(1)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(iii)(bb)

F43 Words in reg. 27(1)(c) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(iv)(aa)

F44 Words in reg. 27(1)(c) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(iv)(bb)

F45 Reg. 27(1A) inserted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(3)

F46 Words in reg. 27(2) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(b)(i)

F47 Words in reg. 27(2) substituted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(4)

F48 Word in reg. 27(2)(b) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(b)(ii)(aa)

F49 Words in reg. 27(2)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(b)(ii)(bb)

F50 Words in reg. 27(3) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(c)(i)

F51 Reg. 27(3)(a)(iii) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(c)(ii)

F52 Word in reg. 27(3)(b) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(c)(iii)

F53 Reg. 27(4)-(6) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(d)

F54 Reg. 27(7)-(21) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(e)

F55 Word in reg. 27(21) substituted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(5)(a)(i)

F56 Words in reg. 27(21) inserted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(5)(a)(ii)

F57 Reg. 27(21): semicolon substituted for full stop (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(5)(b)

F58 Words in reg. 27(21) inserted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(5)(c)

Commencement Information

I25 Reg. 27 in force at 1.4.2015, see reg. 1(b)

Ill health benefits : members below old scheme normal pension age E+W

28.—(1) This regulation applies in relation to a transition member who—

(a) becomes entitled to an ill-health pension under the new scheme; and

(b) has not reached the old scheme normal pension age.

(2) If this regulation applies—

(a) an ill-health pension and lump sum are not payable under the old scheme;

(b) an ill-health pension is payable under the new scheme in accordance with this regulation;

(c) the member becomes a deferred member of the old scheme (but no entitlement to a pension arises under—

(i) regulation L1(3) of the 1995 Regulations; or

(ii) regulations 2.D.4, 2.D.10, 3.D.4 and 3.D.9 of the 2008 Regulations,

by virtue of becoming a deferred member pursuant to this regulation).

(3) If the member meets the Tier 1 conditions set out in regulation 90 (entitlement to ill-health pension) of the 2015 Regulations—

(a) the annual rate of ill-health pension payable under the new scheme is the sum of—

(i) the annual rate of a Tier 1 ill-health pension payable under the new scheme; and

(ii) the annual rate of earned pension that would, if the member was entitled to payment of an ill-health pension under the old scheme, be payable to the member at the old scheme normal pension age; and

(b) the member is entitled to payment of a lump sum of the amount of the lump sum (if any) that would, had the member been entitled to payment of an ill-health pension under the old scheme, be payable to the member under—

(i) regulation E6 (lump sum on retirement) of the 1995 Regulations;

(ii) regulation 2.K.12 (amount of pension and lump sum to be paid to a 2008 Section Optant) of the 2008 Regulations; or

(iii) regulation 3.K.11 (amount of pension and lump sum to be paid to a 2008 Section Optant) of the 2008 Regulations.

(4) If the member meets the Tier 2 conditions set out in regulation 90 (entitlement to ill-health pension) of the 2015 Regulations, the annual rate of ill-health pension and lump sum payable under the new scheme is the sum of—

(a) the amounts specified at paragraph (3); and

(b) the annual rate of a Tier 2 addition payable under the new scheme.

(5) If, after the ill-health pension becomes payable under this regulation, a transfer payment is made from the old scheme in respect of the member’s rights under that scheme, the scheme manager must deduct from the amount of ill-health pension payable under this regulation in respect of service in the old scheme an amount which is equal to the value of the pension and lump sum represented by that transfer payment.

(6) The amount of pension payable under this regulation which represents the amount that would have been payable under the old scheme is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension to which the member would have been entitled under the old scheme in accordance with whichever of the 1995 Regulations or the 2008 Regulations are applicable.

[F59 (6A) Paragraphs (6B) and (6C) apply if a member receiving an ill-health pension under this regulation dies before reaching the old scheme normal pension age.

(6B) If a surviving adult dependant of the member is entitled to a pension in accordance with regulation 116 (amount of pension: survivor of pensioner member) of the 2015 Regulations the annual rate of the adult survivor pension payable under paragraph (4)(a) of that regulation is F60 ...—

[F61 (a) if the member was in pensionable employment in the 1995 Section before becoming an active member of the new scheme, the sum of—

(i) 33.75% of the pension to which the member was entitled at the date of death (disregarding any additional pension) under the new scheme;

(ii) 16.25% of the amount (if any) by which that pension has been increased in accordance with regulation 27(16); and

(iii) 16.25% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation; or

(b) if the member was an active member of the 2008 Section before becoming an active member of the new scheme, the sum of—

(i) 33.75% of the pension to which the member was entitled at the date of death (disregarding any additional pension) under the new scheme;

(ii) 3.75% of the amount (if any) by which that pension has been increased in accordance with regulation 27(16); and

(iii) 3.75% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation.]

(6C) If a child’s pension becomes payable in respect of an eligible child of the member in accordance with regulation 124 (amount of child pension: deceased pensioner member) of the 2015 Regulations the basic death pension for the purposes of paragraph (3)(a) of that regulation is F62 ...—

[F63 (a) if the member was in pensionable employment in the 1995 Section before becoming an active member of the new scheme, the sum of—

(i) 67.5% of the deceased member’s annual pension (disregarding any additional pension) under the new scheme;

(ii) 32.5% of the amount (if any) by which that pension has been increased in accordance with regulation 27(16); and

(iii) 32.5% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation; or

(b) if the member was an active member of the 2008 Section before becoming an active member of the new scheme, the sum of—

(i) 67.5% of the deceased member’s annual pension (disregarding any additional pension) under the new scheme;

(ii) 7.5% of the amount (if any) by which that pension has been increased in accordance with regulation 27(16); and

(iii) 7.5% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation.]]

