The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015

CHAPTER 7 E+W Retirement benefits

Ill-health benefits : continuity of existing applications E+W

27.—(1) This regulation [F1 , except paragraph (1A) and paragraph (2) to the extent that it relates to paragraph (1A),] applies [F2 during the application period] to a member—

(a) who, [F3 on [F4 the transition date—]]

(i) is prevented from contributing to or accruing further [F5 pensionable] service in the 1995 Section or being an active member of the 2008 [F6 Section; and]

F7 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) becomes eligible to join the new scheme F8 ...;

(b) who submitted Form AW33E (or such other form as the Secretary of State accepted) together with supporting medical evidence [F9 (if] not included in the form) for the purposes of [F10 1995 regulation E2A (ill health pension on early retirement), 2008 regulation 2.D.8 or 2008 regulation 3.D.7 (early retirement on ill-health: active members and non-contributing members)] before the transition date;

(c) whose Form AW33E [F11 (or such other form as the Secretary of State accepted)] and supporting medical evidence [F12 (“the member’s application for ill-health pension”)] was received by the Secretary of State before the transition date; and

(d) whose ill-health pension has not become payable under the 1995 Section or the 2008 Section before the transition date.

[F13 (1A) This regulation, except paragraph (1) and paragraph (2) to the extent that it relates to paragraph (1), applies during the application period to a member—

(a) who has remediable service in the legacy scheme up to and including 31st March 2022—

(i) that is pensionable service under that scheme by virtue of section 2(1) of PSPJOA 2022;

(ii) in respect of which an immediate choice election by virtue of regulation 9 of the National Health Service Pension Schemes (Remediable Service) Regulations 2023 (election for 2015 scheme benefits: immediate choice members and deceased members) has not been made;

(b) who on the transition date—

(i) was prevented from contributing to or accruing further pensionable service in the 1995 Section or being an active member of the 2008 Section; and

(ii) was eligible to be an active member of the new scheme;

(c) who submitted Form AW33E (or such other form as the Secretary of State accepted) together with supporting medical evidence (if not included in the form) for the purposes of 2015 regulation 90 before the transition date;

(d) whose Form AW33E (or such other form as the Secretary of State accepted) and supporting medical evidence (“the member’s application for ill-health pension”) was received by the Secretary of State before the transition date; and

(e) whose ill-health pension had not become payable under the new scheme before the transition date.]

(2) [F14 For the purposes of [F15 paragraphs (1) and (1A)], “the application period” in relation to a member is the period which ends with the day on which—]

(a) the member withdraws the application for ill-health pension; or

(b) the Secretary of State determines that there is no entitlement to [F16 an] ill-health pension [F17 in respect of that application] and that determination has become final and binding.

(3) [F18 For the purposes of paragraph (2)(b), a determination becomes final and binding when—]

(a) the determination may not be the subject of further challenge by the member—

(i) pursuant to dispute resolution arrangements made and implemented under section 50 of the Pensions Act 1995(2);

(ii) by way of a complaint to the Pensions Ombudsman pursuant to Part X of the Pension Schemes Act 1993(3); or

[F19 (iii) by proceedings before a court or tribunal;;] or

(b) F20 ... the member has indicated in writing that—

(i) the application for ill-health pension is withdrawn; or

(ii) the determination is accepted by the member as being final and binding and any right to further challenge is waived.

F21 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22 (7) Where this regulation applies—

(a) the member’s application for ill-health pension is considered in accordance with paragraph (8) or (9) (whichever is relevant); and

(b) the member’s benefits, if any, are paid in accordance with paragraph (10) and the further provisions referred to in that paragraph (whichever are relevant).

(8) If the member was in pensionable employment in the 1995 Section on 31st March 2022, the member’s application for ill-health pension is considered—

(a) as an application for ill-health pension for the purposes of 2015 regulation 90 (entitlement to ill-health pension); and

(b) as if it were also an application for ill-health pension for the purposes of 1995 regulation E2A.

(9) If the member was an active member of the 2008 Section on 31st March 2022, the member’s application for ill-health pension is considered—

(a) as an application for ill-health pension for the purposes of 2015 regulation 90; and

(b) as if it were also an application for ill-health pension for the purposes of 2008 regulation 2.D.8 or 2008 regulation 3.D.7.

(10) The member’s benefits will be paid in accordance with—

(a) paragraph (13) if, as a result of consideration under paragraph (8), the member satisfies the tier 1 condition in paragraph (2)(b)(i) of 1995 regulation E2A but does not satisfy the Tier 1 condition in paragraph (2)(c) of 2015 regulation 90;

(b) paragraph (14) if, as a result of consideration under paragraph (9), the member satisfies the tier 1 condition in paragraph (2)(a) of 2008 regulation 2.D.8 or 2008 regulation 3.D.7 but does not satisfy the Tier 1 condition in paragraph (2)(c) of 2015 regulation 90;

(c) paragraph (16) if—

(i) as a result of—

(aa) consideration under paragraph (8), the member satisfies the tier 1 condition in paragraph (2)(b)(i), or that condition and the tier 2 condition in paragraph (2)(b)(ii), of 1995 regulation E2A and also satisfies the Tier 1 condition in paragraph (2)(c), or that condition and the Tier 2 condition in paragraph (3)(b), of 2015 regulation 90 (together “the 2015 regulation 90 ill-health conditions”); or

