The National Health Service Pension Scheme Regulations 1995

PART E E+W+S Benefits for members

Normal retirement pension E+W+S

E1.—(1) A member who retires from pensionable employment on or after attaining age 60 shall be entitled to a pension under this regulation.

(2) The pension under this regulation shall be at a yearly rate of 1/80th of final year’s pensionable pay for each complete year of pensionable service, plus the relevant daily proportion of that rate for each additional day of such service.

(3) A member who stays in pensionable employment until age 70 shall be entitled to receive a pension under this regulation at that age even if he does not retire from such employment.

Early retirement pension (ill–health) E+W+S

E2.—(1) A member who retires from pensionable employment because of physical or mental infirmity that makes him permanently incapable of efficiently discharging the duties of that employment shall be entitled to a pension under this regulation if he has at least 2 years’ qualifying service or qualifies for a pension under regulation E1 (normal retirement pension).

(2) Subject to paragraph (3), the pension under this regulation will be calculated as described in regulation E1.

(3) If the member retires from pensionable employment before reaching age 65 and satisfies the requirements of any of paragraphs (4) to (6), the pensionable service upon which the pension is based will, subject to regulation Q1(4) (cases in which additional service is not to count as pensionable service), be increased as described in whichever of those paragraphs is applicable or, if both of paragraphs (5) and (6) apply, as described in whichever of those paragraphs is more favourable to the member.

(4) If the member has at least 5 years’ qualifying service but not more than 10 years’ pensionable service, the pension will be based on the shorter of—

(a) twice the member’s pensionable service; and

(b) the pensionable service the member could have completed if he had stayed in pensionable employment until age 65.

(5) If the member has more than 10 but not more than 20 years’ pensionable service, the pension will be based on the shorter of—

(a) the pensionable service the member could have completed if he had stayed in pensionable employment until age 65; and

(b) 20 years’ pensionable service.

(6) If the member has more than 10 years’ pensionable service and has not reached age 60, the pension will be based on the shortest of—

(a) the member’s actual pensionable service increased by a period of 6 years and 243 days;

(b) the pensionable service the member could have completed if he had stayed in pensionable employment until age 60; and

(c) 40 years’ pensionable service.

[F1 (7) Subject to paragraph (8), where a member becomes entitled to a pension under paragraph (1), the Secretary of State may discharge her liability for that pension by the payment of a lump sum of an amount consistent—

(a) with the contracting-out and preservation requirements of the 1993 Act; and

(b) the lump sum rule.]

(8) A lump sum payment under paragraph (7) may be made only if the Secretary of State is satisfied that it is appropriate in all the circumstances having regard to the life expectancy of the member.

(9) For the purpose of paragraph (8), the Secretary of State may require whatever medical evidence that she considers necessary.

[F2 (10) The amount of the lump sum payable under paragraph (7)—

(a) will be equal to 5 times the yearly rate of the member’s incapacity pension (calculated in accordance with this regulation); and

(b) shall be payable in addition to the lump sum on retirement payable under regulation E6 (which shall not be subject to any reduction under regulation E6(3)).]

(11) The employment of a member to whom a pension is payable under this regulation may be pensionable under the scheme providing that the member is under the age of 50 at the date on which he returns to pensionable employment.

Textual Amendments

F1 Reg. E2(7) substituted (6.4.2006) by The National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006 (S.I. 2006/600), regs. 1(2)(b), 5(2)

F2 Reg. E2(10) substituted (6.4.2006) by The National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006 (S.I. 2006/600), regs. 1(2)(b), 5(3)

[F3 Early retirement pension (redundancy etc. additional provisions) E+W+S

E3.— (1) This regulation shall apply to a member—

(a) who—

(i) was in pensionable employment on 1st December 2006, or

(ii) returns to such employment on, or after, that date and who is entitled to a preserved pension under regulation L1, or

(iii) returns to pensionable employment after that date having had a break in such employment which does not exceed 12 months but includes 1st December 2006 and who is not entitled to a preserved pension under regulation L1, or

(iv) is certified by his employing authority as having a period of continuous employment (determined in accordance with terms and conditions relevant to that employment and as they applied on 1st October 2006);

(b) whose employment is terminated by his employing authority before 1st October 2011; and

(c) who satisfies the conditions specified in paragraph (2).

(2) Those conditions are that—

(a) he has at least 5 years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;

(b) the Secretary of State certifies—

(i) that the member’s employment is terminated by reason of redundancy, or

(ii) with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which he is employed; and

(c) his employing authority does not certify that he has unreasonably refused to seek suitable alternative employment or accept an offer of such employment.

(3) A member who satisfies the conditions in paragraph (2) shall be entitled to a pension calculated as described in regulation E1 (normal retirement pension).

(4) This regulation does not apply to—

(a) practice staff;

(b) practitioners; or

(c) non-GP providers.]

