The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000

Changes over time for: Section 15

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There are currently no known outstanding effects for the The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000, Section 15.

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Payments by the Secretary of StateE+W

15.—[F1(1) Where an authorised provider or a selected authorised provider fails to pay a benefit referred to in regulation 11(1) or a lump sum benefit referred to in regulation 12, the Secretary of State is liable to pay that amount.]

(2) Where, on or after the date on which these Regulations come into force, a participator [F2or a person entitled to a pension credit] elects for benefits to be provided by an authorised provider other than the provider selected by the Secretary of State, the Secretary of State shall not be liable under paragraph (1).

(3) Lump sums payable as mentioned in [F3regulations [F411(8)(f) and (11)] and regulation 12] [F5or paragraph 3(2), 8 or 9 of Schedule 2] shall be paid—

(a)to the deceased’s spouse , [F6surviving scheme partner] [F7or civil partner]; or

[F8(b)to the deceased’s personal representatives if—

(i)there is no spouse, [F9surviving scheme partner] or civil partner, or

(ii)a notice has been given in accordance with any of the provisions referred to in paragraph (3A) that the spouse, [F9surviving scheme partner] or civil partner is not to receive the payment [F10; or]]

[F11(c)in accordance with paragraph (3B)].

[F12(3A) The provisions referred to in paragraph (3)(b) are—

(a)regulation F5 of the 1995 Regulations (payment of lump sum);

(b)regulation 2.E.21 or 3.E.21 of the 2008 Regulations (payment of lump sum on death);

(c)regulation 112 of the 2015 Regulations (lump sum on death);

(d)paragraph 11 of Schedule 2.]

[F13(3B) Where, prior to their death, the member has given notice to the Secretary of State in accordance with paragraph (3C) that the lump sum is to be paid to a person specified in the notice, and has not revoked that notice, the lump sum may be paid to that person unless—

(a)that person has died before the payment can be made; or

(b)payment to that person is not, in the opinion of the Secretary of State, reasonably practicable.

(3C) Notice to the Secretary of State for the purpose of paragraph (3B)—

(a)must be given only by a participator in the AVC scheme;

(b)must be given in writing; and

(c)may, at any time, be revoked in writing;

(d)must nominate the whole of the lump sum to a nominee and, in the case of a notice that specifies more than one person as nominee, must also specify the percentage of the lump sum to be paid to each such person,

(e)must specify one or more persons who may be—

(i)an individual;

(ii)body corporate;

(iii)an unincorporated body;

(iv)the member’s personal representatives

and a participator who revokes such a notice may give further notice for the purpose of that paragraph.]

[F14(4) Lump sums payable under regulation 11(1)(b), (c) and (d) and regulation 14(1) must be paid to the participator.]

F15(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Subject to paragraph (11) below, in the case of a participator to whom any of [F16[F17the provisions referred to in paragraph (10A)] applies], the Secretary of State may realise such part of the investments made under these Regulations as is derived from an contributions made by the participator’s employer without purchasing an annuity and, in that event, the amount shall be payable to the participator as a lump sum.

[F18(10A) Those provisions are—

(a)regulation E1 to E5 or L1 of the 1995 Regulations (which deal with benefits for members and preserved pensions);

(b)regulation 2.D.1, 2.D.4, 2.D.5, 2.D.8, 2.D.10, 2.D.11, 3.D.1, 3.D.4, 3.D.5, 3.D.7, or 3.D.9 of the 2008 Regulations (normal retirement pensions, actuarially reduced pensions, ill health pensions and early retirement pensions);

(c)regulation 73, 79, 81, 82, 84, 90 or 94 of the 2015 Regulations (age retirement, early retirement, partial retirement and ill-health pensions).]

[F19(11) In the case of a participator to whom any of the following provisions apply—

(a)regulation E2(7), E2A(7) or L1(5) of the 1995 Regulations (ill health pensions and preserved pension);

(b)regulation 2.D.15 or 3.D.11 of the 2008 Regulations (option for members in serious ill health to exchange whole pension for lump sum);

[F20(c)regulation 109 of the 2015 Regulations (option for members in serious ill-health to exchange pension for lump sum),]

the Secretary of State may realise the investments made under these Regulations without purchasing an annuity and, in that event, the proceeds shall be payable to the participator as a lump sum.]

Textual Amendments

F1Reg. 15(1) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 62(2)

F2Words in reg. 15(2) inserted (1.5.2001) by The National Health Service (Pension Scheme and Additional Voluntary Contributions) (Pension Sharing) Amendment Regulations 2001 (S.I. 2001/1428), reg. 1, Sch. 2 para. 4(a)

F3Words in reg. 15(3) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 62(3)(a)

F4Words in reg. 15(3) substituted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 104 (with reg. 105)

F5Words in reg. 15(3) inserted (1.5.2001) by The National Health Service (Pension Scheme and Additional Voluntary Contributions) (Pension Sharing) Amendment Regulations 2001 (S.I. 2001/1428), reg. 1, Sch. 2 para. 4(b)(i)

F6Words in reg. 15(3)(a) substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 97

F7Words in reg. 15(3) 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, 4(3)

F8Reg. 15(3)(b) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 62(3)(b)

F9Words in reg. 15(3)(b) substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2)(9), 97

F10Word in reg. 15(3)(b)(ii) inserted (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), 57(2)(a)

F11Reg. 15(3)(c) inserted (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), 57(2)(b)