(bb) consideration under paragraph (9), the member satisfies the tier 1 condition in paragraph (2)(a), or that condition and the tier 2 condition in paragraph (3)(a), of 2008 regulation 2.D.8 or the tier 1 condition in paragraph (2)(a), or that condition and the tier 2 condition in paragraph (3)(a), of 2008 regulation 3.D.7 and also satisfies one or both of the 2015 regulation 90 ill-health conditions; and

(ii) the annual rate of ill-health pension to which the member would have been entitled under 1995 regulation E2A, 2008 regulation 2.D.8 or 2008 regulation 3.D.7 if the member had retired from pensionable employment or ceased NHS employment on 31st March 2022 is, subject to paragraphs (11) and (12), greater than the annual rate of ill-health pension to which the member is entitled under paragraph (3)(a) or (4) of regulation 28 (ill health benefits: members below old scheme normal pension age) as at the date the member ceased NHS employment for the purposes of the 2015 Regulations (“the pension comparison calculation”);

(d) regulation 28(3) or (4) if—

(i) sub-paragraph (c)(i)(aa) or (bb) applies to the member; and

(ii) the annual rate of ill-health pension payable to the member under regulation 28(3)(a) or (4) is greater than the annual rate of ill-health pension to which the member would have been entitled under 1995 regulation E2A, 2008 regulation 2.D.8 or 2008 regulation 3.D.7, as determined in accordance with the pension comparison calculation, if the member had retired from pensionable employment or ceased NHS employment on 31st March 2022.

(11) If the member was in pensionable employment in the 1995 Section on 31st March 2022, for the purposes of the pension comparison calculation, the pensions (“P”) under—

(a) 1995 regulation E2A; and

(b) regulation 28(3)(a)(ii),

are each increased by the amount found by applying the formula—

3 x P/12

(12) If the member was an active member of the 2008 Section on 31st March 2022 who is entitled to a lump sum (“LS”) under regulation 28(3)(b)(ii) or (iii), for the purposes of the pension comparison calculation, the pensions under—

(a) 2008 regulation 2.D.8 or 2008 regulation 3.D.7; and

(b) regulation 28(3)(a)(ii),

are each increased by the amount found by applying the formula—

LS/12

(13) Where this paragraph applies to the member (see paragraph (10)(a)), the annual rate of ill-health pension and the lump sum payable from the new scheme is equal to—

(a) either—

(i) if the member satisfies the tier 1 condition in paragraph (2)(b)(i), but not the tier 2 condition in paragraph (2)(b)(ii), of 1995 regulation E2A, the tier 1 ill-health pension the member would have been entitled to under that regulation if the member had retired from pensionable employment on 31st March 2022; or

(ii) if the member satisfies the tier 2 condition in paragraph (2)(b)(ii) of 1995 regulation E2A, the tier 2 ill-health pension the member would have been entitled to under that regulation if the member had retired from pensionable employment on 31st March 2022; and

(b) the lump sum to which the member would have been entitled under regulation E6 (lump sum on retirement) of the 1995 Regulations(1) as a consequence of becoming entitled to the payment of one of those pensions.

(14) Where this paragraph applies to the member (see paragraph (10)(b)), the annual rate of ill-health pension and the lump sum payable from the new scheme is equal to—

(a) if the member satisfies the tier 1 condition in paragraph (2)(a), but not the tier 2 condition in paragraph (3)(a), of 2008 regulation 2.D.8 or the tier 1 condition in paragraph (2)(a), but not the tier 2 condition in paragraph (3)(a), of 2008 regulation 3.D.7, the tier 1 ill-health pension the member would have been entitled to under whichever of those regulations applies to the member if the member had ceased to be employed in NHS employment on 31st March 2022; or

(b) if the member satisfies the tier 2 condition in paragraph (3)(a) of 2008 regulation 2.D.8 or paragraph (3)(a) of 2008 regulation 3.D.7, the tier 2 ill-health pension the member would have been entitled to under whichever of those regulations applies to the member if the member had ceased to be employed in NHS employment on 31st March 2022.

(15) On the payment of a pension to a member in accordance with paragraph (13) or (14), all rights in respect of that member under the old scheme are extinguished.

(16) Where this paragraph applies to the member (see paragraph (10)(c))—

(a) the annual rate of ill-health pension payable from the new scheme under regulation 28 is increased by an amount equal to the difference between the annual rate of the member’s ill-health pension under 1995 regulation E2A, 2008 regulation 2.D.8 or 2008 regulation 3.D.7 and the annual rate of the member’s ill-health pension under regulation 28(3)(a) or (4), determined in accordance with the pension comparison calculation; and

(b) that increase is applied to the member’s ill-health pension under regulation 28 after the calculation of the Tier 2 addition (if any) in accordance with paragraph (4)(b) of that regulation.

(17) Paragraphs (18) and (19) apply if a member receiving an ill-health pension under paragraph (10)(a) or (b) dies (“the deceased member”).

