The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023

Amendment of regulation 31

32.—(1) Regulation 31 (partial retirement)(1) is amended as follows.

(2) For paragraph (1) substitute—

“(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.”.

(3) For paragraph (2) substitute—

“(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.”.

(4) For paragraph (3) substitute—

“(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.”.

(1)

Relevant amending instrument is S.I. 2016/245.