PART 5Members’ benefits

CHAPTER 7Abatement on re-employment

Application of Chapter100

1

This Chapter applies if—

a

a person who is a pensioner member of this scheme is employed in NHS employment;

b

the pensioner member’s employment is not employment to which the pensioner member was transferred as a result of a transfer of an undertaking to the pensioner member’s employer;

c

the pensioner member’s pension is a pension under—

i

regulation 89;

ii

regulation 93; or

iii

regulation 80; and

d

the pensioner member has not reached normal pension age.

2

In this Part “NHS employment” includes—

a

employment in which a person of a category or description listed in Schedule 6 is engaged if the scheme manager has made a determination under section 25(5) of the 2013 Act in respect of the person; and

b

employment to which a corresponding health service scheme applies.

3

In this Chapter—

a

a person to whom this Chapter applies is referred to as an “employed pensioner”;

b

the pension to which the employed pensioner is entitled is referred to as the “old service pension”;

c

the employment in respect of which the pension is payable is referred to as the “old employment”;

d

the employment in which the employed pensioner is employed is referred to as the “new employment”.

4

For the purposes of this Chapter it is immaterial whether or not the employed pensioner is an active member of this scheme in the new employment.