(18) If a surviving adult dependant of the deceased member is entitled to a pension in accordance with regulation 116 (amount of pension: survivor of pensioner member) of the 2015 Regulations, the annual rate of the adult survivor pension payable under paragraph (4)(a) of that regulation is—

(a) 50% of the pension to which the member was entitled at the date of death (disregarding any additional pension) if the member was receiving a pension under paragraph (10)(a) of this regulation on that date; and

(b) 37.5% of the pension to which the member was entitled at the date of death (disregarding any additional pension) if the member was receiving a pension under paragraph (10)(b) of this regulation on that date.

(19) If a child’s pension becomes payable in respect of an eligible child of the deceased member in accordance with regulation 124 (amount of child pension: deceased pensioner member) of the 2015 Regulations, the basic death pension for the purposes of paragraph (3)(a)(2) of that regulation is—

(a) 100% of the pension to which the member was entitled at the date of death (disregarding any additional pension) if the member was receiving a pension under paragraph (10)(a) of this regulation on that date; and

(b) 75% of the pension to which the member was entitled at the date of death (disregarding any additional pension) if the member was receiving a pension under paragraph (10)(b) of this regulation on that date.

(20) For the purposes of the 2015 Regulations—

(a) a member’s pension entitlement under the new scheme that is equivalent to entitlement to one of the following pensions is treated as if it were entitlement to an ill-health pension at Tier 1 under 2015 regulation 90—

(i) a tier 1 pension under 1995 regulation E2A referred to in paragraph (13)(a)(i);

(ii) a tier 1 pension under 2008 regulation 2.D.8 or 2008 regulation 3.D.7 referred to in paragraph (14)(a);

(b) a member’s pension entitlement under the new scheme that is equivalent to entitlement to one of the following pensions is treated as if it were entitlement to an ill-health pension at Tier 2 under 2015 regulation 90—

(i) a tier 2 pension under 1995 regulation E2A referred to in paragraph (13)(a)(ii);

(ii) a tier 2 pension under 2008 regulation 2.D.8 or 2008 regulation 3.D.7 referred to in paragraph (14)(b);

(iii) a pension under regulation 28 that is increased in accordance with paragraph (16) by an amount equal to the difference between the annual rate of the ill-health pension payable under regulation 28(3)(a) and the annual rate of the member’s tier 2 ill-health pension under 1995 regulation E2A, 2008 regulation 2.D.8 or 2008 regulation 3.D.7 as determined in accordance with the pension comparison calculation.

(21) In this regulation—

“1995 regulation E2A” means regulation E2A of the 1995 Regulations;

“2008 regulation 2.D.8” means regulation 2.D.8 of the 2008 Regulations;

“2008 regulation 3.D.7” means regulation 3.D.7 of the 2008 Regulations;

“2015 regulation 90” means regulation 90 of the 2015 Regulations;

“the 2015 regulation 90 ill-health conditions” has the meaning given in paragraph (10)(c)(i)(aa);

“the application period” has the meaning given in paragraph (2);

“the deceased member” has the meaning given in paragraph (17);

“the member’s application for ill-health pension” has the meaning [F23 given] in paragraph (1)(c) [F24 or (1A)(d) (whichever is relevant)];

“the pension comparison calculation” has the meaning given in paragraph (10)(c)(ii) [F25 ;]]

[F26 “the transition date” means 1st April 2022.]

Textual Amendments

F1 Words in reg. 27(1) inserted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(2)(a)

F2 Words in reg. 27(1) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(i)

F3 Words in reg. 27(1)(a) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(ii)(aa)

F4 Words in reg. 27(1)(a) substituted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(2)(b)

F5 Word in reg. 27(1)(a)(i) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(ii)(bb)

F6 Word in reg. 27(1)(a)(i) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(ii)(bb)

F7 Reg. 27(1)(a)(i)(aa)(bb) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(ii)(bb)

F8 Words in reg. 27(1)(a)(ii) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(ii)(cc)

F9 Word in reg. 27(1)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(iii)(aa)

F10 Words in reg. 27(1)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(iii)(bb)

F11 Words in reg. 27(1)(c) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(iv)(aa)

F12 Words in reg. 27(1)(c) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(a)(iv)(bb)

F13 Reg. 27(1A) inserted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(3)

F14 Words in reg. 27(2) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(b)(i)

F15 Words in reg. 27(2) substituted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(4)

F16 Word in reg. 27(2)(b) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(b)(ii)(aa)

F17 Words in reg. 27(2)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(b)(ii)(bb)

F18 Words in reg. 27(3) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(c)(i)

F19 Reg. 27(3)(a)(iii) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(c)(ii)

F20 Word in reg. 27(3)(b) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(c)(iii)

F21 Reg. 27(4)-(6) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(d)

F22 Reg. 27(7)-(21) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(6)(e)

F23 Word in reg. 27(21) substituted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(5)(a)(i)

F24 Words in reg. 27(21) inserted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(5)(a)(ii)

F25 Reg. 27(21): semicolon substituted for full stop (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(5)(b)

F26 Words in reg. 27(21) inserted (1.10.2023) by The National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985), reg. 1(2), Sch. 2 para. 3(5)(c)

Commencement Information

I1 Reg. 27 in force at 1.4.2015, see reg. 1(b)

Ill health benefits : members below old scheme normal pension age E+W

28.—(1) This regulation applies in relation to a transition member who—

(a) becomes entitled to an ill-health pension under the new scheme; and

(b) has not reached the old scheme normal pension age.