(7) In this regulation and regulation 29—

(a) a reference to the annual rate of earned pension payable under the old scheme means the annual pension payable under the following provisions—

(i) if the member was an active member of the 1995 Section before becoming an active member of the new scheme, regulation E1 of that Section;

(ii) if the member was an active member of the 2008 Section before becoming an active member of the new scheme, regulation 2.D.1 or 3.D.1 of that Section;

(b) a reference to an ill-health pension payable under the old scheme means a pension payable under the following provisions—

(i) if the member was an active member of the 1995 Section before becoming an active member of the new scheme, regulation E2A of that Section;

(ii) if the member was an active member of the 2008 Section before becoming an active member of the new scheme, regulation 2.D.8 or 3.D.7 of that Section;

(c) a reference to an ill-health pension payable under the new scheme means an ill-health pension payable under regulation 90 of the 2015 Regulations;

(d) a reference to the old scheme normal pension age means—

(i) as regards the 1995 Section, normal benefit age under the 1995 Regulations; or

(ii) as regards the 2008 Section, the age specified in regulation 2.D.1 or 3.D.1 (normal retirement pensions) of the 2008 Regulations.

Textual Amendments

F59 Reg. 28(6A)-(6C) inserted (with effect from 1.4.2015) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 1(2)(a), 52

F60 Words in reg. 28(6B) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(7)(a)(i)

F61 Reg. 28(6B)(a)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(7)(a)(ii)

F62 Words in reg. 28(6C) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(7)(b)(i)

F63 Reg. 28(6C)(a)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(7)(b)(ii)

Commencement Information

I26 Reg. 28 in force at 1.4.2015, see reg. 1(b)

Ill health benefits : members above old scheme normal pension age E+W

29.—(1) This regulation applies in relation to a transition member who is receiving payment of an ill-health pension in accordance with regulation 28.

(2) When the member reaches the old scheme normal pension age—

(a) the benefits payable under regulation 28 in respect of service in the old scheme cease to be payable under the new scheme;

(b) the member becomes entitled to the immediate payment of the annual rate of earned pension payable under the old scheme in accordance with the Regulations of the applicable Section; and

(c) no lump sum is payable to the member under those Regulations.

(3) In calculating the annual rate of earned pension payable under the old scheme for the purposes of paragraph (2)(b), the following are subtracted—

(a) the amount of pension (if any) converted to lump sum under regulation 77 of the 2015 Regulations to the extent that it relates to the pension payable under regulation 28(3)(a)(ii); and

(b) an amount equal to any transfer payment made to another scheme before the member reached the old scheme normal pension age.

(4) Before the amounts in paragraph (3)(a) and (b) are subtracted they must be increased by the amount by which the annual rate of pension of that amount would have been increased under the Pensions (Increase) Act 1971(10) if—

(a) that pension was eligible to be so increased; and

(b) the beginning date for that pension was the date that ill-health pension became payable under the new scheme.

Commencement Information

I27 Reg. 29 in force at 1.4.2015, see reg. 1(b)

Age retirement of mental health officers, nurses, physiotherapists, midwives and health visitors E+W

30.—(1) In regulation R2 of the 1995 Regulations, references to “pensionable employment” in paragraphs (1)(b), (2) and (3)(b) include employment that qualified the 1995 officer transition member for benefits under the 2015 Regulations.

(2) In regulation R3 of the 1995 Regulations, references to—

(a) “pensionable employment” in paragraphs (2), (5)(a) and (9) include employment that qualified the member for benefits under the 2015 Regulations; and

(b) “pensionable service” in paragraph (5)(a) include service that qualified the member for benefits under the 2015 Regulations.

Commencement Information

I28 Reg. 30 in force at 1.4.2015, see reg. 1(b)

Partial Retirement E+W

[F64 31.— (1) Where a transition member or non-pensionable old scheme member elects to claim a specified percentage of that member’s pension pursuant to regulation 84 of the 2015 Regulations, that election is to be treated as also being an option for the purposes of partial retirement pension pursuant to whichever of the following regulations applies to the member—

(a) regulation E5A of the 1995 Regulations (with or without the modifications made in paragraph 12A of Schedule 2); or

(b) regulations 2.D.5 or 3.D.5 of the 2008 Regulations.]

[F65 (2) A transition member or non-pensionable old scheme member does not become entitled to a specified percentage of a pension under regulation 84 of the 2015 Regulations until the member has become entitled to and claimed all the benefits in—

(a) the 1995 Section; or

(b) the 2008 Section.]

[F66 (3) For the purposes of regulation E5A(7) of, and paragraph 12A to Schedule 2 to, the 1995 Regulations, regulation 2.D.5(6) and 3.D.5(5) of the 2008 Regulations and regulation 84(5) of the 2015 Regulations (as the case may be)—

(a) the pension, other than the pension claimed in respect of additional benefits (in the case of regulation E5A of the 1995 Regulations) or additional pension (in the case of regulation 2.D.5 and 3.D.5 of the 2008 Regulations), to which the member becomes entitled as a result of the option or election (before converting pension to lump sum) is not to be less than the amount of pension payable by reference to 20% of the aggregate of the member’s pensionable service under the 1995 Regulations, or the 2008 Regulations (as the case may be), and the 2015 Regulations at the end of the option day; and

(b) taken together with any increase to which the member has become entitled as a result of the option or election, the aggregate of the member’s pension under the 1995 Regulations, or the 2008 Regulations (as the case may be), and the 2015 Regulations is not less than 0.05% of the member’s lifetime allowance on the option day.]

