The National Health Service Pension Scheme Regulations 1995

Allocation of pension E+W+S

J1.—(1) Subject to the following provisions of this regulation, a member may elect to allocate part of his pension under [F1 this Section of] the scheme so as to provide, following his death, a pension for a spouse [F2 , civil partner] or a dependant.

(2) Any pension provided for a spouse [F3 or civil partner] under this regulation shall be payable in addition to any other [F4 widow's, widower’s or surviving civil partner's] pension payable under these Regulations.

(3) Any pension provided under this regulation will be calculated in accordance with tables prepared by [F5 the Scheme Actuary].

(4) A member wishing to allocate part of his pension under this regulation may elect to do so—

[F6 (a) on making a claim for payment of his benefits under regulation T1 (claims for benefits), or at any time after making such a claim but before the date on which a pension payable to him under [F1 this Section of] the scheme is put into payment; or]

[F7 (b) if in pensionable employment—

(i) in the case of a member who is not a special class officer, at any time after completing 45 years pensionable service; or

(ii) in the case of a member who is a special class officer, at any time after reaching age 55 and completing 40 years pensionable service, or]

(c) if in pensionable employment, at any time after reaching age 65 (60 for special class officers).

(5) A member wishing to allocate part of his pension as described in this regulation shall do so by giving notice in writing to the employing authority on the form provided, giving such information as the Secretary of State may require.

(6) The Secretary of State shall not accept an election unless satisfied that the member is in good health.

(7) If a member allocates part of his pension as described in this regulation and then dies after the pension becomes payable, the amount of pension already paid to the member under [F1 this Section of] the scheme will be treated, for the purpose of calculating the lump sum on death payable under regulation F2 (member dies after pension becomes payable), as including the amount of the additional pension that would have been paid to the member if the member had not allocated part of his pension.

Textual Amendments

F1 Words in reg. J1 inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 1 para. 1

F2 Words in reg. J1(1) inserted (5.12.2005) by The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Civil Partnership) Amendment Regulations 2005 (S.I. 2005/3074), regs. 1, 2(13)(a)

F3 Words in reg. J1(2) inserted (5.12.2005) by The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Civil Partnership) Amendment Regulations 2005 (S.I. 2005/3074), regs. 1, 2(13)(b)(i)

F4 Words in reg. J1(2) substituted (5.12.2005) by The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Civil Partnership) Amendment Regulations 2005 (S.I. 2005/3074), regs. 1, 2(13)(b)(ii)

F5 Words in reg. J1(3) substituted (14.12.2007) by The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) Amendment Regulations 2007 (S.I. 2007/3280), regs. 1(2), 2(9)(a)

F6 Reg. J1(4)(a) substituted (14.12.2007) by The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) Amendment Regulations 2007 (S.I. 2007/3280), regs. 1(2), 2(9)(b)

F7 Reg. J1(4)(b) substituted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 35