(2) If this regulation applies—

(a) an ill-health pension and lump sum are not payable under the old scheme;

(b) an ill-health pension is payable under the new scheme in accordance with this regulation;

(c) the member becomes a deferred member of the old scheme (but no entitlement to a pension arises under—

(i) regulation L1(3) of the 1995 Regulations; or

(ii) regulations 2.D.4, 2.D.10, 3.D.4 and 3.D.9 of the 2008 Regulations,

by virtue of becoming a deferred member pursuant to this regulation).

(3) If the member meets the Tier 1 conditions set out in regulation 90 (entitlement to ill-health pension) of the 2015 Regulations—

(a) the annual rate of ill-health pension payable under the new scheme is the sum of—

(i) the annual rate of a Tier 1 ill-health pension payable under the new scheme; and

(ii) the annual rate of earned pension that would, if the member was entitled to payment of an ill-health pension under the old scheme, be payable to the member at the old scheme normal pension age; and

(b) the member is entitled to payment of a lump sum of the amount of the lump sum (if any) that would, had the member been entitled to payment of an ill-health pension under the old scheme, be payable to the member under—

(i) regulation E6 (lump sum on retirement) of the 1995 Regulations;

(ii) regulation 2.K.12 (amount of pension and lump sum to be paid to a 2008 Section Optant) of the 2008 Regulations; or

(iii) regulation 3.K.11 (amount of pension and lump sum to be paid to a 2008 Section Optant) of the 2008 Regulations.

(4) If the member meets the Tier 2 conditions set out in regulation 90 (entitlement to ill-health pension) of the 2015 Regulations, the annual rate of ill-health pension and lump sum payable under the new scheme is the sum of—

(a) the amounts specified at paragraph (3); and

(b) the annual rate of a Tier 2 addition payable under the new scheme.

(5) If, after the ill-health pension becomes payable under this regulation, a transfer payment is made from the old scheme in respect of the member’s rights under that scheme, the scheme manager must deduct from the amount of ill-health pension payable under this regulation in respect of service in the old scheme an amount which is equal to the value of the pension and lump sum represented by that transfer payment.

(6) The amount of pension payable under this regulation which represents the amount that would have been payable under the old scheme is subject to the same conditions, and ceases to be payable in the same circumstances, as the pension to which the member would have been entitled under the old scheme in accordance with whichever of the 1995 Regulations or the 2008 Regulations are applicable.

[F27 (6A) Paragraphs (6B) and (6C) apply if a member receiving an ill-health pension under this regulation dies before reaching the old scheme normal pension age.

(6B) If a surviving adult dependant of the member is entitled to a pension in accordance with regulation 116 (amount of pension: survivor of pensioner member) of the 2015 Regulations the annual rate of the adult survivor pension payable under paragraph (4)(a) of that regulation is F28 ...—

[F29 (a) if the member was in pensionable employment in the 1995 Section before becoming an active member of the new scheme, the sum of—

(i) 33.75% of the pension to which the member was entitled at the date of death (disregarding any additional pension) under the new scheme;

(ii) 16.25% of the amount (if any) by which that pension has been increased in accordance with regulation 27(16); and

(iii) 16.25% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation; or

(b) if the member was an active member of the 2008 Section before becoming an active member of the new scheme, the sum of—

(i) 33.75% of the pension to which the member was entitled at the date of death (disregarding any additional pension) under the new scheme;

(ii) 3.75% of the amount (if any) by which that pension has been increased in accordance with regulation 27(16); and

(iii) 3.75% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation.]

(6C) If a child’s pension becomes payable in respect of an eligible child of the member in accordance with regulation 124 (amount of child pension: deceased pensioner member) of the 2015 Regulations the basic death pension for the purposes of paragraph (3)(a) of that regulation is F30 ...—

[F31 (a) if the member was in pensionable employment in the 1995 Section before becoming an active member of the new scheme, the sum of—

(i) 67.5% of the deceased member’s annual pension (disregarding any additional pension) under the new scheme;

(ii) 32.5% of the amount (if any) by which that pension has been increased in accordance with regulation 27(16); and

(iii) 32.5% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation; or

(b) if the member was an active member of the 2008 Section before becoming an active member of the new scheme, the sum of—

(i) 67.5% of the deceased member’s annual pension (disregarding any additional pension) under the new scheme;

(ii) 7.5% of the amount (if any) by which that pension has been increased in accordance with regulation 27(16); and

(iii) 7.5% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation.]]

