# The National Health Service Pension Scheme (Amendment) Regulations 2008, Regulation 10: Amendment of regulation E2

Extent: E+W

(1) Regulation E2 (early retirement pension (ill health)) is amended as follows.
(2) Before paragraph (1) insert—
“(A1) This regulation applies to a member who—
(a) retires from pensionable employment on or after 1st April 2008—
(i) who submitted Form AW33E (or such other form as the Secretary of State accepted) together with supporting medical evidence if not included in the form, and
(ii) that form was received by the Secretary of State before 1st April 2008; or
(b) returns to employment which attracts a pension in accordance with paragraph (11).”.
(3) In paragraph (1) after “A member”, insert “to whom this regulation applies”.
(4) In paragraph (10)(b) after “reduction under regulation E6(3))”, insert “and the lump sum in place of part of pension payable under regulation E7”.
(5) After paragraph (11) insert—
“(12) For the purposes of calculating the amount of lump sum payable under paragraph (10), the member will be treated as if the member had made an election under regulation E7 to receive the maximum amount of further lump sum payable under that regulation.”.

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Source: https://www.legislation.gov.uk/uksi/2008/654/regulation/10 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-amendment-regulations-2008/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.