Textual Amendments

F64 Reg. 31(1) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 32(2)

F65 Reg. 31(2) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 32(3)

F66 Reg. 31(3) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 32(4)

Commencement Information

I29 Reg. 31 in force at 1.4.2015, see reg. 1(b)

Redundancy retirement E+W

32.—(1) This regulation applies where an officer transition member other than one to whom regulation 33 applies—

(a) becomes entitled to payment of a premature retirement pension pursuant to regulation 82 of the 2015 Regulations;

(b) claims that pension; and

(c) is under—

(i) age 60, in the case of a member of the 1995 Section; or

(ii) age 65, in the case of a member of the 2008 Section.

(2) Where this regulation applies, the member also becomes entitled to payment of a pension in respect of relevant pensionable service in the old scheme in consideration of the termination of that member’s employment by reason of redundancy pursuant to regulation —

(a) E3A of the 1995 Regulations(11); or

(b) 2.D.11 of the 2008 Regulations.

(3) In this regulation, “relevant pensionable service” does not include—

(a) service from an employment that commenced when the member was eligible to be an active member of the old scheme and is a continuing employment in respect of which the member has elected to continue to accrue rights pursuant to regulation 100(5) of the 2015 Regulations;

(b) if regulation 100(9) of the 2015 Regulations applies to the member—

(i) service to which Schedule 2 of the 1995 Regulations applies; or

(ii) service to which Part 3 of the 2008 Regulations applies.

Commencement Information

I30 Reg. 32 in force at 1.4.2015, see reg. 1(b)

Premature retirement : special classes E+W

33.—(1) This regulation applies where a 1995 officer transition member to whom regulation R2 or R3 of the 1995 Regulations applies in respect of service in that Section—

(a) becomes entitled to payment of a premature retirement pension—

(i) pursuant to regulation 81 of the 2015 Regulations; or

(ii) on grounds of redundancy pursuant to regulation 82 of the 2015 Regulations; and

(b) claims that pension.

(2) Where this regulation applies, for the purposes of regulation E3C(2) and (3) of the 1995 Regulations(12)—

(a) the member is to be treated as having claimed payment of a pension under regulation E1 of those Regulations; and

(b) in the case of a member to whom regulation R2(4)(b) of the 1995 Regulations applies, is also entitled to a pension under regulation E5 of the 1995 Regulations if that member makes a claim for it.

Commencement Information

I31 Reg. 33 in force at 1.4.2015, see reg. 1(b)

Redundancy retirement : additional contribution option does not apply E+W

34.—(1) Where for the purposes of regulation 82(2)(f) of the 2015 Regulations an officer transition member’s employing authority has provided confirmation in a written notice that the additional contribution option does not apply—

(a) the additional contribution option does not apply for the purposes of benefits payable under the old scheme; and

(b) the member’s employing authority must make a contribution to the Secretary of State in respect of the full cost of—

(i) the old scheme benefits in accordance with regulation —

(aa) D2 of the 1995 Regulations; or

(bb) 2.C.6 of the 2008 Regulations; and

(ii) the new scheme benefits under regulation 35(4)(a)(i) of the 2015 Regulations.

Commencement Information

I32 Reg. 34 in force at 1.4.2015, see reg. 1(b)

Redundancy retirement : additional contribution option applies E+W

35.—(1) Where for the purposes of regulation 82(2)(f) of the 2015 Regulations an officer transition member’s employing authority has provided confirmation in a written notice that the additional contribution option applies—

(a) the additional contribution option also applies for the purposes of benefits payable under the old scheme; and

(b) paragraph (2) applies to determine the relevant amount for the purposes of regulation —

(i) D2(3A) of the 1995 Regulations(13);

(ii) 2.C.6(2A) of the 2008 Regulations(14); and

(iii) 35(2) of the 2015 Regulations.

(2) The relevant amount is the lesser of—

(a) the aggregate of the amounts which it is determined that the employing authority is required to pay in order to meet the cost of paying the pension under—

(i) regulation—

(aa) E3A of the 1995 Regulations; or

(bb) 2.D.11 of the 2008 Regulations; and

(ii) regulation 82 of the 2015 Regulations;

(b) the amount the employing authority would otherwise be required to pay to the member in consequence of the member’s redundancy.

(3) Where the relevant amount is the amount at paragraph (2)(b), that amount must first be applied for the purposes of meeting the costs of paying the member’s benefits under the old scheme.

(4) Where—

(a) the member makes an additional contribution for the purposes of regulation—

(i) D1A of the 1995 Regulations(15);

(ii) 2.C.4A of the 2008 Regulations(16); or

(iii) 32 of the 2015 Regulations; and

(b) the relevant amount paid by the member’s employing authority is not sufficient to meet the costs of paying the old scheme benefits,

the member’s additional contribution must first be applied for the purposes of meeting the costs of paying the member’s benefits under the old scheme.

Commencement Information

I33 Reg. 35 in force at 1.4.2015, see reg. 1(b)

Interests of efficiency of the service E+W

36.  Where an officer transition member other than one entitled to a pension pursuant to regulation R2 or R3 of the 1995 Regulations in respect of service in that Section becomes entitled to payment of a premature retirement pension pursuant to regulation 81 of the 2015 Regulations and claims that pension—

(a) the member at the same time becomes eligible to a pension under whichever of regulations E3A of the 1995 Regulations or 2.D.11 of the 2008 Regulations applies to the member in relation to the termination of that member’s employment in the interests of efficiency of the service in which the member is employed; and

(b) the member’s employing authority must make a contribution to the Secretary of State in respect of the cost of that pension in accordance with regulation D2 of the 1995 Regulations or 2.C.6 of the 2008 Regulations.

Commencement Information

I34 Reg. 36 in force at 1.4.2015, see reg. 1(b)

Variations to lump sums for 1995 and 2008 pensioners joining new scheme [F67 (other than pensioners who have taken a partial retirement pension)] E+W

37.—(1) This regulation applies to persons falling in Groups 1 to 4 [F68 , 6 [F69 , 7, 9 and 10]] in the table at paragraph 1 of Schedule 1 and Groups 1 to 4 [F70 , 6 and 7] in the table at paragraph 2 of Schedule 1 [F71 other than persons who have taken a partial retirement pension.].

