PART 5Members' benefits

CHAPTER 4Partial retirement

Application of regulations 84 to 88: concurrent employments89

1

This regulation applies if a person (M) is an active member in two or more employments held concurrently on the election day.

2

Regulations 84 to 88 apply in relation to each of the employments as if it were the only employment held by M on that day, subject to the following modifications.

3

In regulation 84—

a

for paragraph (2)(a) substitute—

a

where M is neither a practitioner nor a non-GP provider, if the sum of the annual rate of M's pensionable earnings in that employment and every other employment held by M on the election day is reduced F1(disregarding any reduction in pensionable earnings resulting from the member entering into a salary sacrifice arrangement) to 90% or less of the sum of—

i

M's pensionable earnings in the employment during the period of 12 months ending with the election day; and

ii

M's pensionable earnings during that period in every other employment held by M on that day.

b

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

4

In regulation 86, for paragraph (2)(a) substitute—

a

where M is neither a practitioner nor a non-GP provider, the annual rate of M's pensionable earnings in the employment is increased F2(disregarding any increase in pensionable earnings resulting from the member leaving a salary sacrifice arrangement) to more than 90% of the sum of—

i

M's pensionable earnings in the employment during the period of 12 months ending with the election day; and

ii

M's pensionable earnings during that period in every other employment held by M on that day.

5

In the case of a practitioner or a non-GP provider, a reference to M's employment is a reference to M's pensionable service as a practitioner together with any concurrent NHS employment, and “terms of employment” must be construed accordingly.