The National Health Service Pension Scheme Regulations 1995

Guaranteed minimum pensions E+W+S

K2.—(1) This regulation applies where the member has a guaranteed minimum, in relation to the pension provided for the member under the scheme, in accordance with [F1 section 13 of the 1993 Act].

(2) The weekly rate of the member’s pension from [F2 guaranteed minimum pension age] will not be less than the member’s guaranteed minimum, except that—

(a) payment may, at the discretion of the Secretary of State, be postponed for up to 5 years if the member remains in NHS employment, or for any period if the member consents; and

(b) payment may be reduced or suspended under regulation S1 or S2 (members who return to NHS employment after becoming entitled to a pension) if the member returns to NHS employment,

in either of which cases the member’s guaranteed minimum pension will be increased as described in regulation K3 (late retirement).

(3) If the member is a man and dies leaving a widow, the weekly rate of the widow’s pension will not be less than one–half of the member’s guaranteed minimum.

(4) If the member is a woman and dies leaving a widower, the weekly rate of the widower’s pension will not be less than one–half of the part of the member’s guaranteed minimum that is attributable to earnings for the [F3 tax years 1988-89 to 1996-97 inclusive].

[F4 (4A) If the member is in a civil partnership and dies leaving a surviving civil partner, the weekly rate of the surviving civil partner’s pension will not be less than one-half of the part of the member’s guaranteed minimum that is attributable to earnings for the [F3 tax years 1988-89 to 1996-97 inclusive].]

(5) The part of any guaranteed minimum pension that is attributable to earnings for the [F5 tax years 1988-89 to 1996-97 inclusive] and subsequent tax years will be increased each year by the percentage specified in any order made by the Secretary of State under section 109 of the Pension Schemes Act 1993 (annual increases of guaranteed minimum pensions).

[F6 (6) A member who on leaving pensionable employment—

(a) becomes entitled to a refund of contributions under regulation L2; or

(b) exercises a right to require a transfer or buy-out in accordance with regulation M2,

but, in either case, remains (as described in regulation L2(3)) entitled to a guaranteed minimum pension or section 9(2B) rights, shall be entitled to the benefits specified in paragraph (7).

(7) The benefits are—

(a) a pension payable from the date on which the member reaches [F7 guaranteed minimum pension age] at a weekly rate equal to the member’s guaranteed minimum (if any); and

(b) a pension and lump sum from the date the member reaches normal benefit age in respect of the member’s section 9(2B) rights.

(8) On the death of a member to whom paragraph (6) applies, no benefit will be payable except for a widow’s, widower’s or surviving civil partner’s pension equal to the aggregate of—

(a) that described in paragraph (3) or, as the case may be, paragraph (4); and

(b) half the member’s pension in respect of section 9(2B) rights.]

Textual Amendments

F1 Words in reg. K2(1) substituted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 37(2)

F2 Words in reg. K2(2) substituted (with effect from 6.4.2010) by The National Health Service Pension Scheme (Amendment) Regulations 2010 (S.I. 2010/1634), regs. 1(2)(4), 5(3)(a) (with reg. 18)

F3 Words in reg. K2(4)(4A) substituted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 37(3)

F4 Reg. K2(4A) 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(16)(a)

F5 Words in reg. K2(5) substituted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 37(4)

F6 Regs. K2(6)-(8) substituted for reg. K2(6) (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 37(5)

F7 Words in reg. K2(7)(a) substituted (with effect from 6.4.2010) by The National Health Service Pension Scheme (Amendment) Regulations 2010 (S.I. 2010/1634), regs. 1(2)(4), 5(3)(a) (with reg. 18)