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

[F1 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 [F2 is not a non-pensionable old scheme member and] has taken an old scheme partial retirement pension but has not taken a new scheme partial retirement pension; F3 ...

[F4 (aa) paragraph (3A) if the member is a non-pensionable old scheme member and has taken an old scheme partial retirement pension but has not taken a new scheme partial retirement pension;]

(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.

[F5 (3A) Where paragraph (2)(aa) applies, the lump sum is an amount equal to the appropriate fraction of either—

(a) the lump sum on death found in column 2 of Part 1 of Table 2 (non-pensionable old scheme member entitlements) in regulation 40(1A)(death in service) if the member is a non-pensionable 1995 Section member; or

(b) the lump sum on death found in column 2 of Part 2 of that Table if the member is a non-pensionable 2008 Section member.]

(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

F1 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)

F2 Words in reg. 37A(2)(a) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 34(2)(a)

F3 Word in reg. 37A(2)(a) omitted (1.4.2024) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 34(2)(a)

F4 Reg. 37A(2)(aa) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 34(2)(b)

F5 Reg. 37A(3A) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 34(3)