The National Health Service Pension Scheme Regulations 2015

this scheme; and

any statutory pension scheme that is connected with it.

the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) M3; or

one or more persons or bodies corporate or unincorporate (and where more than one, may include that Authority),

actuarial valuations of this scheme and connected schemes required by Treasury directions given under section 11 of the 2013 Act; and

such other actuarial functions as may be required in relation to this scheme or a connected scheme.

in respect of the first valuation under paragraph (1), 31st March 2016;

in respect of subsequent valuations, such dates as enable the scheme to comply with Treasury directions as to valuations.

to consider the matter; and

give advice to the Secretary of State as to the means by which the target cost is to be achieved.

the advice must be provided; and

agreement must be reached.

automatically on commencing NHS employment;

subject to regulation 16, where the person has previously opted out of this scheme, on the date determined under paragraph 2 of Schedule 4, where that paragraph applies;

“the 2008 Act” means the Pensions Act 2008;

“the 2010 Regulations” means the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 M5.

employed by an NHS organisation listed in Part 1 of Schedule 5;

an individual who is a medical contractor, or who is employed by a medical contractor or dental contractor, listed in Part 2 of that Schedule;

an individual who is employed by an independent provider in circumstances described in paragraph (4);

an individual who is a medical practitioner or dental practitioner listed in Part 3 of that Schedule; or

who is employed by a determination employer: see Part 4 of that Schedule.

an individual of a category or description listed in Schedule 6; and

a person in respect of whom the Secretary of State has made a determination under section 25(5) of the 2013 Act.

performs services pursuant to an approved qualifying contract (see regulation 150(3)); and

satisfies the wholly or mainly condition (see regulation 150(4)).

is under the age of 16 or over the age of 75;

is, other than by virtue of regulation 6 of the National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 M8, eligible to be an active member of the 1995 Section or the 2008 Section in respect of service in that scheme;

is a pensioner member of the 1995 Section or the 2008 Section except so far as otherwise provided pursuant to the National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015;

holds an honorary appointment and is not at the same time otherwise entitled to join this scheme;

is employed by a dental contractor but is not a dental practitioner;

a period of service in which a member (M) contributes to this scheme under regulation 30 or 31;

a period of absence from service which counts as pensionable service under regulation 21; and

a period of service credited to M as pensionable service under Part 7 (transfers).

a period of service in respect of which an employing authority or the Secretary of State has paid contributions to another occupational pension scheme in respect of M;

the employment in which M is an active member ceases; and

a payment is made in respect of untaken leave.

M's pensionable service is treated as continuing for a period equal to the period of leave in respect of which payment is made; and

the payment is treated as M's pensionable earnings for the period.

is a pensioner member; and

is entitled to a pension under regulation 85 (partial retirement),

a year is a period of 365 days;

29th February in any year is ignored;

part of a day is treated as a whole day.

illness or injury;

maternity leave;

adoption leave;

paternity leave; or

parental leave F2or shared parental leave.

is on leave of absence;

is not within paragraph (1); and

contributes to this scheme by contributions made at the same intervals as those made by M before the absence.

if M contributes for a continuous period of 6 months starting with the first day of M's leave of absence, 6 months;

if M contributes for a continuous period of less than 6 months starting with that day, the period in respect of which M pays the contributions.

has paid contributions for the period mentioned in paragraph (4)(a);

remains on leave of absence that is not within paragraph (1); and

at the same intervals as contributions made by M before the absence, contributes both member contributions under regulation 30 or 31 and employing authority contributions under regulation 33.

if M contributes for a continuous period of 18 months starting immediately after the end of the period mentioned in paragraph (4)(a), 18 months; and

if M contributes for a continuous period of less than 18 months starting immediately after the end of that period, the period in respect of which M pays the contributions.

M's pensionable service, except service mentioned in regulation 20(1)(c);

a transfer in period;

a transferred undertaking period;

a period treated as qualifying service by virtue of paragraph (6);

a period of relevant qualifying service in a connected scheme; and

a period of service in respect of which M is a pensioner member in this scheme.

M became an active member of this scheme on the transfer of M's employment to a new employer as the result of a transfer of undertaking to that employer; and

no transfer payment in respect of those rights has been accepted under Part 7.

M ceases to pay contributions because of a break not exceeding that period in the employment in which M is an active member, but before the end of the period M re-enters the employment on the same basis as before the break; or

M is not engaged as such a practitioner and so is not treated as being in pensionable service, but before the end of the period M is re-engaged as such a practitioner.

M is not required to re-join the scheme on re-entering the employment or on being re-engaged; and

if M is engaged as a locum practitioner, the period does not count as pensionable service as a practitioner.

regulation C3 of the 1995 Regulations; or

regulations 2.A.5 or 3.A.5 of the 2008 Regulations.

active member's account;

deferred member's account;

pensioner member's account;

additional pension account;

pension credit member's account.

may be kept in any form the scheme manager considers appropriate; and

must specify the details required by these Regulations.

a transfer payment is made in respect of the member's accrued rights under this scheme; or

the member is repaid the balance of contributions under regulation 41.

column 1 applies an identifying letter to the group to which M belongs;

column 2 describes M's employment in or engagement with a health service activity; and

column 3 specifies the nature of the income derived by M from the employment or engagement.

paragraph (2) does not apply;

if M derives income from more than one entity as a non-GP provider, M's practitioner income in respect of only one of those may be taken into account for the purpose of establishing M's pensionable earnings.

where M is in one employment, as pensionable earnings of that employment;

where M is in two or more employments, as pensionable earnings of such of the employments as the scheme manager thinks appropriate.

a dental practitioner.

the absence condition is satisfied; and

the earnings used to calculate M's pensionable earnings under regulation 27 are reduced or cease.

illness or injury;

maternity leave;

adoption leave;

paternity leave; or

parental leave F3or shared parental leave.

