The National Health Service (Superannuation) Amendment Regulations 1987

Application and retrospective effect of Regulations

27.—(1) Regulation 4(a) of these Regulations shall not apply in relation to any person who ceased to be an officer before these Regulations came into operation.

(2) Regulation 22(b) of these Regulations shall not apply in relation to any benefit which is being paid or may become payable under the principal Regulations to or in respect of any person who, having served in an employment or office service which qualifies persons to participate in the benefits for which those Regulations provide, has ceased to serve or has died before these Regulations came into operation.

(3) Regulation 6(b) of these Regulations shall have effect from 4th July 1981, and regulation 19(a) from 11th May 1984.

(4) Regulations 21 and 24 shall not have effect—

(a) in relation to any person who has completed 5 or more years' service as an officer and whose employment as such an officer terminated before 1st January 1986 (or who ceased to be subject to the principal Regulations before that date), so as to allow him to exercise an option under regulation 80 of the principal Regulations which would not have been available to him had these Regulations not have been made; or

(b) in relation—

(i) to transfer payments made by the Secretary of State to statutory schemes, or schemes which fall to be treated by him as statutory schemes for the purposes of Schedule 2 to the principal Regulations, where an application was received by him before 6th April 1988, and

(ii) to transfer payments made by such schemes to the Secretary of State before that date.

(5) Where the whole, or any part of, a transfer payment made in respect of a person—

(a) falls to be calculated by reference to service rendered by him before the coming into force of these Regulations;

(b) is to be used by the Secretary of State, at that person’s option, to acquire transfer credits in an occupational pension scheme; and

(c) would as a consequence of the amendments made to the principal Regulations by regulations 21 and 24 of these Regulations result in the amount or value of those transfer credits being reduced,

that transfer payment, or that part of it, shall be calculated as if regulations 21 and 24 of these Regulations had not been made.