(7) In this regulation and regulation 29—

(a) a reference to the annual rate of earned pension payable under the old scheme means the annual pension payable under the following provisions—

(i) if the member was an active member of the 1995 Section before becoming an active member of the new scheme, regulation E1 of that Section;

(ii) if the member was an active member of the 2008 Section before becoming an active member of the new scheme, regulation 2.D.1 or 3.D.1 of that Section;

(b) a reference to an ill-health pension payable under the old scheme means a pension payable under the following provisions—

(i) if the member was an active member of the 1995 Section before becoming an active member of the new scheme, regulation E2A of that Section;

(ii) if the member was an active member of the 2008 Section before becoming an active member of the new scheme, regulation 2.D.8 or 3.D.7 of that Section;

(c) a reference to an ill-health pension payable under the new scheme means an ill-health pension payable under regulation 90 of the 2015 Regulations;

(d) a reference to the old scheme normal pension age means—

(i) as regards the 1995 Section, normal benefit age under the 1995 Regulations; or

(ii) as regards the 2008 Section, the age specified in regulation 2.D.1 or 3.D.1 (normal retirement pensions) of the 2008 Regulations.

Textual Amendments

F27 Reg. 28(6A)-(6C) inserted (with effect from 1.4.2015) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 1(2)(a), 52

F28 Words in reg. 28(6B) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(7)(a)(i)

F29 Reg. 28(6B)(a)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(7)(a)(ii)

F30 Words in reg. 28(6C) omitted (1.4.2022) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(7)(b)(i)

F31 Reg. 28(6C)(a)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(7)(b)(ii)

Commencement Information

I2 Reg. 28 in force at 1.4.2015, see reg. 1(b)

Ill health benefits : members above old scheme normal pension age E+W

29.—(1) This regulation applies in relation to a transition member who is receiving payment of an ill-health pension in accordance with regulation 28.

(2) When the member reaches the old scheme normal pension age—

(a) the benefits payable under regulation 28 in respect of service in the old scheme cease to be payable under the new scheme;

(b) the member becomes entitled to the immediate payment of the annual rate of earned pension payable under the old scheme in accordance with the Regulations of the applicable Section; and

(c) no lump sum is payable to the member under those Regulations.

(3) In calculating the annual rate of earned pension payable under the old scheme for the purposes of paragraph (2)(b), the following are subtracted—

(a) the amount of pension (if any) converted to lump sum under regulation 77 of the 2015 Regulations to the extent that it relates to the pension payable under regulation 28(3)(a)(ii); and

(b) an amount equal to any transfer payment made to another scheme before the member reached the old scheme normal pension age.

(4) Before the amounts in paragraph (3)(a) and (b) are subtracted they must be increased by the amount by which the annual rate of pension of that amount would have been increased under the Pensions (Increase) Act 1971(4) if—

(a) that pension was eligible to be so increased; and

(b) the beginning date for that pension was the date that ill-health pension became payable under the new scheme.

Commencement Information

I3 Reg. 29 in force at 1.4.2015, see reg. 1(b)

Age retirement of mental health officers, nurses, physiotherapists, midwives and health visitors E+W

30.—(1) In regulation R2 of the 1995 Regulations, references to “pensionable employment” in paragraphs (1)(b), (2) and (3)(b) include employment that qualified the 1995 officer transition member for benefits under the 2015 Regulations.

(2) In regulation R3 of the 1995 Regulations, references to—

(a) “pensionable employment” in paragraphs (2), (5)(a) and (9) include employment that qualified the member for benefits under the 2015 Regulations; and

(b) “pensionable service” in paragraph (5)(a) include service that qualified the member for benefits under the 2015 Regulations.

Commencement Information

I4 Reg. 30 in force at 1.4.2015, see reg. 1(b)

Partial Retirement E+W

[F32 31.— (1) Where a transition member or non-pensionable old scheme member elects to claim a specified percentage of that member’s pension pursuant to regulation 84 of the 2015 Regulations, that election is to be treated as also being an option for the purposes of partial retirement pension pursuant to whichever of the following regulations applies to the member—

(a) regulation E5A of the 1995 Regulations (with or without the modifications made in paragraph 12A of Schedule 2); or

(b) regulations 2.D.5 or 3.D.5 of the 2008 Regulations.]

[F33 (2) A transition member or non-pensionable old scheme member does not become entitled to a specified percentage of a pension under regulation 84 of the 2015 Regulations until the member has become entitled to and claimed all the benefits in—

(a) the 1995 Section; or

(b) the 2008 Section.]

[F34 (3) For the purposes of regulation E5A(7) of, and paragraph 12A to Schedule 2 to, the 1995 Regulations, regulation 2.D.5(6) and 3.D.5(5) of the 2008 Regulations and regulation 84(5) of the 2015 Regulations (as the case may be)—

(a) the pension, other than the pension claimed in respect of additional benefits (in the case of regulation E5A of the 1995 Regulations) or additional pension (in the case of regulation 2.D.5 and 3.D.5 of the 2008 Regulations), to which the member becomes entitled as a result of the option or election (before converting pension to lump sum) is not to be less than the amount of pension payable by reference to 20% of the aggregate of the member’s pensionable service under the 1995 Regulations, or the 2008 Regulations (as the case may be), and the 2015 Regulations at the end of the option day; and

(b) taken together with any increase to which the member has become entitled as a result of the option or election, the aggregate of the member’s pension under the 1995 Regulations, or the 2008 Regulations (as the case may be), and the 2015 Regulations is not less than 0.05% of the member’s [F35 lump sum and death benefit allowance] on the option day.]