M is neither a practitioner nor a non-GP provider; and

M is within paragraph (2)(a).

for any period while M is within paragraph (2);

for any period (period A) while M is within paragraph (2)(b) to (e) and during a period following that period (period B) whilst M continues to be within that paragraph and M's earnings are reduced to zero.

pay received by a woman on maternity leave in respect of days during which she returns to work for the purpose of keeping in touch with the workplace must be ignored;

earnings reduced to zero in period B are treated as if they were reduced to the amount applicable to period A.

if M is one of a number of practitioners or non-GP providers who have elected under paragraph 4(4) of Schedule 10, each practitioner's or non-GP provider's pensionable earnings are calculated as if the partnership's aggregate pensionable earnings were equal to the amount of the partnership's aggregate pensionable earnings for the period of 12 months ending immediately before M's earnings were reduced or ceased;

in any other case, M is treated as having continued to receive the same average rate of pensionable earnings as during that period.

a practitioner or non-GP provider within paragraph (2)(a) is treated as having continued in pensionable employment for a period of 12 months starting on the date on which M's earnings ceased and M is not treated as having left pensionable employment until the end of that period;

a practitioner or non-GP provider falling within paragraph (2)(b) to (e) who paid contributions on the basis of reduced earnings in accordance with paragraphs (5) and (6)(b) must continue to pay contributions at that rate, but no refund of contributions or other benefit is payable until M actually leaves pensionable employment;

a member other than a practitioner or non-GP provider is treated (subject to paragraph (7)) as having left pensionable employment, but no refund of contributions or other benefit is payable until M actually leaves pensionable employment.

during the 12 month period, the practitioner's or non-GP provider's pensionable earnings are to be calculated in accordance with paragraph (9)(a) or (b);

at the end of the 12 month period, when M is regarded as having left pensionable employment, no refund of contributions or other benefit is payable until M leaves pensionable employment.

M is treated as having left pensionable employment; but

no refund of contributions or other benefit is payable until M actually leaves pensionable employment.

is with the same employing authority; or

is treated as a part-time employment.

in respect of M's pensionable earnings;

at M's contribution rate for the scheme year in question.

with the consent of the Treasury; and

having considered the advice of the scheme actuary,

in respect of M's pensionable earnings;

at M's contribution rate for the scheme year in question.

with the consent of the Treasury; and

having considered the advice of the scheme actuary,

deduct contributions due under this regulation from any pensionable earnings it pays to M; and

if it is not also the host Board, pay the contributions to the host Board not later than the 7th day of the month following the month in which the earnings were paid.

a member's (M) employment is terminated by reason of redundancy;

M will become entitled to payment of a pension under regulation 82 on the entitlement day for a premature retirement pension;

the additional contribution option applies to M; and

unless M pays an additional contribution as mentioned in paragraph (2), the amount of M's pension would be reduced pursuant to paragraph 7(5) of Schedule 13.

not less than £500 (or such other figure as the scheme manager thinks appropriate);

a whole number of pounds divisible by £10.

if the insufficiency mentioned in paragraph 7(4) of Schedule 13 is less than £500, sub-paragraph (a) is ignored;

if it is necessary to do so to comply with sub-paragraph (b), the figure must be rounded down to the nearest whole number of pounds divisible by £10.

during the same period a person who belongs to any of groups A to C in the table in regulation 27(1) holds more than one employment (whether under a contract of service or for services) with an employing authority; and

is an active member of this scheme in respect of each employment.

a successor, transmittee or assignee of all or part of an employing authority's business or functions;

the last employing authority of a person to whom these Regulations apply.

a medical practitioner employed by a medical contractor or non-GP provider must be paid by the medical contractor or non-GP provider (as the case may be);

a medical contractor (including an ophthalmic medical practitioner with a GOS contract) or a non-GP provider must be paid by the medical contractor or non-GP provider (as the case may be).

a member's (M) employment is terminated by M's employing authority in the interests of the efficient discharge of the employing authority's functions; and

M will become entitled to payment of a pension under regulation 81 on the entitlement day for a premature retirement pension.

a pension becomes payable to M under regulation 81 in respect of the termination of M's employment with an employing authority (the “ first authority ”); and

M elects that at the same time a pension also becomes payable to M in respect of pensionable service with one or more other employing authorities.

the costs mentioned in paragraph (2);

the amount of the payment mentioned in paragraph (4).

a member's (M) employment is terminated by reason of redundancy; and

M will become entitled to payment of a pension under regulation 82 on the entitlement day for a premature retirement pension.

if the additional contribution option applies, not less than one month before the entitlement day (see regulation 83);

in any other case, within one month of the date on which the pension under regulation 82 became payable.

in any other case, the amount determined under sub-paragraph (a)(i).

a pension becomes payable to M under regulation 82 in respect of the termination of M's employment with an employing authority (the “ first authority ”); and

M elects that at the same time a pension also becomes payable to M in respect of pensionable service with one or more employing authorities.

the contributions F4and the scheme administration charge it is required to pay under regulation 30, 31, 33, 34, 35, F536A, 48 or 57;

on or before the date specified in the regulation concerned.

the amount of contributions F6or, as the case may be, the scheme administration charge historically paid at a chargeable event by that employing authority;

any reasons or explanation provided by the employing authority for the change in the amount of contributions F6or, as the case may be, the scheme administration charge (if any) it has paid at such an event;

any other factors that the scheme manager considers relevant.

