PART 5Member’s benefits
CHAPTER 6Dual capacity and multiple employments
Retirement benefits for members with more than one employment99.
(1)
This regulation applies to a member (M) who is in receipt of pensionable earnings in respect of two or more employments each of which is attributable to M belonging to any of groups A to C in the table in regulation 27(1).
(2)
Subject to paragraphs (4) and (5), M does not become entitled to a pension under any of the regulations specified in paragraph (3) until—
(a)
the termination of all of M’s HSC employments (including employment as a practitioner), or
(b)
M reaches the age of 75.
(3)
The regulations are—
(a)
regulation 72;
(b)
regulation 78;
(c)
regulation 80;
(d)
regulation 81;
(e)
regulations 89 to 96.
(4)
Paragraph (5) applies if M—
(a)
leaves employment (“past employment”) with one employing authority; and
(b)
in relation to the past employment, becomes entitled to a pension under regulation 80 or 81.
(5)
M may elect—
(a)
to take benefits only in respect of the past employment; and
(b)
to continue to accrue rights in respect of any other continuing pensionable employment.
(6)
If M elects as mentioned in paragraph (5), paragraph (2) applies in relation to an employment in respect of which M continues to accrue rights to benefits.
(7)
Chapter 7 of Part 5 applies if M becomes entitled to a pension under paragraph (5) while continuing in other HSC employment.
(8)
Paragraphs (9) and (10) apply if—
(a)
M becomes entitled to a pension under regulation 80 or 81; and
(b)
terminated concurrent employment as a practitioner not more than 12 months before becoming entitled to the pension.
(9)
M is not entitled to receive a pension under regulation 80 or 81 in respect of any employment as a practitioner, but is entitled only to receive a pension in respect of that employment pursuant to regulation 72 or 78.
(10)
M may exercise a right to transfer out under Section 2 of Chapter 2 of Part 7 only if M leaves all pensionable service —
(a)
before reaching normal pension age; and
(b)
before becoming entitled to a pension under this scheme.