Textual Amendments

F3 Regs. E3-E3D substituted for reg. E3 (1.12.2006) by The National Health Service (Pension Scheme and Compensation for Premature Retirement) Amendment Regulations 2006 (S.I. 2006/2919), regs. 1(2), 2(5)

[F3 Early retirement pension (termination of employment by employing authority) E+W+S

E3A.— (1) This regulation applies to a member—

(a) whose pensionable employment is terminated by his employing authority; and

(b) who satisfies the conditions specified in paragraph (2).

(2) Those conditions are that—

(a) he has 2 years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;

(b) his employing authority certifies he has at least 2 years’ continuous employment determined in accordance with any terms and conditions applying to that employment;

(c) his employing authority does not certify that he has unreasonably refused to seek suitable alternative employment or accept an offer of such employment;

(d) the Secretary of State certifies—

(i) that the member’s employment is terminated by reason of redundancy, or

(ii) with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which he is employed; and

(e) he makes a claim for the pension referred to in this regulation.

(3) A claim referred to in paragraph (2)(e) shall be—

(a) in writing and addressed to the Secretary of State;

(b) made within 6 months of the employment terminating; and

(c) contain such information as the Secretary of State may from time to time require.

(4) A member who satisfies the conditions in paragraph (2) shall be entitled to a pension calculated as described in regulation E1.

(5) Where a person who claims a pension under this regulation—

(a) has received—

(i) a redundancy payment under the Employment Rights Act 1996,

(ii) a corresponding payment under the arrangements of the Whitley Councils for the Health Services of Great Britain, or

(iii) a payment made by virtue of any arrangement made pursuant to paragraph 17(2) of Schedule 2 to the National Health Service and Community Care Act 1990 (National Health Service Trusts – general powers),

in respect of the cessation of the employment; and

(b) the terms and conditions relevant to the employment require that payment or payments to be reduced to take account of the additional contributions the employing authority must make to the Secretary of State in accordance with regulation D2(3); but

(c) that payment or payments have not been so reduced,

the pension shall be reduced by an amount equal to the amount of that payment or payments and may be reduced to zero.

(6) This regulation does not apply to—

(a) practice staff;

(b) practitioners; or

(c) non-GP providers.

Textual Amendments

F3 Regs. E3-E3D substituted for reg. E3 (1.12.2006) by The National Health Service (Pension Scheme and Compensation for Premature Retirement) Amendment Regulations 2006 (S.I. 2006/2919), regs. 1(2), 2(5)

Early retirement pension (redundancy etc. notifications) E+W+S

E3B.— (1) This regulation applies to a member—

(a) who satisfies the conditions specified in regulation E3 and E3A; and

(b) whose pensionable employment is terminated by his employing authority on, or after, 1st December 2006 but before 1st October 2011.

(2) A member referred to in paragraph (1) may notify the Secretary of State as to which of those regulations he wishes to apply to him and such a notification shall be—

(a) in writing (but the Secretary of State may, in his discretion, accept notification in another form);

(b) given within 6 months of the employment terminating; and

(c) irrevocable.

(3) Where a member does not notify the Secretary of State within the period mentioned in paragraph (2)(b), regulation E3 shall apply.

Textual Amendments

F3 Regs. E3-E3D substituted for reg. E3 (1.12.2006) by The National Health Service (Pension Scheme and Compensation for Premature Retirement) Amendment Regulations 2006 (S.I. 2006/2919), regs. 1(2), 2(5)

Early retirement pension (special classes) E+W+S

E3C.— (1) This regulation applies to a member—

(a) who has attained the age of 55;

(b) to whom regulation R2 (nurses, physiotherapists, midwives and health visitors) or regulation R3 (mental health officers) applies, and

(c) whose employment is terminated on, or after, 1st October 2011, and either—

(i) the Secretary of State certifies that that employment is terminated by reason of redundancy, or

(ii) with the agreement of the employing authority, the Secretary of State certifies that that employment is terminated in the interests of the efficiency of the service in which he is employed.

(2) A member referred to in paragraph (1) who would, if he made a claim for it, be entitled to a pension in accordance with regulation E3A—

(a) shall (for the purpose of this regulation) be treated as retiring from pensionable employment on the day on which his employment terminates; and

(b) shall be entitled to a pension under regulation E1 or E5 if he makes a claim for it.

(3) A claim referred to in paragraph (2)(b) shall—

(a) be in writing and addressed to the Secretary of State;

(b) be made within 6 months of the employment terminating; and

(c) contain such information as the Secretary of State may from time to time require.

Textual Amendments

F3 Regs. E3-E3D substituted for reg. E3 (1.12.2006) by The National Health Service (Pension Scheme and Compensation for Premature Retirement) Amendment Regulations 2006 (S.I. 2006/2919), regs. 1(2), 2(5)

Continuing entitlement to an E1 or E5 pension E+W+S

E3D.— (1) This regulation applies to a member—

(a) whose employment is certified by the Secretary of State to have terminated by reason of redundancy on, or after, 1st December 2006, and

(b) who has reached—

(i) normal minimum pension age, or, where relevant, protected pension age, or

(ii) age 60.

