# The National Health Service Pension Scheme Regulations 1995, Regulation E3: Early retirement pension (redundancy etc. additional provisions)


(1) This regulation shall apply to a member—
(a) who—
(i) was in pensionable employment on 1st December 2006, or
(ii) returns to such employment on, or after, that date and who is entitled to a preserved pension under regulation L1, or
(iia) returns to pensionable employment on or after that date that attracts a pension in accordance with regulation E2(11) or E2A(11);
(iii) returns to pensionable employment after that date having had a break in such employment which does not exceed 12 months but includes 1st December 2006 and who is not entitled to a preserved pension under regulation L1, or
(iv) is certified by his employing authority as having a period of continuous employment (determined in accordance with terms and conditions relevant to that employment and as they applied on 1st October 2006);
(b) whose employment is terminated by his employing authority before 1st October 2011; and
(c) who satisfies the conditions specified in paragraph (2).
(2) Those conditions are that—
(a) he has at least 5 years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;
(b) the Secretary of State certifies—
(i) that the member’s employment is terminated by reason of redundancy, or
(ii) with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which he is employed; and
(c) his employing authority does not certify that he has unreasonably refused to seek suitable alternative employment or accept an offer of such employment.
(3) A member who satisfies the conditions in paragraph (2) shall be entitled to a pension calculated as described in regulation E1 (normal retirement pension).
(4) This regulation does not apply to—
(a) practice staff;
(b) practitioners; or
(c) non-GP providers.

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Source: https://www.legislation.gov.uk/uksi/1995/300/regulation/E3 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-1995/regulation-E3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.