{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-1995/regulation-E2A",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-1995/regulation-E2A.json",
  "legislation": "uksi/1995/300",
  "legislation_title": "The National Health Service Pension Scheme Regulations 1995",
  "legislation_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-1995",
  "path": "regulation/E2A",
  "kind": "regulation",
  "number": "E2A",
  "heading": "Ill health pension on early retirement",
  "text": "(1) This regulation applies to a member who—\n(a) retires from pensionable employment on or after 1st April 2008;\n(b) did not submit Form AW33E (or such other form as the Secretary of State accepted) together with supporting medical evidence if not included in the form pursuant to regulation E2 which was received by the Secretary of State before 1st April 2008, and\n(c) is not in receipt of a pension under regulation E2.\n(2) A member to whom this regulation applies who retires from pensionable employment before normal benefit age shall be entitled to a pension under this regulation if—\n(a) the member has at least 2 years qualifying service or qualifies for a pension under regulation E1; and\n(b) the member’s employment is terminated because of physical or mental infirmity as a result of which the member is—\n(i) permanently incapable of efficiently discharging the duties of that employment (the “tier 1 condition”); or\n(ii) permanently incapable of regular employment of like duration (the “tier 2 condition”) in addition to meeting the tier 1 condition.\n(3) Subject to paragraph (4), the pension to which a member is entitled—\n(a) upon satisfaction of the tier 1 condition (“the tier 1 pension”), or\n(b) upon satisfaction of the tier 2 condition in addition to meeting the tier 1 condition (“the tier 2 pension”),\nwill be calculated as described in regulation E1.\n(4) Subject to paragraphs (5) and (6), if the member meets the tier 2 condition in addition to meeting the tier 1 condition, the pensionable service on which the pension is based will be increased by two-thirds of the pensionable service the member could have completed had he stayed in pensionable employment until normal benefit age.\n(5) If the member’s employment is terminated on or before 31st March 2016, the minimum amount by which the member’s pensionable service will be increased under paragraph (4) will be the lesser of—\n(a) 4 years pensionable service; and\n(b) the pensionable service the member could have completed if the member had stayed in pensionable employment until normal benefit age.\n(6) To the extent that any increase under paragraph (4) or (5) would cause a member’s pensionable service to exceed the limit provided for in regulation C2(3) (meaning of pensionable service), the amount of any excess will be reduced accordingly.\n(7) Subject to paragraph (8), where a member becomes entitled to a pension by virtue of meeting the tier 2 condition, the Secretary of State may discharge her liability for that pension by the payment of a lump sum of an amount consistent with—\n(a) the contracting-out requirements; and\n(b) the preservation requirements.\n(8) A lump sum payment under paragraph (7) may be made only if the Secretary of State is satisfied that it is appropriate in all the circumstances having regard to the life expectancy of the member.\n(9) For the purpose of paragraph (8), the Secretary of State may require whatever medical evidence that the Secretary of State considers necessary.\n(10) The amount of the lump sum payable under paragraph (7)—\n(a) will be equal to 5 times the yearly rate of the member’s pension (calculated in accordance with this regulation); and\n(b) shall be payable in addition to the lump sum on retirement payable under regulation E6 (which shall not be subject to any reduction under regulation E6(3)) and the lump sum in place of part of the pension payable under regulation E7.\n(11) The employment of a member to whom a pension is payable under this regulation may be pensionable under this Section of the scheme if he is under age 50—\n(a) on the date the member returns to NHS employment if the member became entitled to receive a pension under a tier 1 condition on the day the member retired from pensionable employment; or\n(b) on the day after the protection period in regulation E2C(6)(b) ends if—\n(i) the member became entitled to receive a pension under a tier 2 condition on the day the member retired from pensionable employment, and\n(ii) the Secretary of State did not discharge her liability for that pension by the payment of a lump sum in accordance with paragraph (7) of this regulation; or\n(c) on the day after the protection period in regulation E2C(6)(b) ends—\n(i) the member became entitled to receive a pension under a tier 2 condition in place of a pension under a tier 1 condition on the date of the Secretary of State’s determination under regulation E2B, and\n(ii) the Secretary of State did not discharge her liability for that pension by the payment of a lump sum in accordance with paragraph (7) of this regulation.