Textual Amendments

F32 Reg. 31(1) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 32(2)

F33 Reg. 31(2) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 32(3)

F34 Reg. 31(3) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 32(4)

F35 Words in reg. 31(3)(b) substituted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 33

Commencement Information

I5 Reg. 31 in force at 1.4.2015, see reg. 1(b)

Redundancy retirement E+W

32.—(1) This regulation applies where an officer transition member other than one to whom regulation 33 applies—

(a) becomes entitled to payment of a premature retirement pension pursuant to regulation 82 of the 2015 Regulations;

(b) claims that pension; and

(c) is under—

(i) age 60, in the case of a member of the 1995 Section; or

(ii) age 65, in the case of a member of the 2008 Section.

(2) Where this regulation applies, the member also becomes entitled to payment of a pension in respect of relevant pensionable service in the old scheme in consideration of the termination of that member’s employment by reason of redundancy pursuant to regulation —

(a) E3A of the 1995 Regulations(5); or

(b) 2.D.11 of the 2008 Regulations.

(3) In this regulation, “relevant pensionable service” does not include—

(a) service from an employment that commenced when the member was eligible to be an active member of the old scheme and is a continuing employment in respect of which the member has elected to continue to accrue rights pursuant to regulation 100(5) of the 2015 Regulations;

(b) if regulation 100(9) of the 2015 Regulations applies to the member—

(i) service to which Schedule 2 of the 1995 Regulations applies; or

(ii) service to which Part 3 of the 2008 Regulations applies.

Commencement Information

I6 Reg. 32 in force at 1.4.2015, see reg. 1(b)

Premature retirement : special classes E+W

33.—(1) This regulation applies where a 1995 officer transition member to whom regulation R2 or R3 of the 1995 Regulations applies in respect of service in that Section—

(a) becomes entitled to payment of a premature retirement pension—

(i) pursuant to regulation 81 of the 2015 Regulations; or

(ii) on grounds of redundancy pursuant to regulation 82 of the 2015 Regulations; and

(b) claims that pension.

(2) Where this regulation applies, for the purposes of regulation E3C(2) and (3) of the 1995 Regulations(6)—

(a) the member is to be treated as having claimed payment of a pension under regulation E1 of those Regulations; and

(b) in the case of a member to whom regulation R2(4)(b) of the 1995 Regulations applies, is also entitled to a pension under regulation E5 of the 1995 Regulations if that member makes a claim for it.

Commencement Information

I7 Reg. 33 in force at 1.4.2015, see reg. 1(b)

Redundancy retirement : additional contribution option does not apply E+W

34.—(1) Where for the purposes of regulation 82(2)(f) of the 2015 Regulations an officer transition member’s employing authority has provided confirmation in a written notice that the additional contribution option does not apply—

(a) the additional contribution option does not apply for the purposes of benefits payable under the old scheme; and

(b) the member’s employing authority must make a contribution to the Secretary of State in respect of the full cost of—

(i) the old scheme benefits in accordance with regulation —

(aa) D2 of the 1995 Regulations; or

(bb) 2.C.6 of the 2008 Regulations; and

(ii) the new scheme benefits under regulation 35(4)(a)(i) of the 2015 Regulations.

Commencement Information

I8 Reg. 34 in force at 1.4.2015, see reg. 1(b)

Redundancy retirement : additional contribution option applies E+W

35.—(1) Where for the purposes of regulation 82(2)(f) of the 2015 Regulations an officer transition member’s employing authority has provided confirmation in a written notice that the additional contribution option applies—

(a) the additional contribution option also applies for the purposes of benefits payable under the old scheme; and

(b) paragraph (2) applies to determine the relevant amount for the purposes of regulation —

(i) D2(3A) of the 1995 Regulations(7);

(ii) 2.C.6(2A) of the 2008 Regulations(8); and

(iii) 35(2) of the 2015 Regulations.

(2) The relevant amount is the lesser of—

(a) the aggregate of the amounts which it is determined that the employing authority is required to pay in order to meet the cost of paying the pension under—

(i) regulation—

(aa) E3A of the 1995 Regulations; or

(bb) 2.D.11 of the 2008 Regulations; and

(ii) regulation 82 of the 2015 Regulations;

(b) the amount the employing authority would otherwise be required to pay to the member in consequence of the member’s redundancy.

(3) Where the relevant amount is the amount at paragraph (2)(b), that amount must first be applied for the purposes of meeting the costs of paying the member’s benefits under the old scheme.

(4) Where—

(a) the member makes an additional contribution for the purposes of regulation—

(i) D1A of the 1995 Regulations(9);

(ii) 2.C.4A of the 2008 Regulations(10); or

(iii) 32 of the 2015 Regulations; and

(b) the relevant amount paid by the member’s employing authority is not sufficient to meet the costs of paying the old scheme benefits,

the member’s additional contribution must first be applied for the purposes of meeting the costs of paying the member’s benefits under the old scheme.

Commencement Information

I9 Reg. 35 in force at 1.4.2015, see reg. 1(b)

Interests of efficiency of the service E+W

36.  Where an officer transition member other than one entitled to a pension pursuant to regulation R2 or R3 of the 1995 Regulations in respect of service in that Section becomes entitled to payment of a premature retirement pension pursuant to regulation 81 of the 2015 Regulations and claims that pension—

(a) the member at the same time becomes eligible to a pension under whichever of regulations E3A of the 1995 Regulations or 2.D.11 of the 2008 Regulations applies to the member in relation to the termination of that member’s employment in the interests of efficiency of the service in which the member is employed; and

(b) the member’s employing authority must make a contribution to the Secretary of State in respect of the cost of that pension in accordance with regulation D2 of the 1995 Regulations or 2.C.6 of the 2008 Regulations.

