Regulation C2 Meaning of “pensionable service"

(1)

In these Regulations, “pensionable service" is service which counts both for the purpose of ascertaining entitlement to benefits under these Regulations and for the purpose of calculating them and means, subject to paragraph (2), the aggregate of the following—

(a)

any period of pensionable employment in respect of which the member contributes to F1this Section of the scheme under regulation D1 (contributions by members);

(b)

any period that was reckonable under the previous regulations as a period of contributing service for the purpose of those regulations;

(c)

any period of contributing service that is reckonable under regulation 3 of the National Health Service (Superannuation) (War Service etc) Regulations 1977 M1 (reckoning war service as contributing service under the principal regulations);

(d)

any period of pensionable service credited to the member under regulation N1(4) (transfers from other pension arrangements) or as a result of a transfer payment to this Section of the scheme under the previous regulations; and

(e)

any period of additional service which the member has purchased under regulation Q1 or under regulations 25 or 26 of the previous regulations.

(2)

A member’s pensionable service does not include—

(a)

any period of employment in respect of which the Secretary of State has paid contributions to another occupational pension scheme in respect of the member;

F2(b)

in the case of a member who has become entitled to a pension (including a preserved pension) any period taken into account—

(i)

in determining the member’s entitlement to the pension in payment or, as the case may be, the preserved pension, or

(ii)

in calculating the amount of that pension,

but, in the case of a member entitled to a pension under regulation E5A (partial retirement pension), subject to paragraph (7);

(c)

any period of employment in respect of a temporary additional session; or

(d)

any period in respect of which the Secretary of State has discharged her liability to provide benefits under regulation K7 (state scheme premiums), L2 (refund of contributions) or M1 (transfers and buy–outs).

F3(e)

in the case of a member who is not a special class officer, any period of pensionable service in excess of 40 years that relates to a period before—

(i)

the member’s 60th birthday; and

(ii)

1st April 2008.

F4(3)

Subject to paragraph (2), the benefits described in these regulations will be calculated by reference to a maximum of—

(a)

45 years pensionable service in the case of a member who is not a special class officer;

(b)

45 years pensionable service (of which only 40 years may relate to the period before the member reaches age 55) in the case of a member who is a special class officer,

and if the member’s pensionable service exceeds these limits, the amount of the excess will be ignored.

(4)

Where the member has pensionable service in excess of the limits described in paragraph (3), the Secretary of State shall select the years by reference to which the benefits are to be calculated and the years selected shall be those which produce the most favourable result to the member.

(5)

If, when a member leaves pensionable employment or dies, a payment is made in respect of leave not taken—

(a)

the member’s pensionable employment will be treated, subject to paragraph (3),as continuing for a period equal to the period of leave for which payment is made; and

(b)

the payment will be treated as the member’s pensionable pay for that period.

(6)

In order to calculate the length of a member’s pensionable service, all periods of pensionable service will be added and each resulting period of 365 days (disregarding pensionable service on 29th February in a leap year) will be treated as one year.

F5(7)

In the case of a member entitled to a pension under regulation E5A (partial retirement pension), paragraph (2)(b) only applies to so much of the member’s pensionable service as is mentioned in regulation E5A(11)(a) (the pension to which the member is immediately entitled as a result of exercising the option and the specified percentage of the pensionable service that pension represents).

Annotations

Textual amendments

F1: Words in reg. C2 inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 1 para. 1
F2: Reg. C2(2)(b) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 5(2)
F3: Reg. C2(2)(e) inserted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 6(2)
F4: Reg. C2(3) substituted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 6(3)
F5: Reg. C2(7) inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 5(3)

Marginal citations

M1: S.I. 1977/1922.