standard rate interest on the amount of unpaid contributions constituting that event or the amount of unpaid scheme administration charge constituting that event; or

both interest and the charge referred to in (a); and

a supplementary charge in respect of each such event.

the date of the chargeable event;

the amount of unpaid contributions F8or, as the case may be, the scheme administration charge determined under paragraph (2);

the amount of interest at the standard rate payable in respect that event;

the amount of F9supplementary charge payable in respect of it; and

that payment of the amounts referred to in paragraphs (c) and (d) is to be made before the end of the period of 1 month starting with the date of the notice and that failure to do so incurs further interest and F10supplementary charges.

considers the case to be exceptional; and

considers it appropriate for all, or part, of the amount to be paid over a period and by a number of instalments determined by the scheme manager.

a successor, transmittee or assignee of all or part of an employing authority's business or functions.

contributions paid under regulation 30, 48, 62 or 64;

contributions due under regulation 30, 48, 62 or 64, but unpaid;

contributions paid under regulation 33 F15, 34 or 35;

contributions due under regulation 33 F15, 34 or 35, but unpaid;

hours or sessions of service if the employment is not whole-time employment;

pensionable earnings;

absences from work referred to in regulation 21;

starting and termination of pensionable employment;

reasons for termination of pensionable employment.

an employing authority has provided information in accordance with paragraph (3); and

there is a change to the information,

before the end of the period of 2 months after a request for the information is made;

in a manner required by the scheme manager.

an employing authority has provided the information requested in paragraph (5); and

there is a revision to the total contributions made,

not later than one month before the start of the scheme year;

in a manner required by the scheme manager.

a medical practitioner; or

a non-GP provider.

has certified M's pensionable earnings in accordance Part 1 of Schedule 12 and forwarded a record of the earnings to the host Board; or

was not required to certify M's earnings in accordance with Part 1 of Schedule 12 but the host Board has the figure that represents M's pensionable earnings for that year.

certified or final pensionable earnings from all group D sources uprated according to the formula:

$\frac{PE}{NDPS}\times 365$

where—

PE is the certified or final amount of M's pensionable earnings from all group D sources for the year;

NDPS is the number of days of group D service from the date M's service commenced in the scheme year to the end of the scheme year; and

any additional pensionable earnings M is treated as having received during an absence from work in accordance with regulation 28.

an amount of M's earnings that has been agreed between M and the host Board;

an amount of M's earnings that corresponds to M's most recent certified or final pensionable earnings referred to in paragraph (2); or

an amount of M's earnings that corresponds to the host Board's estimate of M's pensionable earnings from all group D sources for that year.

by agreement between M and the host Board; or

without such agreement, if the host Board is satisfied that M's pensionable earnings will exceed the amount used to so determine the contribution rate.

contributions payable in respect of M's service for the purposes of group D must be determined under this regulation; and

contributions payable in respect of M's service for the purposes of any of groups A to C must be determined under regulation 30.

has reconciled or certified M's pensionable earnings in accordance with Part 1 of Schedule 12 and forwarded a record of those earnings to the host Board; or

was not required to reconcile or certify M's earnings in accordance with Part 1 of Schedule 12, but the host Board has the figure that represents M's pensionable earnings for the scheme year.

reconciled, certified or final pensionable earnings from all group D sources uprated according to the formula:

$\frac{PE}{NDPS}\times 365$

where—

PE is the reconciled, certified or final amount of the dental practitioner's pensionable earnings from all group D sources for the year;

NDPS is the number of days of dental practitioner service from the date the dental practitioner service commenced in the scheme year to the end of the scheme year; and

any additional pensionable earnings M is treated as having received during an absence from work in accordance with regulation 28.

the amount of M's earnings that has been agreed between the host Board and M;

the amount of M's earnings that correspond to M's most recent certified or final pensionable earnings referred to in paragraph (2); or

the amount of M's earnings that corresponds to the host Board's estimate of M's pensionable earnings from all group D sources for the year uprated in accordance with the formula in paragraph (3)(a).

by agreement between M and the host Board; or

without such agreement, if the host Board is satisfied that M's pensionable earnings will exceed the amount used to so determine the contribution rate.

the 1993 Act condition applies; or

the short service condition applies.

F16Chapter 2 of Part 4ZA of the 1993 Act M16 applies to M; and

the repayment is made in accordance with that Chapter.

M does not qualify for benefits under regulation 72;

M is not a pensioner member;

M ceases to be an active member;

the 1993 Act condition does not apply to M; and

M makes a claim in writing to the scheme manager for the repayment.

if the 1993 Act condition applies, the amount to which M is entitled to be paid pursuant to F17Chapter 2 of Part 4ZA of that Act, less the appropriate deductions;

if the short service condition applies, an amount equal to the sum of the contributions paid by M, less the appropriate deductions.

so much of the contributions equivalent premium paid in respect of M as is permitted pursuant to section 61 of the 1993 Act M17; and

an amount equal to the income tax payable under section 205 of the 2004 Act M18 (short service lump sum charge) as a result of the repayment.

pursuant to M's contract of employment;

at M's request; or

by reason of misconduct or inefficiency.

regulation 40(1)(a) applies; and

M is entitled to a greater amount of interest under F18Chapter 2 of Part 4ZA of the 1993 Act.

interest for the period before the transfer period was made is calculated in accordance with the other scheme (subject to any enactment applicable to the transfer); and

paragraphs (4) and (5) do not apply as respects that period.

M or M's spouse or civil partner is entitled to a guaranteed minimum pension under the scheme; and

no contributions equivalent premium has been paid.

M again becomes a member of this scheme; and

before the end of the period of 6 months starting on the date M again becomes a member, M repays to the scheme manager the contributions together with any interest paid in respect of them.

