PART 5Member's benefits
CHAPTER 7Abatement on re-employment
Previous earnings: continuing and concurrent employments105
1
This regulation applies if an employed pensioner has held one or more other HSC employments at the same time as the old employment.
2
If the employed pensioner's old employment was neither as a practitioner nor as a non-GP provider, the previous earnings is the amount determined under regulation 104 increased as follows—
a
if the person holds a continuing non-practitioner employment on becoming entitled to the old service pension, the increase is the annual rate of earnings in respect of the continuing employment;
b
if the person holds a continuing practitioner employment on becoming entitled to the old service pension, the increase is the average of the annual amounts of the person's re-valued pensionable earnings in respect of practitioner employment.
3
If the employed pensioner's old employment was as a practitioner, the previous earnings is the amount determined under regulation 104 increased as follows—
a
if the person becomes entitled to receive simultaneously a pension in respect of rights accrued from non-practitioner employment, the increase is the amount of previous earnings in respect of the non-practitioner employment;
b
if the person holds a continuing non-practitioner employment on becoming entitled to the old service pension, the increase is the annual rate of earnings of the continuing employment.
4
Paragraph (5) applies if—
a
the employed pensioner held a part-time pensionable employment immediately before the old service pension becomes payable;
b
in the 12 months preceding the date on which the old service pension becomes payable the person held concurrent part-time pensionable employment; and
c
the employment mentioned in sub-paragraph (b) terminated before the old service pension becomes payable.
5
The employed pensioner's previous earnings are increased by—
a
the annual rate of earnings in respect of the concurrent part-time pensionable employment, or
b
if higher, that part of the pensionable earnings for the employment which is attributable to any part of the period of 12 months mentioned in paragraph (4)(b).
6
Paragraph (7) applies if—
a
in the period of 12 months before the date on which the old service pension becomes payable the employed pensioner was in pensionable employment as a practitioner; and
b
the pensionable employment terminated before the old service pension became payable.
7
The previous earnings are increased by the average of the annual amounts of the person's re-valued pensionable earnings in respect of the employment mentioned in paragraph (6).
8
Paragraph (9) applies if—
a
a practitioner becomes entitled to payment of a pension under this scheme;
b
in the 12 months before the entitlement arises the practitioner held concurrent pensionable non-practitioner employment; and
c
the employment is terminated before the pension becomes payable.
9
The previous earnings are increased by—
a
the annual rate of earnings in respect of the employment mentioned in paragraph (8), or
b
if higher, that part of the pensionable earnings for the employment which is attributable to any part of the period of 12 months mentioned in paragraph (8)(b).
10
Non-practitioner employment is employment which is neither as a practitioner nor as a non-GP provider, and references to practitioner employment must be construed accordingly.
11
Continuing employment is pensionable employment—
a
which a person held immediately before becoming entitled to payment of a pension under this scheme; and
b
which the person continues to hold whether it is pensionable or not.