(2) A member referred to in paragraph (1) who would, if made a claim for it, be entitled to a pension in accordance with regulation E3A—

(a) shall (for the purposes of this regulation) be treated as retiring from pensionable employment on the day on which his employment terminates; and

(b) shall be entitled to a pension under regulation E1 or E5 if—

(i) he satisfies the conditions set out in those regulations, and

(ii) he makes a claim for it.

(3) A claim referred to in paragraph (2)(b) shall—

(a) be in writing and addressed to the Secretary of State;

(b) be made within 6 months of employment terminating; and

(c) contain such information as the Secretary of State may from time to time require.]

Textual Amendments

F3 Regs. E3-E3D substituted for reg. E3 (1.12.2006) by The National Health Service (Pension Scheme and Compensation for Premature Retirement) Amendment Regulations 2006 (S.I. 2006/2919), regs. 1(2), 2(5)

Early retirement pension (employer’s consent) E+W+S

E4.—(1) A member with at least 2 years’ qualifying service, who retires from pensionable employment at any time after reaching [F4 normal minimum pension age or, where relevant, protected pension age] shall, if the relevant employing authority agrees to meet the cost described in regulation D2(3)(b) (plus any supplement or increase in that cost under regulation D2(3)(c), (e) or (f)), be entitled to a pension under this regulation.

(2) The pension under this regulation will be calculated as described in regulation E1 (normal retirement pension).

[F5 (3) This regulation shall not apply to practice staff.]

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in reg. E4(1) substituted (6.4.2006) by The National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006 (S.I. 2006/600), regs. 1(2)(b), 7(2)

F5 Reg. E4(3) inserted (1.9.1997) by The National Health Service Pension Scheme (Amendment) Regulations 1997 (S.I. 1997/1888), regs. 1, 5

F6 Reg. E4(4) omitted (1.4.2006) by virtue of The National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006 (S.I. 2006/600), regs. 1(2)(b), 7(3)

Early retirement pension (with actuarial reduction) E+W+S

E5.—(1) A member with at least 2 years’ qualifying service, who retires from pensionable employment at any time after reaching [F7 normal minimum pension age or, where relevant, protected pension age], but before reaching age 60, shall be entitled, subject to paragraph (4), to a pension under this regulation.

(2) The pension under this regulation will be calculated as described in regulation E1 (normal retirement pension) but it will then be reduced by such amount as the Secretary of State, after taking the advice of the Government Actuary, may determine.

(3) Where a pension is payable under paragraph (1), any other amount payable under these Regulations which is paid early shall be reduced in like manner as described in paragraph (2).

(4) A member shall not be entitled to a pension under this regulation if the Secretary of State determines, having taken advice from the Government Actuary, that the pension, as reduced under paragraph (2), would be insufficient to meet her liability to provide a guaranteed minimum pension.

Textual Amendments

F7 Words in reg. E5(1) substituted (6.4.2006) by The National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006 (S.I. 2006/600), regs. 1(2)(b), 8

Lump sum on retirement E+W+S

E6.—(1)  [F8 Subject to paragraph (8),] each member shall, on becoming entitled to a pension under any of regulations E1 to E5, also become entitled to a lump sum.

(2) Subject to paragraphs (3) and (7), the lump sum will be equal to 3 times the yearly rate of the pension.

(3) In the case of a man whose pensionable service started before 25th March 1972 and who is or has been married, the lump sum will be reduced in accordance with whichever of paragraphs (4) to (6) is applicable (except to the extent that the reduction has been offset under regulation Q2 (right to buy unreduced retirement lump sum)).

(4) If the man is married, the reduction will be equal to 2 times the yearly rate of the part of the man’s pension that is based on pensionable service before 25th March 1972.

(5) If the man’s wife died, or the man was divorced from his wife, on or after 25th March 1972, the reduction will be equal to 2 times the yearly rate of the part of the man’s pension that is based on pensionable service before 25th March 1972.

(6) If the man’s wife died, or the man was divorced from his wife, before 25th March 1972, the reduction will be equal to 2 times the yearly rate of the part of the man’s pension that is based on pensionable service up to and including the date of the death or divorce.

(7) In any case where regulation E5 applies (early retirement pension with actuarial reduction)—

(a) the pension referred to in paragraph (2) of this regulation means the pension before any reduction is made under regulation E5(2); and

(b) the lump sum as calculated under paragraph (2) of this regulation will be reduced by such amount as the Secretary of State, after taking advice from the Government Actuary, shall determine.

[F9 (8) Where a member entitled to a lump sum under this regulation has attained the age of 75—

(a) he shall cease to be entitled to a lump sum; and

(b) shall instead be entitled to have his pension increased by such amount as the Secretary of State may, after taking advice from the scheme actuary, determine.]

Textual Amendments

F8 Words in reg. E6(1) inserted (6.4.2006) by The National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006 (S.I. 2006/600), regs. 1(2)(b), 9(2)

F9 Reg. E6(8) added (6.4.2006) by The National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006 (S.I. 2006/600), regs. 1(2)(b), 9(3)