M reaches normal pension age;

a retirement pension other than a partial retirement pension becomes payable to M;

M revokes the election or is taken to revoke the election.

M enters pensionable service under this scheme F19in accordance with paragraph (3A); or

the beginning of a subsequent scheme year.

be in pensionable service; and

not have reached normal pension age.

must not exceed 3 or (if less) the number of years from the date of M's 65th birthday until M's prospective normal pension age; and

if M is a member of this scheme by virtue of more than one employment, specify the names of each of the employing authorities; and

be in such form and provide such other information as the scheme manager requires.

the rate of the monthly payments determined under regulation 47; and

the date on which M reaches prospective normal pension age.

M revokes or is taken to have revoked the election;

M ceases to be a member of the scheme;

M reaches normal pension age.

the member has made an election under regulation 55; and

paragraph (2) applies.

the first amount is B – A;

the second amount is L – A,

may determine the rate of the monthly payments by reference to the length of the period between the date of the buy-out election and the date when the member will reach prospective normal pension age; and

may exercise the functions under this paragraph so as to re-determine the rate of the monthly payments during that period.

make the first monthly payment within 2 months after the end of the month in which a buy-out election is accepted; and

continue to make the monthly payments until the end of the period mentioned in regulation 47(2)(a).

the start of the next scheme year; or

such later date as the scheme manager specifies.

there has been no previous suspension; or

if there has been an earlier suspension, contributions have been paid for not less than a full scheme year since the earlier suspension ended.

not later than one year after the request under paragraph (1) is made M applies to resume making contributions; and

M resumes making the contributions at the start of the following scheme year.

M is taken to have revoked the buy-out election; and

M is not entitled to make any other buy-out election under the scheme.

the scheme manager agrees to the suspension of payment of contributions by M; and

M's employing authority has agreed to pay contributions as mentioned in regulation 48(3).

the contributions must be re-paid to M; and

the buy-out election ceases to have effect.

contributions paid during the scheme year in which the election is revoked must be repaid to M; and

the buy-out period ends at the end of the previous scheme year.

M's spouse or civil partner; or

a dependant of M (within the meaning of paragraph 15(2) or (3) of Schedule 28 to the 2004 Act M19).

at the time M claims the pension under paragraph 4 of Schedule 3; and

if M is not already entitled to payment of such a pension.

the allocated annual pension exceeding M's unallocated relevant annual pension;

the value of the allocated annual pension being such that a lump sum could be paid under paragraph 6 of Schedule 3 by way of commutation of a pension of that amount if the person entitled to the pension is not entitled to any other benefits under the scheme.

M or the person in whose favour the election is made (the beneficiary) dies on or before the day on which the scheme manager accepts it; or

the scheme manager is not satisfied that, at the time the election is made, M is in good health.

M's pension is reduced accordingly (even if the beneficiary predeceases M); and

if the beneficiary survives M, on M's death the beneficiary becomes entitled to the payment of a pension for life of such amount as is determined in accordance with regulation 52.

M's spouse or civil partner on the date when M becomes entitled to the pension or dies; nor

at the time of M's death, a dependant of M (within the meaning of paragraph 15(2) or (3) of Schedule 28 to the 2004 Act M21).

is in pensionable service under the scheme; and

has not reached normal pension age.

an additional (self only) pension; or

an additional (self only) pension and an additional (survivor's) pension.

as a lump sum; or

by periodic payments.

a member is treated as having made an additional pension election on the date on which the employing authority receives the member’s notice under paragraph (1); and

an employing authority is treated as having made an additional pension election on the date on which the scheme manager receives the authority’s notice under paragraph (2).

the member (M); and

M's employing authority.

that M is not in good health at the time the election is made; or

in the case of an election where the contributions are to be made by periodic payments, that M's health is likely to prevent the payment of contributions for the whole of the contributions payment period.

not less than the minimum amount; or

an amount which is a multiple of the minimum amount.

may specify different amounts for different descriptions of members; and

may be amended during a scheme year.

at the start of the next scheme year; or

such later date as the scheme manager specifies.

£6,500 for a scheme year ending before 1st April 2016;

that pension were eligible to be so increased; and

the beginning date for that pension were the first day of the previous scheme year.

in respect of whom an additional pension election is accepted; and

whose notice of election states that contributions are to be paid by lump sum.

the amount of the lump sum paid by M must be repaid to M’s F24personal representatives;

the amount of the lump sum paid by M’s employing authority pursuant to regulation 57 must be repaid to the authority; and

the F25additional pension account must be closed.

the amount of the lump sum paid by M must be repaid to M;

the amount of the lump sum paid by M’s employing authority pursuant to regulation 57 must be repaid to the authority; and

the F27additional pension account must be closed.

in respect of whom an additional pension election is accepted; and

whose notice of election states that contributions are to be paid by periodic payments during the contributions payment period.

deduct the contributions from M's pensionable earnings; and

pay them to the scheme manager not later than the 19th day of the month following that in which the earnings were paid to M.

be a whole number of years;

begin with the pay period in respect of which the first contribution is paid;

be not less than one year nor more than 20 years; and

end before M reaches normal pension age.

the beginning of the next scheme year; or

such later date as the scheme manager determines.

a partial retirement pension (if M has elected to receive additional pension with it);

a premature retirement pension;

an early retirement pension.

periodic payments for additional pension cease to be payable on the entitlement day for that pension; and

the scheme manager; and

M's employing authority.

periodic payments for additional pension under the election cease to be payable; and

the amount of accrued additional pension as at that date is an amount determined by the scheme manager.

that M's health will prevent M from paying contributions for the whole of the contributions payment period;

that M was aware of the state of M's health at the time of making the declaration under regulation 58(3); and

that M failed to disclose the state of M's health in the declaration.

