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

Amendment of regulation 37

33.—(1) Regulation 37 (variations to lump sums for 1995 and 2008 pensioners joining new scheme) is amended as follows.

(2) At the end of the regulation heading, add “(other than pensioners who have taken a partial retirement pension)”.

(3) In paragraph (1), after “paragraph 2 of Schedule 1” add “other than persons who have taken a partial retirement pension.”.

(4) For paragraph (3) substitute—

“(3) In this regulation—

“partial retirement pension” means a pension under—

(a)

regulation E5A of the 1995 Regulations;

(b)

regulation 2.D.5 or 3.D.5 of the 2008 Regulations; or

(c)

regulation 84 of the 2015 Regulations; and

“the relevant pension” means where the member has not taken partial retirement from the new scheme pursuant to regulation 84 of the 2015 Regulations, an amount equal to—

(a)

if the member dies before reaching normal pension age in the new scheme, a tier 2 IHP within the meaning of regulation 90(1)(b) of the 2015 Regulations; or

(b)

if the member dies on or after reaching normal pension age in the new scheme, a pension under regulation 73 of the 2015 Regulations.”.