The National Health Service Pension Scheme Regulations 2008

3.D.1    Normal retirement pensions E+W

(1) The general rule is that a member is entitled to a pension payable for life in respect of any period of pensionable service (“the relevant service”) if the member—

(a) has reached the age of 65, and

(b) either—

(i) has ceased to be employed in NHS employment and has claimed payment of the pension, or

(ii) will reach the age of 75 on the next day.

This is subject to paragraph (2) and the following provisions of this Part.

(2) A person to whom paragraph (1) applies is not entitled to a pension under this regulation unless—

(a) the member is entitled to count at least 2 years of qualifying service in respect of the relevant service, or

(b) a transfer value payment has been accepted by the Scheme during the relevant service under Chapter 3.F (transfers), otherwise than from an occupational pension scheme,

(c) the member is entitled to a pension under this regulation in respect of any previous period of pensionable service, or

(d) the member has reached the age of 65.

(3) A pension to which a member is entitled under this regulation becomes payable immediately the member becomes entitled to it.

(4) The-

(a) amount of the annual pension payable to a practitioner member under this regulation (disregarding any additional pension) will be equal to 1.87% of the member’s uprated earnings, and

(b) the member’s uprated earnings are to be calculated by uprating the member’s pensionable earnings by the amount of the annual increase due under the provisions of the Pensions (Increase) Act 1971(1) and section 59 of the Social Security Pensions Act 1975(2), plus 1.5% annually.

(5) A claim referred to in paragraph (1)(b)(i) and made in accordance with regulation 3.J.2, takes effect from the date the claim is received by the Secretary of State.

(6) This regulation does not apply to pensions derived from pension credit rights.

(7) In this Chapter “NHS employment” includes—

(a) employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(3), and

(b) employment with an employer with whom an agreement has been made under section 235 of the 2006 Act.

[F1 (8) In the case of a 2008 Section Optant, this regulation is subject to regulation 3.K.11.]

Textual Amendments

F1 Reg. 3.D.1(8) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 67

(1)

1971 c. 56.

(2)

1975 c. 60.

(3)

1967 c.28.