# The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000, Regulation 3: Making and acceptance of elections

Extent: E+W

(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 one 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.
...
(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; ...
(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)—
(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) In 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.
(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.
(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 (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.

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Source: https://www.legislation.gov.uk/uksi/2000/619/regulation/3 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-additional-voluntary-contributions-regulations-2000/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.