periodic payments for additional pension under the election cease to be payable; and

payments made by M before the date of revocation must be returned to M or, if M is deceased, M's F28personal representatives.

at the time the declaration under regulation 58(3) was made M was aware that the state of M's health was such that not less than 12 months after the election F29was made it was reasonable to assume that M would become entitled to an ill health pension or M's survivors would become entitled to a pension under Part 6; and

M failed to disclose the state of M's health at the time of making the declaration.

if the lump sum was paid by M, to M, or if M is deceased, to M's F30personal representatives;

if the lump sum was paid by M's employing authority, to the employing authority.

is absent from work because of illness or injury;

is on maternity leave;

is on adoption leave;

is on paternity leave;

is on parental leave F31or shared parental leave; or

is within regulation 21(4) or (6).

the contributions payable under regulation 64 continue to be payable unless M ceases paying basic contributions;

a member (M) has made an election under regulation 55;

M ceases to be an active member during the contributions payment period; and

before the end of the period of 12 months beginning with the day on which M ceased to be an active member, M becomes an active member again.

who dies while an active member before the end of the contributions payment period for that election.

the amount of the contributions paid by D must be repaid to D's F33personal representatives; F34and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the additional pension account must be closed.

the periodic payments cease to be payable as at the date of D's death; and

paragraph (4) applies.

if the scheme manager has reasonable grounds to believe that declaration was not made in good faith, paragraph (2)(a) to (c) applies.

any periodic payments that have been made under the election must be repaid to M; F36and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the amount of accrued additional pension attributable to the election as at the last day of pensionable service must be disregarded.

the periodic payments under the additional pension election are treated as being paid until the end of the contributions payment period for the election; and

paragraph (4) applies.

if the scheme manager believes that the declaration that accompanied the additional pension election was made in good faith, the amount of accrued additional pension is calculated under paragraph 28 of Schedule 9 as at the last day of pensionable service;

if the scheme manager believes that the declaration was not made in good faith, paragraph (2)(a) and (c) applies.

the full amount of contributions payable by a member (M) under an additional pension election is not paid; and

neither regulation 69(2) nor 70(2) applies.

the proportion that the total contributions paid bears to the full amount of contributions due to be paid under the election for the full contributions payment period; and

the requirements of Chapter 1 of Part 4 of the 1993 Act relating to the preservation of benefits under occupational pension schemes.

has reached normal pension age;

is qualified for retirement benefits or the member ceases pensionable service after reaching normal pension age;

has left all NHS employment or reached age 75; and

has applied under paragraph 4 of Schedule 3 for the payment of an age retirement pension.

the relevant event occurs; and

the member claims payment of the pension.

the pension credit member reaches whichever is the later of the age of 65 or state pension age; and

the date on which the pension sharing order or provision under which the member is entitled to the pension credit takes effect.

has reached normal minimum pension age; and

claims payment of the pension.

the amount calculated pursuant to paragraph (4), less

such amount as the scheme manager determines to be appropriate in consequence of payment of the pension before the pension credit member is within paragraph (2)(a).

must be made in writing in such form as the scheme manager requires;

takes effect from the date specified in the claim as the date on which the pension is to become payable.

meets the ill-health condition in paragraph 1 of Schedule 28 to the 2004 Act;

had previously been engaged in regular employment but is now permanently incapable of engaging in regular employment due to mental or physical infirmity; and

claims payment of the pension.

a member who is entitled to payment of a retirement pension;

a pension credit member who is entitled to payment of a pension credit retirement pension.

the member's pension credit is derived from rights attributable to the pensionable service of a pension debit member; and

a retirement pension does not become payable to the pension debit member before the day on which a pension sharing order takes effect in respect of that pensionable service.

is adjusted by virtue of regulation 93, or

is abated to zero by virtue of regulation 86(3) and regulation 87 applies.

at the time of claiming the pension; or

before such later time as the scheme manager specifies in writing.

in relation to the difference between the Tier 1 IHP that ceases to be payable pursuant to sub-paragraph (a) of regulation 93(5) and the Tier 2 IHP to which the member becomes entitled under sub-paragraph (b) of that regulation; and

given in writing;

in such form as the scheme manager requires.

if M is not in NHS employment on the day on which M reaches normal pension age, that day.

has reached normal minimum pension age but has not reached normal pension age;

is qualified for retirement benefits;

has ceased all NHS employment; and

has applied under paragraph 4 of Schedule 3 for payment of an early retirement pension.

in the case of a deferred member, the date specified in the claim as the date on which the pension is to become payable;

in the case of an active member, the day immediately following the day on which M ceased to be employed in NHS employment.

M has reached normal minimum pension age but has not reached normal pension age;

M is qualified for retirement benefits;

M's pensionable employment has been terminated by M's employing authority in the interests of the efficient discharge of the functions of M's employing authority;

M's employing authority gives written notice to the scheme manager pursuant to paragraph (2);

the scheme manager certifies that M's employment is terminated in the interests of the efficient discharge of the employing authority's functions;

M has ceased to be employed in NHS employment; and

not later than 6 months after M's employment is terminated, M applies under paragraph 4 of Schedule 3 for payment of a premature retirement pension.

M's pensionable employment was terminated in the interests of the efficient discharge of the employing authority's functions;

M has at least 2 years' continuous employment determined in accordance with any terms and conditions applying to the employment;

the employing authority agrees that a premature retirement pension should become payable to M; and

a practitioner;

a non-GP provider; or

practice staff.