(2) Where this regulation applies, a lump sum equal to five times the rate of the relevant pension is to be paid in place of the lump sum payable to active members under regulation 112(a) and paragraph 2 of Schedule 14 to the 2015 Regulations.

[F72 (3) In this regulation—

“partial retirement pension” means a pension under—

(a)

regulation E5A of the 1995 Regulations;

(b)

regulation 2.D.5 or 3.D.5 of the 2008 Regulations; or

(c)

regulation 84 of the 2015 Regulations; and

“the relevant pension” means where the member has not taken partial retirement from the new scheme pursuant to regulation 84 of the 2015 Regulations, an amount equal to—

(a)

if the member dies before reaching normal pension age in the new scheme, a tier 2 IHP within the meaning of regulation 90(1)(b) of the 2015 Regulations; or

(b)

if the member dies on or after reaching normal pension age in the new scheme, a pension under regulation 73 of the 2015 Regulations.]

Textual Amendments

F67 Words in reg. 37 heading added (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 33(2)

F68 Words in reg. 37(1) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(8)(a)

F69 Words in reg. 37(1) substituted (1.4.2023) by The National Health Service Pension Schemes (Amendment) Regulations 2023 (S.I. 2023/301), regs. 1(2), 21

F70 Words in reg. 37(1) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(8)(b)

F71 Words in reg. 37(1) added (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 33(3)

F72 Reg. 37(3) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 33(4)

Commencement Information

I35 Reg. 37 in force at 1.4.2015, see reg. 1(b)

[F73 Variations to lump sums for 1995 and 2008 pensioners joining new scheme (pensioners who have taken a partial retirement pension) E+W

37A— (1) This regulation applies to persons falling in Groups 1 to 4, 6, 7, 9 and 10 in the table at paragraph 1 of Schedule 1 and Groups 1 to 4, 6 and 7 in the table at paragraph 2 of Schedule 1 who have taken a partial retirement pension.

(2) Where this regulation applies the lump sum payable on the death of an active member in place of any lump sum otherwise payable in respect of that member under regulation 112(a) of the 2015 Regulations and regulation 2.E.19(2)(a) or regulation 3.D.19(2)(a) of the 2008 Regulations are the lump sums found under—

(a) paragraph (3) if the member has taken an old scheme partial retirement pension but has not taken a new scheme partial retirement pension; and

(b) paragraph (4), if the member has taken a new scheme partial retirement pension.

(3) Where paragraph (2)(a) applies, the lump sum is an amount equal to the appropriate fraction of an amount that is the better of—

(a) twice the member’s relevant earnings calculated in accordance with paragraph 7(2)(a)(i) of Schedule 14 to the 2015 Regulations (death of a partial retirement pensioner); and

(b) twice the member’s re-valued pensionable earnings for the scheme year falling in the earnings reference period which has the largest re-valued pensionable earnings calculated in accordance with paragraph 7(2)(a)(ii) of Schedule 14 (lump sum on death) to the 2015 Regulations that Schedule.

(4) Where paragraph (2)(b) applies, the lump sum is an amount determined by the scheme manager after taking advice from the scheme actuary.

(5) In this regulation—

“appropriate fraction” means—

DPS / TDPS

where—

• DPS is, where the member continues in pensionable service as an active member of the 2015 Scheme on the option day (or the last such option day if the option has been exercised more than once), the total number of days of pensionable service in that Scheme and this Section of the scheme which do not relate to the specified percentage of pension at the option day; and

• TDPS is the aggregate of DPS and the total number of days of pensionable service (at the option day or the last such option day if the option has been exercised more than once) which relate to the specified percentage of pension payable;

“old scheme partial retirement pension” means a pension under—

(a)

regulation E5A of the 1995 Regulations; or

(b)

regulation 2.D.5 or 3.D.5 of the 2008 Regulations (whichever applies);

“option day” has the meaning given in—

(a)

paragraph (11) of regulation E5A of the 1995 Regulations in the case of a member who has taken a partial retirement pension under that regulation;

(b)

paragraph (8) of regulation 2.D.5 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation; and

(c)

paragraph (7)(b)(ii) of regulation 3.D.5 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation; and

“specified percentage of pension” has the meaning given in—

(a)

paragraph (4) of regulation E5A of the 1995 Regulations in the case of a member who has taken a partial retirement pension under that regulation;

(b)

paragraph (4) of regulation 2.D.5 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation; and

(c)

paragraph (3) of regulation 3.D.5 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation.]

Textual Amendments

F73 Reg. 37A inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 34(1)

Abatement E+W

38.—(1) This regulation applies to an officer transition member who is—

(a) a pensioner member of the new scheme to whom regulation 101(1) of the 2015 Regulations applies in respect of a pension under regulation 81 of those Regulations; and

(b) a pensioner member of—

(i) the 1995 Section to whom regulation S2 of the 1995 Regulations applies in respect of a relevant pension referred to at paragraph (1A)(b)(ii) of that regulation(17); or

(ii) the 2008 Section to whom regulation 2.H.1 applies in respect of a pension referred to at paragraph (1)(c)(iii) of that regulation.

(2) In respect of a member to whom paragraph (1)(b)(i) applies, for the purposes of—

(a) establishing whether the pensioner’s relevant income for a scheme year exceeds their previous earnings for the purposes of regulation 103 of the 2015 Regulations; and

(b) finding amount B in paragraph (3D) of regulation S2 of the 1995 Regulations(18),

the enhancement amount for the purposes of regulation 104(2) of the 2015 Regulations is the aggregate of the amounts found under that regulation and amount B found under regulation S2(3D) of the 1995 Regulations.