Commencement Information

I10 Reg. 36 in force at 1.4.2015, see reg. 1(b)

Variations to lump sums for 1995 and 2008 pensioners joining new scheme [F36 (other than pensioners who have taken a partial retirement pension)] E+W

37.—(1) This regulation applies to persons falling in Groups 1 to 4 [F37 , 6 [F38 , 7, 9 and 10]] in the table at paragraph 1 of Schedule 1 and Groups 1 to 4 [F39 , 6 and 7] in the table at paragraph 2 of Schedule 1 [F40 other than persons who have taken a partial retirement pension.].

(2) Where this regulation applies, a lump sum equal to five times the rate of the relevant pension is to be paid in place of the lump sum payable to active members under regulation 112(a) and paragraph 2 of Schedule 14 to the 2015 Regulations.

[F41 (3) In this regulation—

“partial retirement pension” means a pension under—

(a)

regulation E5A of the 1995 Regulations;

(b)

regulation 2.D.5 or 3.D.5 of the 2008 Regulations; or

(c)

regulation 84 of the 2015 Regulations; and

“the relevant pension” means where the member has not taken partial retirement from the new scheme pursuant to regulation 84 of the 2015 Regulations, an amount equal to—

(a)

if the member dies before reaching normal pension age in the new scheme, a tier 2 IHP within the meaning of regulation 90(1)(b) of the 2015 Regulations; or

(b)

if the member dies on or after reaching normal pension age in the new scheme, a pension under regulation 73 of the 2015 Regulations.]

Textual Amendments

F36 Words in reg. 37 heading added (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 33(2)

F37 Words in reg. 37(1) substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(8)(a)

F38 Words in reg. 37(1) substituted (1.4.2023) by The National Health Service Pension Schemes (Amendment) Regulations 2023 (S.I. 2023/301), regs. 1(2), 21

F39 Words in reg. 37(1) inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(8)(b)

F40 Words in reg. 37(1) added (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 33(3)

F41 Reg. 37(3) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 33(4)

Commencement Information

I11 Reg. 37 in force at 1.4.2015, see reg. 1(b)

[F42 Variations to lump sums for 1995 and 2008 pensioners joining new scheme (pensioners who have taken a partial retirement pension) E+W

37A— (1) This regulation applies to persons falling in Groups 1 to 4, 6, 7, 9 and 10 in the table at paragraph 1 of Schedule 1 and Groups 1 to 4, 6 and 7 in the table at paragraph 2 of Schedule 1 who have taken a partial retirement pension.

(2) Where this regulation applies the lump sum payable on the death of an active member in place of any lump sum otherwise payable in respect of that member under regulation 112(a) of the 2015 Regulations and regulation 2.E.19(2)(a) or regulation 3.D.19(2)(a) of the 2008 Regulations are the lump sums found under—

(a) paragraph (3) if the member [F43 is not a non-pensionable old scheme member and] has taken an old scheme partial retirement pension but has not taken a new scheme partial retirement pension; F44 ...

[F45 (aa) paragraph (3A) if the member is a non-pensionable old scheme member and has taken an old scheme partial retirement pension but has not taken a new scheme partial retirement pension;]

(b) paragraph (4), if the member has taken a new scheme partial retirement pension.

(3) Where paragraph (2)(a) applies, the lump sum is an amount equal to the appropriate fraction of an amount that is the better of—

(a) twice the member’s relevant earnings calculated in accordance with paragraph 7(2)(a)(i) of Schedule 14 to the 2015 Regulations (death of a partial retirement pensioner); and

(b) twice the member’s re-valued pensionable earnings for the scheme year falling in the earnings reference period which has the largest re-valued pensionable earnings calculated in accordance with paragraph 7(2)(a)(ii) of Schedule 14 (lump sum on death) to the 2015 Regulations that Schedule.

[F46 (3A) Where paragraph (2)(aa) applies, the lump sum is an amount equal to the appropriate fraction of either—

(a) the lump sum on death found in column 2 of Part 1 of Table 2 (non-pensionable old scheme member entitlements) in regulation 40(1A)(death in service) if the member is a non-pensionable 1995 Section member; or

(b) the lump sum on death found in column 2 of Part 2 of that Table if the member is a non-pensionable 2008 Section member.]

(4) Where paragraph (2)(b) applies, the lump sum is an amount determined by the scheme manager after taking advice from the scheme actuary.

