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(1); 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(2),
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.
Paragraph (1A) was inserted by S.I. 2008/654 and amended by S.I. 2011/2586.
Paragraph (3D) was inserted by S.I. 2008/654.