{
  "url": "https://openlegislation.uk/national-health-service-compensation-for-premature-retirement-regulations-2002/regulation-5",
  "json_url": "https://openlegislation.uk/national-health-service-compensation-for-premature-retirement-regulations-2002/regulation-5.json",
  "legislation": "uksi/2002/1311",
  "legislation_title": "The National Health Service (Compensation for Premature Retirement) Regulations 2002",
  "legislation_url": "https://openlegislation.uk/national-health-service-compensation-for-premature-retirement-regulations-2002",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Crediting of additional period of service",
  "text": "(1) Subject to paragraphs (2) and (3), for the purpose of calculating the amount of the annual allowance payable in accordance with regulation 4(2) and, where applicable, the amount of the lump sum payable in accordance with regulation 4(3)—\n(a) where the total amount of—\n(i) an entitled officer’s pensionable service, including any service to which regulation R4(5) of the Pension Scheme Regulations (members doing more than one job) applies; and\n(ii) any relevant optant service,\nis not more than 10 years, the entitled officer shall be credited with an additional period of service equal to the aggregate of such pensionable service and any such relevant optant service; or\n(b) where the total amount of—\n(i) an entitled officer’s pensionable service, including any service to which regulation R4(5) of the Pension Scheme Regulations applies; and\n(ii) any relevant optant service,\nis more than 10 years, the entitled officer shall be credited with an additional period of service of 10 years.\n(2) The period of additional service credited to an entitled officer shall not exceed the amount necessary to make his total pensionable service reach—\n(a) 40 years; or\n(b) the maximum length of pensionable service he would have been able to accrue had he remained in pensionable employment until retirement age,\nwhichever is the lesser.\n(3) In determining the additional period of service to be credited to a mental health officer under paragraphs (1) and (7), no account shall be taken of the provisions in regulation R3(5) of the Pension Scheme Regulations (mental health officer - doubling of pensionable service).\n(4) For the purposes of paragraphs (1) to (3) above—\n(a) “relevant optant service” means—\n(i) service in respect of which an entitled officer was subject to regulation 48 of the National Health Service (Superannuation) Regulations 1980 (persons subject to non-statutory superannuation schemes and arrangements) and which terminated within the 12 months immediately before the beginning of his pensionable service; and\n(ii) in the case of a person who became an officer in the circumstances described in regulation 2(2) of the National Health Service (Superannuation) Regulations 1980 (interpretation), any service accrued in the employment of a local authority by virtue of which he was, immediately before becoming an officer, a member of such a scheme as is referred to in regulation 48 of those Regulations;\n(b) “retirement age” means, in relation to an entitled officer, the age at which, under any written condition of employment, he may be required to retire or, if there is no such condition, the age of 65.\n(5) Where—\n(a) an entitled officer has received—\n(i) a redundancy payment under the Employment Rights Act 1996; or\n(ii) a corresponding payment under the arrangements of the Whitley Councils for the Health Services of Great Britain; or\n(iii) a payment made by virtue of any arrangement made pursuant to paragraph 17(2) of Schedule 2 to the National Health Service and Community Care Act 1990 (National Health Service Trusts—general powers),\nin respect of the cessation of the employment referred to in regulation 3; and\n(b) that payment has not been reduced to take account of any additional period of service with which the officer may have been credited,\nany such additional period of service shall not exceed 6 years and 243 days.\n(6) For the purposes of this regulation, where the pensionable service of an entitled officer consists of or includes pensionable service in part-time employment, such service shall count at its full length.\n(7) Where the pensionable service of an entitled officer includes service in the employment of an employing authority before 4th November 1980, that officer shall be entitled to compensation calculated in accordance with the provisions of regulation 5(1) (persons who became entitled officers between 29th October 1976 and 3rd November 1980) and regulation 5(4) (service before 4th November 1980) of the previous Regulations if such a calculation would place that entitled officer in a better position than he would have been in had the compensation been calculated in accordance with this regulation.\n(8) Where the amount of any benefit to which an entitled officer is or may become entitled under the Pension Scheme Regulations is or may be supplemented under regulation 49 or 50 of the National Health Service (Superannuation) Regulations 1980 (supplementary, or discretionary, payments in respect of certain officers) at the discretion of the Secretary of State, the Secretary of State may in the same manner as under regulation 49 or 50 of those Regulations, make supplementary or discretionary payments to such extent as he considers appropriate in addition to any compensation payable to the entitled officer under these Regulations.\n(9) For the purpose of regulation 6(1), where any part of the pensionable service of an entitled officer to whom there is payable a pension under regulation E3 of the Pension Scheme Regulations is service in part-time employment, the compensation payable in respect of the service credited under this regulation shall not exceed the relevant amount.\n(10) In this regulation—\n“the relevant amount” means the amount which bears the same proportion to the amount which would have been payable had the service not been part-time as the whole-time equivalent of an entitled officer’s pensionable service in respect of part-time employment bears to comparable whole-time employment; and\n“the whole-time equivalent” is calculated using the method described in regulation R5(3) of the Pension Scheme Regulations (part-time employment).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Regulation R4 was amended by S.I. 1998/666."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1980/362 as amended by S.I. 1981/1205, 1982/288, 1765, 1985/39, 1987/2218, 1989/804, and 1991/584. Regulation 48 was revoked with a saving by regulation V2(3)(e) of the National Health Service Pension Scheme Regulations 1995."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Regulation 2(2) was revoked by regulation V2(1) of, and Schedule 3 to, the National Health Service Pension Scheme Regulations 1995."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1996 c. 18."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1990 c. 19."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Regulations 49 and 50 of the National Health Service (Superannuation) Regulations 1980 continue to apply by virtue of a saving in regulation V2(3)(e) of the National Health Service Pension Scheme Regulations 1995."
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "uksi/2006/2919",
      "affecting_title": "The National Health Service (Pension Scheme and Compensation for Premature Retirement) Amendment Regulations 2006"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2002/1311/regulation/5",
    "retrieved_at": "2026-10-29T06:57:29.631996+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}