(5) In this regulation—

“appropriate fraction” means—

DPS / TDPS

where—

• DPS is, where the member continues in pensionable service as an active member of the 2015 Scheme on the option day (or the last such option day if the option has been exercised more than once), the total number of days of pensionable service in that Scheme and this Section of the scheme which do not relate to the specified percentage of pension at the option day; and

• TDPS is the aggregate of DPS and the total number of days of pensionable service (at the option day or the last such option day if the option has been exercised more than once) which relate to the specified percentage of pension payable;

“old scheme partial retirement pension” means a pension under—

(a)

regulation E5A of the 1995 Regulations; or

(b)

regulation 2.D.5 or 3.D.5 of the 2008 Regulations (whichever applies);

“option day” has the meaning given in—

(a)

paragraph (11) of regulation E5A of the 1995 Regulations in the case of a member who has taken a partial retirement pension under that regulation;

(b)

paragraph (8) of regulation 2.D.5 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation; and

(c)

paragraph (7)(b)(ii) of regulation 3.D.5 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation; and

“specified percentage of pension” has the meaning given in—

(a)

paragraph (4) of regulation E5A of the 1995 Regulations in the case of a member who has taken a partial retirement pension under that regulation;

(b)

paragraph (4) of regulation 2.D.5 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation; and

(c)

paragraph (3) of regulation 3.D.5 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation.]

Textual Amendments

F42 Reg. 37A inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 34(1)

F43 Words in reg. 37A(2)(a) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 34(2)(a)

F44 Word in reg. 37A(2)(a) omitted (1.4.2024) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 34(2)(a)

F45 Reg. 37A(2)(aa) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 34(2)(b)

F46 Reg. 37A(3A) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 34(3)

Abatement E+W

38.—(1) This regulation applies to an officer transition member who is—

(a) a pensioner member of the new scheme to whom regulation 101(1) of the 2015 Regulations applies in respect of a pension under regulation 81 of those Regulations; and

(b) a pensioner member of—

(i) the 1995 Section to whom regulation S2 of the 1995 Regulations applies in respect of a relevant pension referred to at paragraph (1A)(b)(ii) of that regulation(11); or

(ii) the 2008 Section to whom regulation 2.H.1 applies in respect of a pension referred to at paragraph (1)(c)(iii) of that regulation.

(2) In respect of a member to whom paragraph (1)(b)(i) applies, for the purposes of—

(a) establishing whether the pensioner’s relevant income for a scheme year exceeds their previous earnings for the purposes of regulation 103 of the 2015 Regulations; and

(b) finding amount B in paragraph (3D) of regulation S2 of the 1995 Regulations(12),

the enhancement amount for the purposes of regulation 104(2) of the 2015 Regulations is the aggregate of the amounts found under that regulation and amount B found under regulation S2(3D) of the 1995 Regulations.

(3) For the purposes of paragraph (2), the amount B found under regulation S2(3D) of the 1995 Regulations is the aggregate of the amount found under that paragraph and the amount found under regulation 104(2) of the 2015 Regulations.

(4) Where the pensioner’s relevant income exceeds their previous pay or earnings, the amount of any reduction that is to apply to the pensions payable under each of the 1995 Regulations and 2015 Regulations is equal to the same proportion of the excess as the amount of pension for the scheme year before the reduction bears to the sum of those pensions for that year before the reduction.

(5) For the purposes of paragraph (4), the excess in the 1995 Section is equal to amount B found under regulation S2(3D) of the 1995 Regulations.

(6) In respect of a member to whom paragraph (1)(b)(ii) applies, for the purposes of—

(a) establishing whether the pensioner’s relevant income for a scheme year exceeds their previous earnings for the purposes of regulation 103 of the 2015 Regulations; and

(b) establishing whether the pensioner’s relevant income for a financial year exceeds their previous pay for the purposes of regulation 2.H.3 of the 2008 Regulations,

the enhancement amount for the purposes of regulation 2.H.4(2) of the 2008 Regulations and regulation 104(2) of the 2015 Regulations is the aggregate of the amounts found under each of those regulations.

(7) Where the pensioner’s relevant income exceeds their previous pay or earnings, the amount of any reduction that is to apply to the pensions payable under each of the 2008 Regulations and 2015 Regulations is equal to the same proportion of the excess as the amount of pension for the scheme year before the reduction bears to the sum of those pensions for that year before the reduction.

Commencement Information

I12 Reg. 38 in force at 1.4.2015, see reg. 1(b)

Abatement : special classes E+W

F47 39.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47 Reg. 39 omitted (1.4.2024) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 35

(1)

Paragraphs (1A) to (1L) in each regulation are inserted by paragraphs 11 and 17 of Schedule 2 respectively.

(2)

1995 c.26. Section 50 was substituted by section 273 of the Pensions Act 2004 (c.35) and amended by sections 16(1) to (6) of the Pensions Act 2007 (c.22).

(3)

1993 c.48.

(4)

1971 c.56.

(5)

Regulation E3A was inserted by S.I. 2006/2919 and amended by S.I. 2013/413 and 2014/570.

(6)

Regulation E3C was inserted by S.I. 2006/2919.

(7)

Paragraph (3A) is inserted by S.I. 2015/96.

(8)

Paragraph (2A) is inserted by S.I. 2015/96.

(9)

Regulation D1A is inserted by S.I. 2015/96.

(10)

Regulation 2.C.4A was inserted by S.I. 2015/96.

(11)

Paragraph (1A) was inserted by S.I. 2008/654 and amended by S.I. 2011/2586.

(12)

Paragraph (3D) was inserted by S.I. 2008/654.