(3) For the purposes of paragraph (2), the amount B found under regulation S2(3D) of the 1995 Regulations is the aggregate of the amount found under that paragraph and the amount found under regulation 104(2) of the 2015 Regulations.

(4) Where the pensioner’s relevant income exceeds their previous pay or earnings, the amount of any reduction that is to apply to the pensions payable under each of the 1995 Regulations and 2015 Regulations is equal to the same proportion of the excess as the amount of pension for the scheme year before the reduction bears to the sum of those pensions for that year before the reduction.

(5) For the purposes of paragraph (4), the excess in the 1995 Section is equal to amount B found under regulation S2(3D) of the 1995 Regulations.

(6) In respect of a member to whom paragraph (1)(b)(ii) applies, for the purposes of—

(a) establishing whether the pensioner’s relevant income for a scheme year exceeds their previous earnings for the purposes of regulation 103 of the 2015 Regulations; and

(b) establishing whether the pensioner’s relevant income for a financial year exceeds their previous pay for the purposes of regulation 2.H.3 of the 2008 Regulations,

the enhancement amount for the purposes of regulation 2.H.4(2) of the 2008 Regulations and regulation 104(2) of the 2015 Regulations is the aggregate of the amounts found under each of those regulations.

(7) Where the pensioner’s relevant income exceeds their previous pay or earnings, the amount of any reduction that is to apply to the pensions payable under each of the 2008 Regulations and 2015 Regulations is equal to the same proportion of the excess as the amount of pension for the scheme year before the reduction bears to the sum of those pensions for that year before the reduction.

Commencement Information

I36 Reg. 38 in force at 1.4.2015, see reg. 1(b)

Abatement : special classes E+W

39.—(1) This regulation applies to a 1995 officer transition member who is—

(a) a pensioner member of the new scheme to whom regulation 101(1) of the 2015 Regulations applies in respect of a pension under regulation 81 of those Regulations; and

(b) a pensioner member of the 1995 Section to whom regulation S2 of the 1995 Regulations applies in respect of a relevant pension referred to in paragraph (1A)(c)(i) of that regulation.

(2) Where this regulation applies, the pensions mentioned in paragraph (1)(a) and (b) must be reduced by the relevant amount.

(3) The “relevant amount” in paragraph (2) is the amount determined by multiplying the relevant proportion by amount E determined under paragraph (5).

(4) The “relevant proportion” in paragraph (3) is—

(a) in respect of the pension at paragraph (1)(a), represented by the fraction ; and

(b) in respect of the pension at paragraph (1)(b), represented by the fraction ,

where A and B have the meanings given in paragraph (5).

(5) Amount E is the amount by which the sum of amounts A, B and C exceeds amount D, where amount—

“A” is the amount of the enhancement under regulation 104(2) of the 2015 Regulations;

“B” is the amount of the member’s relevant pension from the 1995 Section (including in that amount any amount by which that pension has been reduced pursuant to an option under regulation E7);

“C” is the amount of earnings received by the employed person during the year from the new employment in accordance with regulation 104(1)(a) of the 2015 Regulations; and

“D” is the amount of the member’s previous earnings construed in accordance with regulation 105 of the 2015 Regulations.

Commencement Information

I37 Reg. 39 in force at 1.4.2015, see reg. 1(b)

CHAPTER 8 E+W Death benefits

Death in service E+W

40.—(1) As regards a [F74 transition] member, or a person who derives a benefit from the old scheme or new scheme in respect of a [F74 transition] member, the entitlement listed in column 1 of [F75 Table 1] is disapplied and the corresponding entitlement in column 2 applies instead.

[F76 Table 1 - Transition member entitlements]

