Regulation E2C Further employment after a benefit is paid under regulation E2AF1

(1)

This regulation applies to a member who—

(a)

is in receipt of a tier 2 pension under regulation E2A (“the original pension”); and

(b)

enters into further employment.

(2)

Such a member shall be paid a tier 1 pension (“a substitute pension”) in place of the original pension—

(a)

from the next substitute pension payment date following the day on which the member’s annual earnings from further employment (whether in the NHS or otherwise) in any tax year exceed the lower earnings limit for national insurance contributions applicable to that year; or

(b)

in the case of a member who enters into further NHS employment, from the next substitute pension payment date following the first day on which the member is so employed which falls after the anniversary of the member’s entry into the further NHS employment (whether or not that day is part of a continuous period of further NHS employment beginning with the member’s entry into that employment),

if sooner.

(3)

A member who is in receipt of a substitute pension may ask the Secretary of State to consider reinstating the original pension if—

(a)

the member is under normal benefit age;

(b)

the member makes such a request in writing and provides supporting medical evidence to the Secretary of State before the end of the protection period; and

(c)

the member’s further employment is terminated before the end of the protection period.

(4)

If, after considering that evidence, the Secretary of State determines that the member again satisfies a tier 2 condition in respect of the member’s earlier employment, the Secretary of State shall recommence paying, from the day after the date that the further employment is terminated, the original pension in place of the substitute pension.

(5)

A member to whom this regulation applies who is in receipt of a tier 2 pension must—

(a)

notify the Secretary of State immediately and in writing if either of the following apply—

(i)

the member’s annual earnings in any tax year exceed the lower earnings limit for national insurance contributions applicable to that year;

(ii)

the member is engaged in further NHS employment after the end of the protection period in paragraph (6)(b);

(b)

provide any other information in connection with the member’s earnings or further employment requested by the scheme administrator or any other person that the Secretary of State may specify.

(6)

In this regulation “the protection period” means—

(a)

a period of one year beginning with the day on which the member’s annual earnings from further employment that is not NHS employment first exceed the lower earnings limit for national insurance contributions applicable to that year; or

(b)

a period of one year beginning with the first day the member enters into further NHS employment.

Annotations

Textual amendments

F1: 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