Regulation K1 Contracting-out conditions to be overridingF1
F2This Section of the Scheme will be administered in conformity with the contracting-out conditions and, with the exception of the circumstances specified in paragraph (2), regulations K2 to K7 override any inconsistent provisions of these regulations.
The circumstances referred to in paragraph (1) are—
if a trivial pension is commuted in accordance with regulation T7; or
if a pension is commuted in accordance with regulations E2(10), E2A(10) or L1(5) (pensions on early retirement due to ill health and preserved pensions); or
if a pension is forfeited for the reasons specified in paragraph (1)(b) or (c) or paragraph (1A) of regulation T6.
In this Part—
“contracting-out conditions” means—
the conditions specified in section 12E of the 1993 Act; and
the conditions or requirements that apply in respect of a member’s section 9(2B) rights;
“guaranteed minimum” means the guaranteed minimum as defined in sections 13 to 17 of the 1993 Act;
“guaranteed minimum pension” is a pension calculated in accordance with the guaranteed minimum requirements;
“guaranteed minimum pension age” means age 65 in the case of a man or age 60 in the case of a woman;
“protected rights” has the same meaning as in the 1993 Act.
Annotations
Textual amendments
- F1
Reg. K1 substituted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 36
- F2
Words in reg. K1(1) substituted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 1 para. 3
- F3
Reg. K1(2)(c) substituted (6.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(3), 7 (with reg. 105)
- F4
Reg. K1(3)(a) substituted (6.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(3), 27
- F5
Reg. K1(3)(ca) added (with effect from 6.4.2010) by The National Health Service Pension Scheme (Amendment) Regulations 2010 (S.I. 2010/1634), regs. 1(2)(4), 5(2) (with reg. 18)