{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-1995/regulation-E5C",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-1995/regulation-E5C.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/E5C",
  "kind": "regulation",
  "number": "E5C",
  "heading": "Application of regulations E5A and E5B with modifications where concurrent part-time employments held",
  "text": "(1) This regulation provides for the application of regulations E5A and E5B with modifications if a member is in pensionable employment in the 2015 Scheme in two or more part-time employments held concurrently on the option day.\n(2) Those regulations apply in relation to each of the employments as if it were the only employment held by the member on that day, but with the modifications set out in paragraphs (3) to (8).\n(3) In regulation E5A(1), for sub-paragraph (c) substitute—\n“(c) as a result of that change, the sum of the annual rate of the member’s pensionable pay in that employment and every other employment held by the member on the option day is reduced (disregarding any reduction in pensionable pay resulting from the member entering into a salary sacrifice arrangement) to 90% or less of the sum of—\n(i) the member’s pensionable pay in the employment during the period of 12 months ending with the option day; and\n(ii) the member’s pensionable pay during that period in every other employment held by the member on the option day.”.\n(4) In regulation E5A(2)—\n(a) after “paragraph 1(c)”, insert “in the employment or any other employment referred to in that paragraph”; and\n(b) after “that period”, insert “in that employment”.\n(5) In regulation E5B(1), for sub-paragraph (b) substitute—\n“(b) as a result the annual rate of the member’s pensionable pay in that employment is increased (disregarding any increase in pensionable pay resulting from the member leaving a salary sacrifice arrangement) to more than 90% of the sum of—\n(i) the member’s pensionable pay in the employment during the period of 12 months ending with the option day; and\n(ii) the member’s pensionable pay during that period in every other employment held by the member on the option day.”.\n(6) In regulation E5B(3)—\n(a) after “paragraph (1)(b)”, insert “in the employment or any other employment referred to in that paragraph”; and\n(b) after “that period”, insert “in that employment”.\n(7) For regulation E5B(4), after “referred to in paragraph (1)(b)”, insert “for that employment”.\n(8) Where—\n(a) a member’s pension is abated in accordance with regulation E5B(2)(a), in the circumstances described in regulation E5B(1)(b); and\n(b) the member’s pensionable pay does not reduce in the manner described in regulation E5B(1)(c),\nthe pension will (in any event) be payable by the Secretary of State when the member retires, or partially retires again, from pensionable employment or attains the age of 75 and in doing so the Secretary of State shall—\n(i) have regard to any pensions already paid, including any lump sum paid as a result of the member exercising an option under regulation E7 (general option to exchange part of pension for lump sum); and\n(ii) take advice of the Scheme Actuary.\n(9) In this regulation “the option day” has the same meaning as in regulation E5A(12).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. E5C(1) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 7(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. E5C(3) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 7(3)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. E5C(5) inserted (1.4.2024) by The National Health Service Pension Schemes (Amendment) Regulations 2024 (S.I. 2024/281), regs. 1(2), 7(4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1995/300/regulation/E5C",
    "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."
}