Column 1 Original entitlement	Column 2 Revised entitlement
PART 1 Entitlements derived from the 1995 Section
a lump sum on death under regulation F1.	a lump sum on death under regulation 112(a) of the 2015 Regulations.
an initial adult survivor pension under regulation G2(3B) at the rate of the member’s pensionable pay for the first six months after the member’s death.	a pension payable during the initial period at the rate of the member’s pensionable earnings under regulation 115(4) of the 2015 Regulations (and references in regulation G2(3C), (4) and (5) and H3(4B) and (4C) of the 1995 Section to paragraph (3B) are to be taken to be a reference to a pension payable under regulation 115(4) of the 2015 Regulations).
an ongoing pension under regulation G2(3C) based on one half of the member’s notional ill-health pension had the member become entitled to a tier 2 pension under regulation E2A on the date of death.	(a) payable from the 1995 Section in respect of service in that Section, an ongoing adult survivor pension equal to the pension that would have been payable to the adult survivor under Part G of the 1995 Section if the member had retired with a pension under regulation E1 of the 1995 Section on the date of death; and (b) payable from the [F77 new scheme] in respect of service in that scheme, an ongoing survivor pension based on a Tier 2 IHP under regulation 115(5) of the 2015 Regulations.
a pension under regulation G4(2A) equal to one half of the pension that would have been payable to the member had the member become entitled to a tier 2 pension under regulation E2A on the day the member left pensionable employment.	(a) payable from the 1995 Section in respect of service in that Section, an ongoing adult survivor pension equal to the pension that would have been payable to the adult survivor under Part G of the 1995 Section if the member had retired with a pension under regulation E1 of the 1995 Section on the date of death; and (b) payable from the [F77 new scheme] in respect of service in that scheme, an ongoing survivor pension based on a Tier 2 IHP under regulation 117(2) of the 2015 Regulations.
a dependant child’s pension under regulation H3 equal to the rate of the member’s pensionable pay when the member died, payable for the first— (a) three months under paragraph (4C); (b) six months under paragraph (4D); (c) six months under paragraph (4E).	an initial pension of the same amount and for the same duration under paragraph (6) or (7) of regulation 123 of the 2015 Regulations.
an ongoing pension under regulation H3(2A) based on a proportion of the member’s notional ill-health pension had the member become entitled to a tier 2 pension under regulation E2A on the date of death or, if greater, the amount that pension would have been had it been based on 10 years pensionable service.	(a) payable from the 1995 Section in respect of service in that Section, an ongoing pension equal to the relevant proportion of the pension that would have been payable to the member if the member had retired with a pension under regulation E1 of the 1995 Section on the date of death; and (b) payable from the [F77 new scheme] in respect of service in that scheme, an ongoing pension based on the appropriate fraction of the basic death pension specified under regulation 123(3) and (4) of the 2015 Regulations.
a pension under regulation H5(2) equal to the relevant proportion of the pension described in regulation H3(2A).	(a) payable from the 1995 Section in respect of service in that Section, an child’s pension equal the relevant proportion of the pension that would have been payable to the member if the member had retired with a pension under regulation E1 of the 1995 Section on the date of death; and (b) payable from the [F77 new scheme] in respect of service in that scheme, an ongoing pension based on the appropriate fraction of the basic death pension specified under regulation 125(3)(a) and (4) of the 2015 Regulations.
PART 2 Entitlements derived from the 2008 Section
a lump sum on death under regulation [F78 2.E.17(1) or 3.E.17(1)].	a lump sum on death under regulation 112(a) of the 2015 Regulations.
a surviving adult dependent’s pension during the initial period of six months— (a) under regulation 2.E.3(1)(a) equal to the rate of the member’s pensionable pay at the time of death; or (b) under regulation 3.E.3(2)(a) equal to the rate of the member’s pensionable earnings during the last complete quarter before the member’s death.	a pension payable during the initial period at the rate of the member’s pensionable earnings under regulation 115(4) of the 2015 Regulations (and references in regulations 2.E.3(2), (3) and (4) and 3.E.3(2)(3) and (4) of the 2008 Section to “after the initial period” are to be taken to be a reference to the period for which the initial pension payable under regulation 115(4) of the 2015 Regulations is payable).
an ongoing pension after the initial period— (a) under regulation 2.E.3(2)(a) equal to 37.5% of the tier 2 ill health pension under regulation 2.D.8 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service; or (b) under regulation 3.E.3(2)(a) equal to the appropriate proportion of the tier 2 ill health pension under regulation 3.D.7 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension.	(a) payable from the 2008 Section in respect of service in that Section, an ongoing adult survivor pension after the initial period equal to— (i) 37.5% of the pension under regulation 2.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; or (ii) equal to the appropriate proportion of the pension under regulation 3.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; and (b) payable from the [F77 new scheme] in respect of service in that scheme, an ongoing survivor pension based on a Tier 2 IHP under regulation 115(5) of the 2015 Regulations.
a pension under— (a) regulation 2.E.5(1)(a) equal to 37.5% of the tier 2 ill health pension under regulation 2.D.8 to which the member would have been entitled if on the date the member’s pensionable service ceased the member had become entitled to such a pension; or (b) regulation 3.E.5(1)(a) equal to the appropriate proportion of the tier 2 ill health pension under regulation 3.D.7 to which the member would have been entitled if on the date the member’s pensionable service ceased the member had become entitled to such a pension.	(a) payable from the 2008 Section in respect of service in that Section, an ongoing adult survivor pension equal to— (i) 37.5% of the pension under regulation 2.D.1 to which the member would have been entitled if, on the date the member’s pensionable service ceased, the member had become entitled to such a pension; or (ii) the appropriate proportion of the pension under regulation 3.D.1 to which the member would have been entitled if, on the date the member’s pensionable service ceased, the member had become entitled to such a pension; and (b) payable from the [F77 new scheme] in respect of service in that scheme, an ongoing survivor pension based on a Tier 2 IHP under regulation 117(2) of the 2015 Regulations.
a dependant child’s pension under— (a) regulation 2.E.10 equal to the rate of the deceased’s pensionable pay at the date of death, payable for the first— (i) three months under paragraph (6)(i); (ii) six months under paragraph (7)(i); or (b) regulation 3.E.10 equal to the average rate of the deceased’s pensionable earnings during the last complete quarter before the member died, payable for the first— (i) three months under paragraph (5)(i); (ii) six months under paragraph (6)(a).	an initial pension of the same amount and for the same duration under paragraph (6) or (7) of regulation 123 of the 2015 Regulations.
an ongoing pension under regulation 2.E.10(3) or 3.E.10(3) equal to the appropriate fraction of the basic death pension.	(a) payable from the 2008 Section in respect of service in that Section, an ongoing pension equal to the appropriate fraction of the basic death pension payable under— (i) regulation 2.E.10(3) of the 2008 Section; or (ii) regulation 3.E.10(3) of the 2008 Section, where that pension is based on the pensionable service that the deceased was entitled to count at the date of death; and (b) payable from the [F77 new scheme] in respect of service in that scheme, an ongoing pension based on the appropriate fraction of the basic death pension specified under regulation 123(3) and (4) of the 2015 Regulations.
a pension under regulation 2.E.12(3)(a) or 3.E.12(3)(a) equal to the appropriate fraction of the basic death pension for the purposes of regulation 2.E.10 or 3.E.10 if the deceased had died on the date the deceased ceased to be an active member.	(a) payable from the 2008 Section in respect of service in that Section, a pension equal to— (i) [F79 the appropriate proportion] under regulation 2.D.1 to which the member would have been entitled if, on the date the member’s pensionable service ceased, the member had become entitled to such a pension; or (ii) the appropriate proportion of the pension under regulation 3.D.1 to which the member would have been entitled if, on the date the member’s pensionable service ceased, the member had become entitled to such a pension; and (b) payable from the [F77 new scheme] in respect of service in that scheme, an ongoing pension based on the appropriate fraction of the basic death pension specified under regulation 125(3) and (4) of the 2015 Regulations.

