Regulation R2 Nurses, physiotherapists, midwives and health visitors
Subject to paragraph (2), this regulation applies to a member—
who, at the coming into force of these Regulations—
is in pensionable employment as a nurse, physiotherapist, midwife or health visitor, or
has accrued rights to benefits under F1this Section of the scheme arising out of a previous period in which she was engaged in such employment and at no time since the last occasion on which she was so engaged has she had a break in pensionable employment for any one period of 5 years or more,
and
who spends the whole of the last 5 years of her pensionable employment as a nurse, physiotherapist, midwife or health visitor.
This regulation shall cease to apply if the member has a break in pensionable employment for any one period of 5 years or more ending after the coming into force of these Regulations.
Where this regulation applies—
regulation E1 (normal retirement pension) will apply to the member as if the reference, in paragraph (1) of that regulation, to age 60, were a reference to age 55;
if the member leaves pensionable employment because of redundancy, but without becoming entitled to a pension under regulation E3 (early retirement pension on grounds of redundancy) F2or regulation E3A (early retirement pension (termination of employment by employing authority), regulation L1 (preserved pension) will apply as if the references, in paragraphs (1), (3) and (4) of that regulation, to age 60, were references to age 55.
Where, in accordance with paragraph (3), a member becomes entitled to receive a pension before age 60, the amount payable shall—
in the case of a female member, be calculated by reference to all of her pensionable service under this Section of the scheme; and
in the case of a male member, be calculated only by reference to pensionable service on or after 17th May 1990.
Subject to regulation Q6(4), if the member chooses to pay for additional service or unreduced retirement lump sum by regular additional contributions under regulation Q6, contributions may be made from the next birthday following the exercise of the right to do so, until the member’s 55th, 60th or 65th birthday, whichever the member chooses, and that date will be the chosen date under regulation Q6(3).
For the purposes of paragraphs (1) and (2), pensionable employment includes employment that qualified the member for benefit under a health service scheme.
For the purpose of calculating the 5 year period referred to in paragraph (1)(b), “pensionable employment" does not include additional service bought under regulation Q1 or a period in respect of which a refund of contributions has been paid under regulation L2.
Annotations
Textual amendments
- F1
Words in reg. R2 inserted (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. 1
- F2
Words in reg. R2(3)(b) inserted (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(3)(a)(ii)
Modifications
- C1
Reg. R2(1)(b) modified (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 30(1)
- C2
Reg. R2(2) modified (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 30(1)
- C3
Reg. R2(3)(b) modified (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 30(1)