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5.—(1) Regulation E5A (partial retirement pension)(1) is amended as follows.
(2) In paragraph (1)—
(a)after the first occurrence of “pensionable employment”, insert “or who is a non-pensionable 1995 Section member”;
(b)in sub-paragraph (a)(iii), after the first occurrence of “pensionable employment”, insert “for the purposes of the 2015 Scheme”;
(c)in sub-paragraph (c), after “is reduced”, insert “(disregarding any reduction in pensionable pay resulting from the member entering into a salary sacrifice arrangement)”.
(3) In paragraph (2), after all three occurrences of “pensionable employment”, insert “for the purposes of the 2015 Scheme”.
(4) In paragraph (7)(b), for “lifetime allowance”, substitute “lump sum and death benefit allowance”.
(5) After paragraph (11), insert—
“(11A) For the purposes of this regulation, in the case of a non-pensionable 1995 Section member, “pensionable pay” means the member’s pensionable earnings for the purposes of the 2015 Scheme.”.
(6) In paragraph (12), at the appropriate place, insert—
““non-pensionable 1995 Section member” has the same meaning as in regulation 2 of the National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015(2);”.
Regulation E5A was inserted by S.I. 2023/952.
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