M has reached normal minimum pension age but has not reached normal pension age;

M is qualified for retirement benefits;

M's pensionable employment has been terminated by M's employing authority by reason of M's redundancy;

M's employing authority gives written notice to the scheme manager pursuant to paragraph (2);

the scheme manager certifies that M's employment is terminated by reason of redundancy;

M has ceased to be employed in NHS employment; and

not later than 6 months after M's employment is terminated, M applies under paragraph 4 of Schedule 3 for payment of a premature retirement pension.

that M's pensionable employment was terminated by reason of M's redundancy;

that M has at least 2 years' continuous employment determined in accordance with any terms and conditions applying to the employment;

that the employing authority agrees that a premature retirement pension should become payable to M;

that M is entitled to claim a pension under this regulation as an alternative to receiving (in whole or in part) the lump sum payment otherwise payable to M in accordance with those terms and conditions; and

whether the additional contribution option applies to M.

remitted to the scheme manager M's contribution paid to the employing authority pursuant to regulation 32(6); and

paid the contribution required under regulation 35(2).

M has chosen not to pay a contribution as mentioned in regulation 32(2); and

the employing authority gives confirmation of that in writing to the scheme manager.

a practitioner;

a non-GP provider; or

practice staff.

M has reached normal minimum pension age;

M continues to be employed in an employment in which M is an active member;

M is qualified for retirement benefits;

the terms on which M holds or engages in the employment mentioned in sub-paragraph (b) change; and

as a result of the change, M is subject to a relevant reduction.

where M is neither a practitioner nor a non-GP provider, M's pensionable earnings in the employment mentioned in paragraph (1)(b) are reduced to 90% or less of the amount of M's pensionable earnings during the period of 12 months ending with the election day;

where M is a practitioner or a non-GP provider, M's engagement in the employment is reduced to 90% or less of its level during that period.

M must specify the percentage of pension M claims (the specified percentage);

M must specify whether M claims any additional pension to which M is entitled.

where M is neither a practitioner nor a non-GP provider, a statement in writing by the employing authority that the conditions in paragraph (1)(d) and (e) are met;

the amount of the pension in respect of which M does not require immediate payment is not less than 20% of the amount that would have been payable if M had ceased to be employed in all of M's employments at the end of the election day.

any additional pension to which M is entitled must be ignored; and

the amount in sub-paragraph (a) is the amount of the pension disregarding the effect of an application under regulation 77.

any benefits to be paid after the first election (but before the second election);

any benefits to be paid after a second election; and

the final payment.

if M has reached normal pension age, to immediate payment of the specified percentage of the pension to which M would be entitled by virtue of regulation 73(1) if M had ceased to be employed in one or more employments on election day;

if M has not reached normal pension age, to immediate payment of the specified percentage of the pension to which M would be entitled by virtue of regulation 79 if M had ceased to be employed in one or more employments on election day; and

if M does not continue in pensionable service after the election day, M is a deferred member as respects the unspecified service.

a member (M) has made an election under regulation 84(3);

during the period of 12 months beginning with the day following election day the terms on which M holds the employment (or employments) mentioned in regulation 84(1)(b) change again; and

as a result M is subject to a relevant increase.

where M is neither a practitioner nor a non-GP provider, M's pensionable earnings in the employment (or employments) is increased to more than 90% of M's pensionable earnings during the period of 12 months ending with the election day;

where M is a practitioner or a non-GP provider, the level of M's engagement in the employment is increased to more than 90% of M's pre-change level.

the terms on which M holds the employment in respect of which the election was made (the election employment) are treated as having changed again; and

the only change to M's terms as mentioned in paragraph (1)(b) is to M's pensionable earnings;

the scheme manager considers that the annual rate of M's pensionable earnings at the time of the change would have exceeded the annual rate mentioned in paragraph (2)(a).

regulation 86 applies to a member (M) such that M's pension is abated to zero pursuant to paragraph (3) of that regulation; and

M again becomes subject to a relevant reduction (within the meaning of regulation 84(2)).

a member's (M) pension is abated pursuant to regulation 86(3); and

M's pensionable earnings are not reduced in consequence of M again becoming subject to a relevant reduction as mentioned in regulation 87(2).

when M partially retires or retires again from pensionable employment; or

M attains the age of 75.

have regard to any pension already paid, including any lump sum paid as a result of M making an application under regulation 77 (conversion of part of pension into lump sum); and

obtain advice from the scheme actuary.

in paragraph (8), after “paragraph (2)(a)” insert “ in respect of any of the employments held by M ”.

an ill-health pension at Tier 1 (a Tier 1 IHP) if the Tier 1 conditions are satisfied in relation to M;

an ill-health pension at Tier 2 (a Tier 2 IHP) if the Tier 2 conditions are satisfied in relation to M.

M F39is qualified for retirement benefits and has not attained normal pension age;

M has ceased to be employed in NHS employment;

the scheme manager is satisfied that M suffers from a physical or mental infirmity as a result of which M is permanently incapable of efficiently discharging the duties of M's employment;

M's employment is terminated because of the physical or mental infirmity; and

M F40...claims payment of the pension.

the Tier 1 conditions are satisfied in relation to M; and

the scheme manager is also satisfied that M suffers from a physical or mental infirmity as a result of which M is permanently incapable of engaging in regular employment of like duration.

M is dismissed (unless the scheme manager is satisfied that the dismissal was because of M's infirmity);

in the case of a practitioner or a non-GP provider, such employment as the scheme manager thinks would involve a similar level of engagement to M's current pensionable service as a practitioner or non-GP provider;

have regard to the factors in paragraph (2), no one of which is to be decisive; and

disregard M's personal preference for or against engaging in the employment.

whether M has received appropriate medical treatment in respect of the infirmity;

M's mental capacity;

M's physical capacity;

the type and period of rehabilitation it would be reasonable for M to undergo in respect of the infirmity, regardless of whether M has undergone the rehabilitation; and

any other matter the scheme manager thinks appropriate.

have regard to the factors in paragraph (4), no one of which is to be decisive; and

disregard the factors in paragraph (5).

whether M has received appropriate medical treatment in respect of the infirmity;

any other matter the scheme manager thinks appropriate.