[F80 (1A) As regards a non-pensionable old scheme member, or a person who derives a benefit from the old scheme or new scheme in respect of a non-pensionable old scheme member, the entitlement listed in column 1 of Table 2 is disapplied and the corresponding entitlement in column 2 applies instead.

Table 2 - Non-pensionable old scheme member entitlements

Column 1	Column 2
Original entitlement	Revised entitlement
PART 1
Entitlements derived from the 1995 Section
a lump sum on death under regulation F1.	a lump sum on death under regulation 112(a) of the 2015 Regulations which is equal to the greater of– (a) the lump sum calculated in accordance with paragraph 2 (death of active member) of Schedule 14 (lump sum on death) to the 2015 Regulations; and (b) the lump sum otherwise due under the original entitlement to a lump sum on death under regulation F1 of the 1995 Regulations.
an initial adult survivor pension under regulation G2(3B) at the rate of the member’s pensionable pay for the first six months after the member’s death.	a pension payable from the new scheme during the initial period at the rate which is equal to the greater of– (a) the rate of the member’s pensionable earnings under regulation 115(4) of the 2015 Regulations; and (b) the rate of the member’s pensionable pay that would have applied under the original entitlement in respect of the member under regulation G2(3B) of the 1995 Regulations, where references in regulations G2(3C) and H3(4B) and (4C) of the 1995 Regulations to regulation G2(3B) are to be taken to be a reference to a pension payable under regulation 115(4) of the 2015 Regulations.
an ongoing pension under regulation G2(3C) based on one half of the member’s notional ill-health pension had the member become entitled to a tier 2 pension under regulation E2A on the member’s last day of pensionable employment.	(a) payable from the 1995 Section in respect of service in that Section, an ongoing adult survivor pension equal to the pension that would have been payable to the adult survivor under Part G of the 1995 Section if the member had retired with a pension under regulation E1 of the 1995 Regulations on the member’s last day of pensionable employment; and (b) payable from the new scheme in respect of service in that scheme, an ongoing survivor pension based on a Tier 2 IHP under regulation 115(5) of the 2015 Regulations.
a dependant child’s pension under regulation H3 equal to the rate of the member’s final year’s pensionable pay, payable for the first— (a) three months under paragraph (4C); (b) six months under paragraph (4D); (c) six months under paragraph (4E).	an initial pension payable from the new scheme equal to the greater of– (a) an initial pension of the same amount and for the same duration under paragraph (6) or (7) of regulation 123 of the 2015 Regulations; and (b) an initial pension of the same amount and for the same duration as the original entitlement in respect of the member under regulation H3 of the 1995 Regulations.
an ongoing pension under regulation H3(2A) based on a proportion of the member’s notional ill-health pension had the member become entitled to a tier 2 pension under regulation E2A on the member’s last day of pensionable employment or, if greater, the amount that pension would have been had it been based on 10 years pensionable service.	(a) payable from the 1995 Section in respect of service in that Section, an ongoing pension equal to the relevant proportion of the pension that would have been payable to the member if the member had retired with a pension under regulation E1 of the 1995 Regulations on the member’s last day of pensionable employment; and (b) payable from the new scheme in respect of service in that scheme, an ongoing pension based on the appropriate fraction of the basic death pension specified under regulation 123(3) and (4) of the 2015 Regulations.
PART 2
Entitlement derived from the 2008 Section
a lump sum on death under regulation 2.E.17(1) or 3.E.17(1).	a lump sum on death under regulation 112(a) of the 2015 Regulations which is equal to the greater of– (a) the lump sum calculated in accordance with paragraph 2 (death of active member) of Schedule 14 (lump sum on death) to the 2015 Regulations; and (b) the lump sum otherwise due under the original entitlement to a lump sum on death under regulation 2.E.17(1) or 3.E.17(1) of the 2008 Regulations.
a surviving adult dependent’s pension during the initial period of six months— (a) under regulation 2.E.3(1)(b) equal to the deceased’s reckonable pay; or (b) under regulation 3.E.3(1)(b) equal to the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service.	a pension payable from the new scheme during the initial period at the rate which is equal to the greater of– (a) the rate of the member’s pensionable earnings under regulation 115(4) of the 2015 Regulations; and (b) the rate of the deceased’s reckonable pay under regulation 2.E.3(1)(b) of the 2008 Regulations or the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service under regulation 3.E.3(1)(b) of the 2008 Regulations, where references in regulations 2.E.3(2) and 3.E.3(2) of the 2008 Regulations to “after the initial period” are to be taken to be a reference to the period for which the initial pension payable under regulation 115(4) of the 2015 Regulations is payable.
If the member has not reached the age of 65, an ongoing pension after the initial period— (a) under regulation 2.E.3(2)(a) equal to 37.5% of the tier 2 ill-health pension under regulation 2.D.8 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension; or (b) under regulation 3.E.3(2)(a) equal to the appropriate proportion of the tier 2 ill-health pension under regulation 3.D.7 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension. If the member has reached the age of 65: an ongoing pension after the initial period— (a) under regulation 2.E.3(2)(b) equal to 37.5% of the pension under regulation 2.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service; or (b) under regulation 3.E.3(2)(b) equal to the appropriate proportion of the tier 2 ill health pension under regulation 3.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service.	(a) payable from the 2008 Section in respect of service in that Section, an ongoing adult survivor pension after the initial period equal to— (i) 37.5% of the pension under regulation 2.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; or (ii) the appropriate proportion of the pension under regulation 3.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; and (b) payable from the new scheme in respect of service in that scheme, an ongoing survivor pension based on a Tier 2 IHP under regulation 115(5) of the 2015 Regulations.
a dependant child’s pension under— (a) regulation 2.E.10 equal to the rate of the deceased member’s reckonable pay, payable for the first— (i) three months under paragraph (6)(ii); (ii) six months under paragraph (7)(ii); or (b) regulation 3.E.10 equal to the rate of the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service, payable for the first— (i) three months under paragraph (5)(ii); (ii) six months under paragraph (6)(b).	an initial pension payable from the new scheme equal to the greater of– (a) an initial pension of the same amount and for the same duration under paragraph (6) or (7) of regulation 123 of the 2015 Regulations; and (b) an initial pension of the same amount and for the same duration as the original entitlement in respect of the member under regulation 2.E.10 or 3.E.10 of the 2008 Regulations.
an ongoing pension under regulation 2.E.10(3) or 3.E.10(3) equal to the appropriate fraction of the basic death pension.	(a) payable from the 2008 Section in respect of service in that Section, an ongoing pension equal to the appropriate fraction of the basic death pension payable under – (i) regulation 2.E.10(3) of the 2008 Regulations; or (ii) regulation 3.E.10(3) of the 2008 Regulations where that pension is based on the pensionable service that the deceased was entitled to count at the date of death; and (b) payable from the new scheme in respect of service in that scheme, an ongoing pension based on the appropriate fraction of the basic death pension specified under regulation 123(3) and (4) of the 2015 Regulations.]

