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Regulation 3 Making and acceptance of electionsI1

England and Wales

(1)

Subject to paragraph (3), a person in pensionable employment may elect to pay contributions under these Regulations for one or both of the following purposes—

(a)

for investment under regulation 7(1) to provide F1one or more of the benefits referred to in regulation 11; or

(b)

in accordance with regulation 7(2) to provide for a lump sum death benefit.

F2...

(2)

An election under under paragraph (1) may relate to contributions to be paid by, or on behalf of, the contributor, or contributions to be paid by the contributor’s employer, or both.

(3)

If the person making an election—

(a)

under paragraph (1)(b) is on leave of absence from his employment due to ill health on the date on which the notice of such an election is received by the Secretary of State; F3...

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

such an election shall not have effect.

(4)

An election under paragraph (1) shall be made by giving written notice to the Secretary of State which shall specify—

(a)

whether the election is with a view to investment under regulation 7(1) of regulation 7(2), or both;

(b)

the amount of contributions; and

(c)

in relation to contributions for the purpose of investment under regulation 7(1), the authorised fund or funds in which the contributions are to be invested.

(5)

The Secretary of State shall not accept an election under paragraph (1)—

F5(a)

where any limit imposed by regulation 4(4) would be exceeded; or

(b)

in the case of an election for the purposes of paragraph (1)(b), unless he is satisfied that—

(i)

the person making the election has complied with the requirements of regulation 16(2) (provision of information); and

(ii)

at the time of making an election the person is in good health; and

(iii)

there is not reason why his health should prevent him from making contributions.

(6)

F6In the case of a person whose membership of the NHS Pension Scheme is governed by the 1995 Regulations, subject to paragraph (5)(b) above and regulation 4(4)—

(a)

where contributions are paid for the purposes of paragraph (1)(b)—

(i)

until the contributor reaches his 60th birthday; and

(ii)

on reaching his 60th birthday he continues to be in pensionable employment,

the contributor may elect for further contributions to be paid until he reaches his 61st birthday; and

(b)

a person to whom paragraph (a) above applies may continue to elect annually for further contributions to be paid provided he continues to be in pensionable employment.

F7(6A)

In the case of a person whose membership of the NHS Pension Scheme is governed by the 2008 Regulations, subject to paragraph (5)(b) and regulation 4(4)—

(a)

if contributions are paid for the purposes of paragraph (1)(b)—

(i)

until the contributor reaches their 65th birthday; and

(ii)

on reaching their 65th birthday they continue to be in pensionable employment,

the contributor may elect for further contributions to be paid until they reach their 66th birthday; and

(b)

a person to whom paragraph (a) applies may continue to elect annually for further contributions to be paid provided they continue to be in pensionable employment.

F8(6B)

A person whose membership of the NHS Pension Scheme is governed by the 2015 Regulations and who is in pensionable employment may, upon attaining normal benefit age—

(a)

where contributions have been paid for the purposes of paragraph (1)(b), elect for further contributions to be paid for 12 months beyond the attainment of normal benefit age birthday, and

(b)

continue to elect annually for further contributions to be paid provided that person remains in pensionable employment.

(6C)

Paragraph (6B) is subject to—

(a)

an election referred to in that paragraph being permitted under the arrangement that the person has with an authorised provider;

(b)

paragraph (5)(b);

(c)

regulation 4(4).

(7)

For the purposes of paragraph F9(1), (6), (6A) or (6B) of this regulation, an election shall have effect from the date when it is accepted by the Secretary of State.

(8)

The Secretary of State shall notify in writing the person who has made an election under paragraph (1), of the Secretary of State’s acceptance of that election.

Annotations

Textual amendments

F1

Words in reg. 3(1)(a) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 55(2)(a)

F2

Words in reg. 3(1) omitted (1.4.2015) by virtue of The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 55(2)(b)

F3

Word in reg. 3(3)(a) omitted (1.4.2017) by virtue of The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 1(2)(c), 56

F4

Reg. 3(3)(b) omitted (1.4.2015) by virtue of The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 55(3)

F5

Reg. 3(5)(a) substituted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 101 (with reg. 105)

F6

Words in reg. 3(6) substituted (1.4.2008) by The National Health Service Pension Scheme (Additional Voluntary Contributions) and National Health Service (Injury Benefits and Compensation for Premature Retirement) Amendment Regulations 2008 (S.I. 2008/655), regs. 1(2), 2(4)(c)

F7

Reg. 3(6A) inserted (1.4.2008) by The National Health Service Pension Scheme (Additional Voluntary Contributions) and National Health Service (Injury Benefits and Compensation for Premature Retirement) Amendment Regulations 2008 (S.I. 2008/655), regs. 1(2), 2(4)(d)

F8

Reg. 3(6B)(6C) inserted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 55(4)

F9

Words in reg. 3(7) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 55(5)

Commencement

I1

Reg. 3 in force at 10.4.2000, see reg. 1(2)