Amendment of Regulation 35N.I.
38.—(1) Regulation 35 (variations to lump sums for 1995 and 2008 pensioners joining new scheme), is amended as follows.
(2) In the heading, add “(other than pensioners who have taken a partial retirement pension)”
(3) In paragraph (1)—
(a)for “and 7”, in the first place it occurs, substitute “,7, 9 and 10”;and
(b)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—
regulation 16A of the 1995 Regulations;
regulation 49 or 180 of the 2008 Regulations; or
regulation 83 of the 2015 Regulations; and
“the relevant pension” means where the member has not taken partial retirement from the new scheme pursuant to regulation 83 of the 2015 Regulations, an amount equal to—
if the member dies before reaching normal pension age in the new scheme, a tier 2 IHP within the meaning of regulation 89(1)(b) of the 2015 Regulations; or
if the member dies on or after reaching normal pension age in the new scheme, a pension under regulation 72 of the 2015 Regulations.”.
Commencement Information
I1Reg. 38 in operation at 1.4.2024, see reg. 1