(2) Save where expressly provided in [F81 Table 1 or Table 2], no entitlement in respect of the matters listed in column 1 [F82 of either table] is payable from both the 2015 Regulations and—

(a) the 1995 Section; or

(b) the 2008 Section,

and no entitlement in respect of the matters listed in column 1 of the table is payable twice (under the 2015 Regulations or those Regulations and either the 1995 Section or 2008 Section) in respect of the same period of service.

Textual Amendments

F74 Word in reg. 40(1) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(9)

F75 Words in reg. 40(1) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 35(2)(a)

F76 Words in reg. 40(1) table heading substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 35(2)(b)

F77 Words in reg. 40(1) table substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 96(2) (with reg. 105)

F78 Words in reg. 40(1) table Pt. 2 table substituted (1.4.2017) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 1(2)(c), 53

F79 Words in reg. 40(1) table Pt. 2 substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 96(3) (with reg. 105)

F80 Reg. 40(1A) inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 35(3)

F81 Words in reg. 40(2) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 35(4)(a)

F82 Words in reg. 40(2) added (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 35(4)(b)

Commencement Information

I38 Reg. 40 in force at 1.4.2015, see reg. 1(b)

CHAPTER 9 E+W Option to convert service

Option for 1995 Section members to convert to 2008 Section membership E+W

41.—(1) This regulation applies to a person who, on 31st March 2015, was in pensionable service for the purposes of the 1995 Regulations but who on 1st April 2015 is not a person to whom the following provisions apply—

(a) paragraphs (8H), (8I) and, where paragraph (8N) or (8O) applies, paragraph (8L) of regulation B3 of those Regulations(19); or

(b) regulation 27.

(2) A person to whom this regulation applies may give the Secretary of State a notice in writing electing that their pensionable service for the purposes of the 1995 Regulations be treated as if it were such service for the purposes of the 2008 Regulations.

(3) Paragraph (2) applies only to the extent that the person has not already received benefits under the 1995 Regulations in respect of their pensionable service for the purposes of those Regulations.

(4) For the purposes of this regulation, a notice—

(a) includes any notice that a person may have given the Secretary of State prior to 31st March 2015;

(b) has the same effect that a notice given pursuant to Chapter 2.K or, as the case may be, Chapter 3.K of the 2008 Regulations would have had prior to 31st March 2015; and

(c) must be received by the Secretary of State before 1st July 2015.

Commencement Information

I39 Reg. 41 in force at 1.4.2015, see reg. 1(b)

(1)

S.I 2010/772. Regulation 9 has been amended by S.I. 2013/2556.

(2)

Paragraph (4A) was inserted by S.I. 2002/561 and amended by S.I. 2009/2446.

(3)

Paragraph 9A was inserted by S.I. 2002/561 and amended by S.I. 2009/2446.

(4)

Paragraphs (8R) and (8S) are inserted by paragraph 4 of Schedule 2.

(5)

Paragraph (1F) was inserted in each regulation by paragraphs 11 and 17 of Schedule 2 respectively.

(6)

Paragraph 11A was inserted by S.I. 2330/2322 and amended by S.I. 2009/2446.

(7)

Paragraphs (1A) to (1L) in each regulation are inserted by paragraphs 11 and 17 of Schedule 2 respectively.

(8)

1995 c.26. Section 50 was substituted by section 273 of the Pensions Act 2004 (c.35) and amended by sections 16(1) to (6) of the Pensions Act 2007 (c.22).

(9)

1993 c.48.

(10)

1971 c.56.

(11)

Regulation E3A was inserted by S.I. 2006/2919 and amended by S.I. 2013/413 and 2014/570.

(12)

Regulation E3C was inserted by S.I. 2006/2919.

(13)

Paragraph (3A) is inserted by S.I. 2015/96.

(14)

Paragraph (2A) is inserted by S.I. 2015/96.

(15)

Regulation D1A is inserted by S.I. 2015/96.

(16)

Regulation 2.C.4A was inserted by S.I. 2015/96.

(17)

Paragraph (1A) was inserted by S.I. 2008/654 and amended by S.I. 2011/2586.

(18)

Paragraph (3D) was inserted by S.I. 2008/654.

(19)

These paragraphs are inserted by paragraph 4 of Schedule 2.