\n(12) For the purposes of calculating the amount of the 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 a further lump sum payable under that regulation.\n(13) For the purposes of determining whether a member is permanently incapable of efficiently discharging the duties of the member’s employment under paragraph (2)(b)(i), the Secretary of State shall have regard to the factors in paragraph (15) (no one of which shall be decisive) and disregard the member’s personal preferences for or against engaging in that employment.\n(14) For the purposes of determining whether a member is permanently incapable of regular employment under paragraph (2)(b)(ii), the Secretary of State shall have regard to the factors in paragraph (16) (no one of which shall be decisive) and disregard the factors in paragraph (17).\n(15) The factors to be taken into account for paragraph (13) are—\n(a) whether the member has received appropriate medical treatment in respect of the incapacity;\n(b) the member’s—\n(i) mental capacity; and\n(ii) physical capacity;\n(c) such type and period of rehabilitation which it would be reasonable for the member to undergo in respect of the member’s incapacity, irrespective of whether such rehabilitation is undergone; and\n(d) any other matter which the Secretary of State considers appropriate.\n(16) The factors to be taken into account for paragraph (14) are—\n(a) whether the member has received appropriate medical treatment in respect of the incapacity; and\n(b) such reasonable employment as the member would be capable of engaging in if due regard is given to the member’s—\n(i) mental capacity;\n(ii) physical capacity;\n(iii) previous training; and\n(iv) previous practical, professional and vocational experience,\nirrespective of whether or not such employment is actually available to the member;\n(c) such type and period of rehabilitation which it would be reasonable for the member to undergo in respect of the member’s incapacity (irrespective of whether such rehabilitation is undergone) having regard to the member’s—\n(i) mental capacity, and\n(ii) physical capacity:\n(d) such type and period of training which it would be reasonable for the member to undergo in respect of the member’s incapacity (irrespective of whether such training is undergone) having regard to the member’s—\n(i) mental capacity,\n(ii) physical capacity,\n(iii) previous training, and\n(iv) previous practical, professional and vocational experience, and\n(e) any other matter which the Secretary of State considers appropriate.\n(17) The factors to be disregarded for paragraph (14) are—\n(a) the member’s personal preference for or against engaging in any particular employment; and\n(b) the geographical location of the member.\n(18) For the purpose of this regulation—\n“appropriate medical treatment” means such medical treatment as it would be normal to receive in respect of the incapacity, but does not include any treatment that the Secretary of State considers—\n(a)that it would be reasonable for the member to refuse,\n(b)would provide no benefit to restoring the member’s capacity for—\n(i)efficiently discharging the duties of the member’s employment under paragraph (2)(b)(i), or\n(ii)regular employment of like duration under paragraph (2)(b)(ii),\nbefore the member reaches normal benefit age; and\n(c)that, through no fault on the part of the member, it is not possible for the member to receive before the member reaches normal benefit age;\n“permanently” means the period until normal benefit age; and\n“regular employment of like duration” means—\n(a)in the case of a non-GP provider, such employment as the Secretary of State considers would involve a similar level of engagement to the member’s current pensionable service as a non-GP provider; and\n(b)in all other cases, where prior to retiring from employment that is pensionable the member was employed—\n(i)on a whole-time basis, regular employment on a whole-time basis;\n(ii)on a part-time basis, regular employment on a part-time basis,\nregard being had to the number of hours, half-days and sessions the member worked in that employment..",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Regs. E2A-E2C inserted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 11"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. E2A(7) substituted (6.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(3), 9"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. E2A(11) 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"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1995/300/regulation/E2A",
    "retrieved_at": "2026-10-29T13:17:02.304130+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."
}