The National Health Service (Superannuation) Amendment Regulations 1989

Amendment of regulation 80 of the principal Regulations

30.  Regulation 80 of the principal Regulations (right to a transfer payment) is amended as follows–

(a) for paragraph (1) there is substituted–

“(1) Subject to paragraphs (1A), (3) and (5), where a person has either left an employment or made an election under regulation 6(2) and as a result is no longer an officer in relation to any employment then if–

(a) his employment terminated or his election took effect before he attained the age of 60 years, or where paragraph (5) applies, the age of 59 years;

(b) he is a person–

(i) who has completed 2 or more years' service, or

(ii) who has within 12 months of the date on which his employment terminated or his election took effect or within such longer period as the Secretary of State may allow, become a member of a superannuation scheme or entered into an arrangement in respect of which paragraph (5) applies and has, within the aforementioned period, or in the case of a transfer to a superannuation or personal pension scheme within 12 months of becoming a member of that scheme, made an application for a transfer payment under sub-paragraph (d);

(c) no benefit under these Regulations has been paid, or, where paragraph (5) applies, is payable, to him other than–

(i) a benefit consisting of a return of contributions in respect of part only of his contributing service (whether or not repaid to the Secretary of State), or

(ii) a benefit consisting of a return of contributions in respect of all his contributing service paid to him by the Secretary of State under regulation 37 where he has repaid to the Secretary of State an amount equal to the sum received by him, or

(iii) any funds paid to him on account of benefit under these or the previous Regulations, where he has ceased to be employed in the circumstances mentioned in regulation 8(7) and has repaid to the Secretary of State the amount paid to him;

(d) he has, before attaining–

(i) the age of 60 years, or

(ii) where paragraph (5) applies the age of 59 years or six months after the date on which he ceased to be subject to these Regulations, whichever is later,

made an application in writing to the Secretary of State for a transfer payment to be made, and has not subsequently withdrawn it in accordance with paragraph 9(a); and

(e) he is not a person the whole of whose benefits under these Regulations have been forfeited by virtue of a direction made by the Secretary of State under regulation 62,

the Secretary of State shall, in respect of that person provide a transfer payment, calculated in accordance with Part I of Schedule 2, to be used at that person’s option in one or more of the ways set out in paragraph 13(2) of Schedule 1A to the Pensions Act.”;

(b) after paragraph (1) there is inserted–

“(1A) Notwithstanding the provisions of paragraph (1)–

(a) a transfer payment arising out of the termination of an officer’s employment may be made to a personal pension scheme or a self-employed pension arrangement only–

(i) if the employment was terminated on or after 1st January 1986, and

(ii) in a case where the application relates to a period of contributing service of 2 years or more falling before 6th April 1988, if a period of not less than one month has elapsed between the date of the termination of the employment and the date of the commencement of any further employment in which he is entitled to participate in the scheme provided under these Regulations;

(b) a transfer payment arising out of an election under regulation 6(2) may relate only to a period of contributing service falling on or after 6th April 1988 unless the applicant’s contributing service prior to that date is less than 2 years, in which case that service shall also be included.”;

(c) in paragraph (2) the word “old” is omitted and after the word “employment” in the second place where it appears there is inserted “as officers”;

(d) in paragraph (5) after the words “insurance companies” there is inserted “or to a personal pension scheme or self-employed pension arrangement”.