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The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015
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- UK Statutory Instruments
- 2015 No. 95
- PART 2
- CHAPTER 7
- Regulation 31
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Changes and effects yet to be applied to Regulation 31:
- reg. 10A(1)(a) words inserted by S.I. 2023/952 reg. 27
- reg. 17A inserted by S.I. 2023/952 reg. 31
- reg. 27(1A) inserted by S.I. 2023/985 Sch. 2 para. 3(3)
- reg. 27(21) semicolon substituted for full stop by S.I. 2023/985 Sch. 2 para. 3(5)(b)
- reg. 27(21) word substituted by S.I. 2023/985 Sch. 2 para. 3(5)(a)(i)
- reg. 27(21) words inserted by S.I. 2023/985 Sch. 2 para. 3(5)(a)(ii)
- reg. 27(21) words inserted by S.I. 2023/985 Sch. 2 para. 3(5)(c)
- reg. 31(1) substituted by S.I. 2023/952 reg. 32(2)
- reg. 31(2) substituted by S.I. 2023/952 reg. 32(3)
- reg. 31(3) substituted by S.I. 2023/952 reg. 32(4)
- reg. 31(3)(b) words substituted by S.I. 2024/281 reg. 33
- reg. 37A inserted by S.I. 2023/952 reg. 34(1)
- reg. 37A(2)(a) words inserted by S.I. 2024/281 reg. 34(2)(a)
- reg. 37A(2)(aa) inserted by S.I. 2024/281 reg. 34(2)(b)
- reg. 37A(3A) inserted by S.I. 2024/281 reg. 34(3)
- reg. 40(1A) inserted by S.I. 2023/952 reg. 35(3)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 10A(1)(a) words inserted by S.I. 2023/952 reg. 27
- reg. 17A inserted by S.I. 2023/952 reg. 31
- reg. 27(1A) inserted by S.I. 2023/985 Sch. 2 para. 3(3)
- reg. 27(21) semicolon substituted for full stop by S.I. 2023/985 Sch. 2 para. 3(5)(b)
- reg. 27(21) word substituted by S.I. 2023/985 Sch. 2 para. 3(5)(a)(i)
- reg. 27(21) words inserted by S.I. 2023/985 Sch. 2 para. 3(5)(a)(ii)
- reg. 27(21) words inserted by S.I. 2023/985 Sch. 2 para. 3(5)(c)
- reg. 37A inserted by S.I. 2023/952 reg. 34(1)
- reg. 37A(2)(a) words inserted by S.I. 2024/281 reg. 34(2)(a)
- reg. 37A(2)(aa) inserted by S.I. 2024/281 reg. 34(2)(b)
- reg. 37A(3A) inserted by S.I. 2024/281 reg. 34(3)
- reg. 40(1A) inserted by S.I. 2023/952 reg. 35(3)
Partial RetirementE+W
This section has no associated Explanatory Memorandum
31.—(1) Where a transition 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 regulations 2.D.5 or 3.D.5 applies to the member.
(2) A transition 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 benefits in the 2008 Section.
(3) For the purposes of regulation 2.D.5(6) and 3.D.5(5) of the 2008 Regulations and regulation 84(5) of the 2015 Regulations—
(a)the pension (other than additional pension) 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 2008 Regulations and the 2015 Regulations at the end of the option day; F1...
(b)the percentage of pension (other than additional pension) for which the member does not require immediate payment is not to be less than the amount of the pension payable by reference to 20% of the aggregate of the member’s pensionable service under the 2008 Regulations and the 2015 Regulations at the end of the option day [F2; and
(c)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 2008 Regulations and the 2015 Regulations is not less than 0.05% of the member’s lifetime allowance on the option day.]
Textual Amendments
F1Word in reg. 31(3)(a) omitted (1.4.2015) by virtue of The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 95(1) (with reg. 105)
F2Reg. 31(3)(c) and word added (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 95(2) (with reg. 105)
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