M's personal preference for or against engaging in any particular employment; and

the geographical location of M.

taking the amount of full retirement earned pension specified in M's pensioner member's account;

subtracting the conversion amount (if any) specified in that account in relation to that amount; and

adding the amount of accrued additional pension (if any) calculated in accordance with regulation 70(3)(b) less the conversion amount (if any) specified in the account in relation to the additional pension.

the annual rate of Tier 1 IHP; and

the Tier 2 addition.

in respect of a member (M) the scheme manager is satisfied as mentioned in regulation 90(2)(c); and

at the time M is awarded a pension the scheme manager gives M notice in writing as mentioned in paragraph (2).

M makes the application in writing no later than the relevant date;

no previous application for a review has been made under this paragraph; and

M has not become entitled to a Tier 2 IHP in respect of any later service under regulation 97.

the last day of the period of three years after the giving of notice under paragraph (1)(b); or

if M engages in further NHS employment during that period, the first anniversary of the day on which the employment commences or, if sooner, the last day of that period.

ceases to be entitled to a Tier 1 IHP; and

becomes entitled to a Tier 2 IHP.

DM is not in NHS employment;

DM has not attained normal pension age;

the scheme manager is satisfied that DM suffers from physical or mental infirmity as a result of which DM is permanently incapable of engaging in regular employment of like duration; and

DM claims payment of the pension.

DM is in NHS employment;

DM has not attained normal pension age;

DM leaves the employment and claims payment of the pension.

a reference to M is a reference to DM; and

the pension under this regulation is a Tier 1 IHP.

a reference to M is a reference to DM; and

a reference to regular employment of like duration is a reference to such employment for the purposes of paragraph (1)(c).

is entitled to a Tier 2 IHP under regulation 90 in respect of earlier service;

did not opt to exchange the pension for a lump sum in accordance with regulation 109; and

has re-entered employment (M's further employment).

is not NHS employment; and

is an excluded employment.

is NHS employment; and

is an excluded employment.

after the initial period, M's employment is NHS employment.

paragraph (4)(c) applies from the first day on which payment of a Tier 1 IHP falls after the first anniversary of M's re-entry into NHS employment, whether or not that day is part of a continuous period of further NHS employment beginning with entry into that employment;

M may not re-join the scheme in respect of that employment or any other NHS employment until after the first anniversary of M's re-entry into NHS employment, whether or not that or any other NHS employment is an excluded employment.

an employment is an excluded employment at any time in a tax year, in relation to M, if M's earnings from the employment and any other employments are such that the lower earnings limit for that year is not exceeded;

for the purposes of paragraph (4) an employment that has been an excluded employment in a tax year is not treated as ceasing to be such an employment until the first day following the end of the pension pay period for the Tier 2 IHP in which the limit described in sub-paragraph (a) is first exceeded; and

“the initial period” means the period of 12 months beginning with the day on which M first enters an employment which results in this regulation applying.

notify the scheme manager if M is in NHS employment at the end of the initial period;

notify the scheme manager if M's aggregate earnings for the purposes of national insurance from employments held in a tax year are such that the lower earnings limit for that year is exceeded; and

provide the scheme manager or any other person specified by the scheme manager with such further information as the scheme manager specifies concerning any further employment.

the lower earnings limit must be read in accordance with section 5 of the Social Security Contributions and Benefits Act 1992 M26;

“tax year” means a year of assessment for income tax purposes.

has not attained normal pension age; and

has ceased to be entitled to a Tier 2 IHP by virtue of regulation 95(4).

M is in further NHS employment and ceases to be employed at all during the initial period; or

M is in further employment that is not NHS employment and ceases to be employed in that further employment within a period of one year beginning with the day on which the further employment ceased to be an excluded employment.

state that M has ceased to be employed at all;

be made within the initial period;

be in writing and be accompanied by evidence from a registered medical practitioner that M has the physical or mental infirmity mentioned in regulation 90(3)(b).

state that M has ceased to be employed at all;

be made within the period of one year beginning with the day on which the employment ceased to be an excluded employment;

be in writing and be accompanied by evidence from a registered medical practitioner that M has the physical or mental infirmity mentioned in regulation 90(3)(b).

M ceases to be treated as entitled to the Tier 1 IHP; and

M becomes entitled to a Tier 2 IHP in respect of the earlier service.

M became entitled to a Tier 1 IHP for the earlier service; and

on the termination of the later service, M becomes entitled to a Tier 1 IHP or a Tier 2 IHP.

M's original Tier 1 IHP in respect of M's earlier service; and

a Tier 1 IHP or a Tier 2 IHP (as the case may be) in respect of M's later service.

