Search Legislation

The National Health Service Pension Scheme Regulations 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 2.A.2

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The National Health Service Pension Scheme Regulations 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

2.A.2    Meaning of “pensionable service”E+W
This section has no associated Explanatory Memorandum

(1) In this Part, references to a member’s pensionable service, are references to the aggregate of the following periods–

(a)any period of service in respect of which the member contributes to [F1this Section of] the scheme under regulation 2.C.1 (contributions by members),

(b)any period of absence from service which counts as pensionable service under regulation 2.A.4, F2...

(c)any period of service credited to the member as pensionable service under Chapter 2.F (transfers from other pension arrangements) [F3, and

(d)any period of pensionable service the member is entitled to count under Chapter 2.K.]

This is subject to paragraph (2).

(2) A member’s pensionable service does not include—

(a)any period of service in respect of which the Secretary of State has paid contributions to another occupational pension scheme in respect of the member,

(b)in the case of a pensioner member or deferred member, any period taken into account—

(i)in determining the member’s entitlement to the pension in payment or, as the case may be, the deferred pension, or

(ii)in calculating the amount of that pension,

but, in the case of a pensioner member or deferred member entitled to a pension under regulation 2.D.5 (partial retirement) subject to paragraph (6),

(c)any period of service in respect of which the Secretary of State’s liability to provide benefits is discharged—

(i)by the payment of a contributions equivalent premium under section 55(2) of the 1993 Act,

(ii)under regulation 2.C.18 (repayment of contributions), or

(iii)by the payment of a transfer value payment on transfer out under Chapter 2.F (transfers), or

(d)any period of service which would result in the aggregate mentioned in paragraph (1) exceeding 45 years.

(3) A member’s pensionable service must not exceed 45 years unless—

(a)the member gives notice in writing to the Secretary of State and the member’s employing authority of an intention to remain in pensionable service beyond 45 years, and

(b)that notice is received by the Secretary of State and the member’s employing authority—

(i)not earlier than three months before the member reaches 45 years pensionable service, and

(ii)by the end of the pay period during which the member reaches the 45 year limit.

(4) If the notice required by paragraph (3) has been properly received and the member has pensionable service in excess of 45 years—

(a)benefits under this Part shall be calculated by reference to a maximum of 45 years of pensionable service, and

(b)the Secretary of State shall select the years by reference to which the benefits are to be calculated, selecting the years which produce the most favourable result to the member.

(5) If, when the employment in which a person is an active member ceases, a payment is made in respect of untaken leave, for the purpose of this Part—

(a)the member’s pensionable service is treated as continuing for a period equal to the period of leave in respect of which payment is made, and

(b)the payment is treated as the member’s pensionable pay for that period.

(6) In the case of a pensioner member or deferred member entitled to a pension under regulation 2.D.5 (partial retirement), paragraph (2)(b) only applies to so much of the member’s pensionable service as is mentioned in regulation [F42.D.5(9)(a)] (the specified percentage of the pensionable service as respects which the member is an active member on the option day).

(7) Regulation 2.A.3 makes further provision where service is in part-time employment.

[F5(8) Where a member is also a member of the [F61995 Section], any reference in this Part to “45 years” shall be taken to be a reference to a shorter period determined by the formula—

where—

SP is the shorter period, measured in years and days, and

LPS is the length of pensionable service (within the meaning of the 1995 Regulations), measured in years and days, giving rise to membership of the [F61995 Section] and, in the case of a member of [F7that Section] who has become entitled to a pension (including a preserved pension) under [F7that Section], including any period that was taken into account for the purpose of determining whether the member was entitled to that pension, or for the purpose of calculating the amount of that pension.]

Textual Amendments

Back to top

Options/Help

You have chosen to open The Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules as a PDF

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?