OpenLegislation

Regulation E5A Partial retirement pensionF1C1

(1)

A member who is in pensionable employment F2or who is a non-pensionable 1995 Section member may exercise an option under this regulation if—

(a)

the member—

(i)

has reached normal minimum pension age or, where relevant, protected pension age;

(ii)

has at least two years’ qualifying service; and

(iii)

continues to be in pensionable employment F3for the purposes of the 2015 Scheme or, where the member is in more than one pensionable employment, the member continues to be in at least one of those pensionable employments;

(b)

the terms on which the member holds the pensionable employment or employments referred to in sub-paragraph (a)(iii) change; and

(c)

as a result, the annual rate of the member’s pensionable pay is reduced F4(disregarding any reduction in pensionable pay resulting from the member entering into a salary sacrifice arrangement) to 90% or less of the amount of the member’s pensionable pay during the period of 12 months ending with the option day.

(2)

If the member was not in pensionable employment F5for the purposes of the 2015 Scheme during the whole of the period of 12 months referred to in paragraph 1(c), that paragraph applies as if the member’s pensionable pay during that period were—

  • PP x (365 / N)

    where—

    • PP is the member’s pensionable pay for the part of that period during which the member was in pensionable employment for the purposes of the 2015 Scheme, and

    • N is the number of days in that period on which the member was in pensionable employment for the purposes of the 2015 Scheme.

(3)

The option may only be exercised by notice in writing in such form as the Secretary of State requires and must be accompanied by a statement in writing by the member’s employing authority, or employing authorities, that the conditions in paragraph (1)(b) and (c) are met.

(4)

The option must specify—

(a)

the percentage of the member’s pension (excluding any additional pension) in respect of which the member claims immediate payment (“the specified percentage”);

(b)

whether the pensionable service used to calculate the pension referred to at sub-paragraph (a) is to include additional service (if any) that the member has purchased under regulation Q1 (right to buy additional service); and

(c)

whether the member claims immediate payment of additional pension (if any).

(5)

A member who duly exercises the option under this regulation is entitled—

(a)

in the case of a member who has reached the age of 60, to immediate payment of the specified percentage of the pension to which the member would be entitled under regulation E1 (normal retirement pension) if the member had retired from pensionable employment on the option day (including any additional service specified under paragraph (4)(b) but disregarding any additional pension);

(b)

in the case of a member who has not reached the age of 60, to immediate payment of the specified percentage of the pension to which the member would be entitled under regulation E5 (early retirement pension with actuarial reduction) if the member had retired from pensionable employment on the option day (including any additional service specified under paragraph (4)(b) but disregarding any additional pension);

(c)

in the case of a special class officer who meets the retirement condition in paragraph (12) of this regulation and has reached the age of 55, to immediate payment of the specified percentage of the pension to which the member would be entitled under regulation E1 (normal retirement pension) if the member had retired from pensionable employment on the option day (including any additional service specified under paragraph (4)(b) but disregarding any additional pension); and

(d)

where the option specifies that the member claims immediate payment of additional pension—

(i)

if the option day falls after the member’s chosen birthday, to the immediate payment of the additional pension; and

(ii)

if the option day falls before the member’s chosen birthday, to the immediate payment of the additional pension reduced in accordance with paragraphs (5) and (6) of regulation Q15 (effect of death or early payment of pension after option exercised under regulation Q8, Q10 or Q11).

(6)

If—

(a)

the option specifies that the pensionable service used to calculate the pension referred to at paragraph (5)(a), (b) or (c) is to include additional service that the member has purchased under regulation Q1;

(b)

the member’s method of payment for the additional service is regular additional contributions; and

(c)

the option day falls before the member’s chosen date,

then the proportion of additional service to be included in the pensionable service used to calculate that pension will be reduced in accordance with paragraph (6) of regulation Q7 (part payment for additional service or unreduced retirement sum).

(7)

Subject to paragraph (8), the specified percentage must be such that the pension to which the member becomes entitled as a result of the option (before the exercise of the option under regulation E7 (general option to exchange part of pension for lump sum) and disregarding any additional benefits)—

(a)

is not less than the amount of the pension payable by reference to 20% of the member’s pensionable service at the end of the option day (disregarding any additional benefits); and

(b)

is not less than 0.05% of the member’s F6lump sum and death benefit allowance on the option day.

(8)

Where a member has reached protected pension age but not yet reached normal minimum pension age, the specified percentage must be 100% of the member’s pensionable service at the end of the option day (disregarding any additional benefits).

(9)

Where a pension is payable under paragraph (5)(b), the lump sum payable under regulation E6 (lump sum on retirement) will be reduced in accordance with paragraph (7) of regulation E6.

(10)

The option under this regulation may only be exercised on no more than two occasions and the Secretary of State shall take advice from the Scheme Actuary regarding—

(a)

any benefits to be paid after the exercise of the first option (but before the exercise of the second option);

(b)

any benefits to be paid after the exercise of the second option; and

(c)

the final payment.

(11)

For the purposes of these Regulations, a member who has exercised the option under this regulation—

(a)

is a member to whom a pension has become payable in respect of 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 that pension represents;

(b)

if the member continues as an active member of the 2015 Scheme after the option day, is treated as a member who is in pensionable employment in respect of so much of the member’s pensionable service in this Section of the scheme that does not fall within sub-paragraph (a) (“the unspecified service”); and

(c)

if the member does not continue as an active member of the 2015 Scheme after the option day, is a member with a preserved pension in respect of the unspecified service.

(F711A)

For the purposes of this regulation, in the case of a non-pensionable 1995 Section member, “pensionable pay” means the member’s pensionable earnings for the purposes of the 2015 Scheme.

(12)

In this regulation—

  • “additional benefits” means any additional service specified under paragraph (4)(b) and any additional pension specified under paragraph (4)(c);

  • “chosen birthday” has the meaning given in paragraph (9) of regulation Q8 (option to pay additional periodical contributions to purchase additional pension);

  • “chosen date” has the meaning given in paragraph (3) of regulation Q6 (paying for additional service or unreduced retirement lump sum by regular additional contributions);

  • F8“non-pensionable 1995 Section member” has the same meaning as in regulation 2 of the National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015;

  • “the option day” means the day before the reduction in pensionable pay by virtue of which the option is exercisable takes effect;

  • “the retirement condition” is met if the Secretary of State determines that regulation R2(3)(a) or regulation R3(5) (whichever applies) would have applied to the special class officer if the officer’s pensionable employment had terminated on the option day.

Annotations

Textual amendments

F1

Regs. E5A-E5C inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 6

F2

Words in reg. E5A(1) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 5(2)(a)

F3

Words in reg. E5A(1)(a)(iii) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 5(2)(b)

F4

Words in reg. E5A(1)(c) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 5(2)(c)

F5

Words in reg. E5A(2) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 5(3)

F6

Words in reg. E5A(7)(b) substituted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 5(4)

F7

Reg. E5A(11A) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 5(5)

F8

Words in reg. E5A(12) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 5(6)

Modifications

C1

Reg. E5A(7) modified (1.10.2023) by S.I. 1995/95, reg. 31(3) (as substituted by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 32(4))