Regulation E3A Early retirement pension (termination of employment by employing authority)F1

(1)

This regulation applies to a member—

(a)

whose pensionable employment is terminated by his employing authority; and

(b)

who satisfies the conditions specified in paragraph (2).

(F22)

Those conditions are that—

(a)

the member has 2 years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;

(b)

the member’s employing authority certifies—

(i)

that the member has at least 2 years’ continuous employment determined in accordance with any terms and conditions applying to that employment, and

(ii)

if the member’s employment is terminated by reason of redundancy, the member is entitled to claim a pension under this regulation as an alternative to receiving (in whole or in part) the lump sum payment otherwise payable to the member in accordance with those terms and conditions;

(c)

the member’s employing authority does not certify that the member has unreasonably refused to seek suitable alternative employment or accept an offer of such employment;

(F3ca)

where the member’s employing authority is an Independent Provider, that the Secretary of State has received the additional contributions referred to in regulation D2 in respect of that member;

(F4cb)

where sub-paragraph (b)(ii) applies, the member’s employing authority states whether an additional contribution option applies to the member;

(d)

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 the member is employed; and

(e)

the member makes a claim for the pension referred to in this regulation.

(3)

A claim referred to in paragraph (2)(e) shall be—

(a)

in writing and addressed to the Secretary of State;

(b)

made within 6 months of the employment terminating; and

(c)

contain such information as the Secretary of State may from time to time require.

(4)

A member who satisfies the conditions in paragraph (2) shall be entitled to a pension calculated as described in regulation E1 F5: this is subject to paragraph (4A).

(F64A)

A member who satisfies the conditions in paragraph (2) is not entitled to a pension under this regulation if the Secretary of State, after consultation with the Scheme Actuary, decides that the amount of the pension would be less than the amount of the guaranteed minimum pension to which the member is entitled.

(5)

Where a person who claims a pension under this regulation—

(a)

has received—

(i)

a redundancy payment under the Employment Rights Act 1996,

(ii)

a corresponding payment under the arrangements of the Whitley Councils for the Health Services of Great Britain, or

(iii)

a payment made by virtue of any arrangement made pursuant to paragraph 17(2) of Schedule 2 to the National Health Service and Community Care Act 1990 (National Health Service Trusts – general powers),

in respect of the cessation of the employment; and

(b)

the terms and conditions relevant to the employment require that payment or payments to be reduced to take account of the additional contributions the employing authority must make to the Secretary of State in accordance with regulation D2(3); but

(c)

that payment or payments have not been so reduced,

the pension shall be reduced by an amount equal to the amount of that payment or payments and may be reduced to zero.

(6)

This regulation does not apply to—

(a)

practice staff;

(b)

practitioners; or

(c)

non-GP providers.

Annotations

Textual amendments

F1: Regs. E3-E3D substituted for reg. E3 (1.12.2006) by The National Health Service (Pension Scheme and Compensation for Premature Retirement) Amendment Regulations 2006 (S.I. 2006/2919), regs. 1(2), 2(5)
F2: Reg. E3A(2) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 9
F3: Reg. E3A(2)(ca) inserted (1.4.2014) by The National Health Service Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/570), regs. 1(2), 9 (with reg. 49)
F4: Reg. E3A(2)(cb) inserted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 8(2)
F5: Words in reg. E3A(4) inserted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 8(3)
F6: Reg. E3A(4A) inserted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 8(4)