M ceases to be entitled to a Tier 1 IHP in respect of the earlier service;

M becomes entitled to a Tier 2 IHP in respect of the earlier service in accordance with regulation 93(5); and

on the termination of the later service, M becomes entitled to a Tier 1 IHP or a Tier 2 IHP (as the case may be) in respect of the later service.

a Tier 2 IHP paid in accordance with regulation 93 in respect of M's earlier service; and

a Tier 1 IHP in respect of M's later service.

a member of this scheme in two or more of the kinds specified in paragraph (2);

a pensioner member in respect of two or more pensions; or

a deferred member in respect of two or more pensions.

an active member;

a deferred member;

a pensioner member;

a pension credit member.

pension benefits are payable to the member (or to a person to whom the member has elected to allocate a pension under regulation 51) as if the member were two or more members of the kind in question (so that two or more pensions or lump sums are payable in respect of one member); and

the amounts payable are determined accordingly.

benefits are payable to the member under this scheme as if the member were two or more persons, each being entitled to one of the pension credits (so that two or more pensions or lump sums are payable in respect of one pension credit member); and

the amounts payable are determined accordingly.

the member is an active member in the NHS employment which is employment into which the member has been transferred as a result of a transfer of an undertaking to the employing authority; and

the member is a deferred member in respect of pensionable service that ceased before the member commenced the employment mentioned in sub-paragraph (a).

the termination of all of M's NHS employments (including employment as a practitioner), or

M reaches the age of 75.

regulation 73;

regulation 79;

regulation 81;

regulation 82;

regulations 90 to 97.

leaves employment (“past employment”) with one employing authority; and

in relation to the past employment, becomes entitled to a pension under regulation 81 or 82.

to take benefits only in respect of the past employment; and

to continue to accrue rights in respect of any other continuing pensionable employment.

M becomes entitled to a pension under regulation 81 or 82; and

terminated concurrent employment as a practitioner not more than 12 months before becoming entitled to the pension.

before reaching normal pension age; and

before becoming entitled to a pension under this scheme.

a person who is a pensioner member of this scheme is employed in NHS employment;

the pensioner member's employment is not employment to which the pensioner member was transferred as a result of a transfer of an undertaking to the pensioner member's employer;

the pensioner member has not reached normal pension age.

employment in which a person of a category or description listed in Schedule 6 is engaged if the scheme manager has made a determination under section 25(5) of the 2013 Act in respect of the person; and

employment to which a corresponding health service scheme applies.

a person to whom this Chapter applies is referred to as an “employed pensioner”;

the pension to which the employed pensioner is entitled is referred to as the “old service pension”;

the employment in respect of which the pension is payable is referred to as the “old employment”;

the employment in which the employed pensioner is employed is referred to as the “new employment”.

any of paragraphs (6) to (8) apply to the person.

is not eligible to re-join this scheme on the effective date;

becomes eligible to do so on the day immediately after the first anniversary of the person entering NHS employment in accordance with regulation 95(5)(b) (the eligibility day); and

exercises an option not to re-join this scheme that takes effect from the eligibility day which has not been cancelled.

inform the employed pensioner's employer in the new employment and any other specified person that the old service pension is payable; and

where requested, provide specified information about the employed pensioner's relevant income in the new employment to the scheme manager or a specified person.

inform the person's employer in the other new employment, and any specified person that the old service pension is payable;

where requested, provide specified information about the employed pensioner's relevant income in the other new employment to the scheme manager or a specified person.

is equal to the excess; but

must not exceed the enhancement amount.

the amount of earnings received by the employed person during the year from the new employment; and

the enhancement amount.

the amount of the old service pension for that scheme year; and

the amount the pension would have been had it been payable under regulation 79 (early retirement).

the fact that entitlement to a pension under regulation 79 depends on reaching that age is ignored; but

the employed pensioner's actual age at the relevant time is taken into account in determining the reduction to be made under Part 3 of Schedule 13.

the optimum re-valued pensionable earnings in the old employment; and

the annual rate of pay for the old employment at the time it ceased.

the annual rate of so much of the employed pensioner's pensionable earnings immediately before the old service pension became payable as consisted of salary, wages, or other regular payments of a fixed nature; and

the pension was eligible to be so increased; and

the beginning date for the pension were the same as the beginning date for the old service pension.

if the person holds a continuing non-practitioner employment on becoming entitled to the old service pension, the increase is the annual rate of earnings in respect of the continuing employment;

if the person holds a continuing practitioner employment on becoming entitled to the old service pension, the increase is the average of the annual amounts of the person's re-valued pensionable earnings in respect of practitioner employment.

if the person becomes entitled to receive simultaneously a pension in respect of rights accrued from non-practitioner employment, the increase is the amount of previous earnings in respect of the non-practitioner employment;

if the person holds a continuing non-practitioner employment on becoming entitled to the old service pension, the increase is the annual rate of earnings of the continuing employment.

the employed pensioner held a part-time pensionable employment immediately before the old service pension becomes payable;

in the 12 months preceding the date on which the old service pension becomes payable the person held concurrent part-time pensionable employment; and

the employment mentioned in paragraph (b) terminated before the old service pension becomes payable.

the annual rate of earnings in respect of the concurrent part-time pensionable employment; or

if higher, that part of the pensionable earnings for the employment which is attributable to any part of the period of 12 months mentioned in paragraph (4)(b).

in the period of 12 months before the date on which the old service pension becomes payable the employed pensioner was in pensionable employment as a practitioner; and

the pensionable employment terminated before the old service pension became payable.

a practitioner becomes entitled to payment of a pension under this scheme;

in the 12 months before the entitlement arises the practitioner held concurrent pensionable non-practitioner employment; and

the employment is terminated before the pension becomes payable.

the annual rate of earnings in respect of the employment mentioned in paragraph (8); or

if higher, that part of the pensionable earnings for the employment which is attributable to any part of the period of 12 months mentioned in paragraph (8)(b).

which a person held immediately before becoming entitled to payment of a pension under this scheme; and

which the person continues to hold whether it is pensionable or not.

subsequent references to the old service pension must be taken as references to every old service pension to which the substituted paragraph (2) applies.

at the end of the scheme year; and

altering the amount of the reduction; or

repaying to the employed pensioner any amount that should not have been deducted from the pension.