Regulation E6 Lump sum on retirementC1
Where regulation E2B(3) applies, the lump sum payable shall be equal to the difference between—
three times the yearly rate of pension calculated in accordance with regulation E2A(3)(a), and
three times the yearly rate of pension calculated in accordance with regulation E2B(3)(b).
In the case of a man whose pensionable service started before 25th March 1972 and who is or has been married, the lump sum will be reduced in accordance with whichever of paragraphs (4) to (6) is applicable (except to the extent that the reduction has been offset under regulation Q2 (right to buy unreduced retirement lump sum)).
If the man is married, the reduction will be equal to 2 times the yearly rate of the part of the man’s pension that is based on pensionable service before 25th March 1972.
If the man’s wife died, or the man was divorced from his wife, on or after 25th March 1972, the reduction will be equal to 2 times the yearly rate of the part of the man’s pension that is based on pensionable service before 25th March 1972.
If the man’s wife died, or the man was divorced from his wife, before 25th March 1972, the reduction will be equal to 2 times the yearly rate of the part of the man’s pension that is based on pensionable service up to and including the date of the death or divorce.
In any case where regulation F6E5 (early retirement pension with actuarial reduction) or regulation E5A (partial retirement pension) applies—
the pension referred to in paragraph (2) of this regulation means the pension before any reduction is made under regulation E5(2) F7or regulation E5A(5)(b); and
the lump sum as calculated under paragraph (2) of this regulation will F8, except for any lump sum in respect of service calculated as a result of exercising the right to buy additional service under regulation Q1 or the right to buy an unreduced retirement lump sum under regulation Q2, be reduced by such amount as the Secretary of State, after taking advice from F9the Scheme Actuary, shall determine.
Where a member entitled to a lump sum under this regulation F11attained the age of 75 on or before 5th April 2011—
he shall cease to be entitled to a lump sum; and
shall instead be entitled to have his pension increased by such amount as the Secretary of State may, after taking advice from the scheme actuary, determine.
Annotations
Textual amendments
- F1
Words in reg. E6(1) inserted (6.4.2006) by The National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006 (S.I. 2006/600), regs. 1(2)(b), 9(2)
- F2
Word in reg. E6(1) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 7(2)
- F3
Word in reg. E6(2) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 6(a) (with reg. 89)
- F4
Words in reg. E6(2) substituted (28.11.2011) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2011 (S.I. 2011/2586), regs. 1(2), 6(a)
- F5
Reg. E6(2A) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 6(b) (with reg. 89)
- F6
Words in reg. E6(7) substituted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 7(3)(a)
- F7
Words in reg. E6(7)(a) inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 7(3)(b)
- F8
Words in reg. E6(7)(b) inserted (1.4.2010) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2010 (S.I. 2010/492), regs. 1(2), 7
- F9
Words in reg. E6(7)(b) substituted (14.12.2007) by The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) Amendment Regulations 2007 (S.I. 2007/3280), regs. 1(2), 2(4)
- F10
Reg. E6(8) added (6.4.2006) by The National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006 (S.I. 2006/600), regs. 1(2)(b), 9(3)
- F11
Words in reg. E6(8) substituted (with effect from 6.4.2011) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2011 (S.I. 2011/2586), regs. 1(2)(5), 6(b)