# The National Health Service Pension Scheme Regulations 1995, Regulation S3A: Benefits in respect of pensionable employment after pension becomes payable under regulation E2A


(1) This regulation applies to a member in respect of whom a pension is payable under regulation E2A (ill health pension on early retirement) and who subsequently returns to pensionable employment.
(2) For the purposes of this regulation—
(a) the member’s “previous service” means the pensionable service in respect of which the member became entitled to receive a pension under regulation E2A; and
(b) the member’s “later service” means any pensionable service which accrues after becoming so entitled.
(3) Subject to paragraph (4), the member’s benefits in respect of later service shall be calculated without regard to the member’s previous service.
(4) For the purposes of regulation C2 (meaning of pensionable service) and regulation D1(3) and (4) (contributions by members), the member’s previous service and later service shall be aggregated.
(5) Subject to the following provisions of this regulation, a member who—
(a) is entitled to a tier 1 pension in respect of the member’s previous service; and
(b) satisfies the tier 1 condition or, as the case may be, the tier 2 condition in respect of the member’s later service,
shall be entitled to the following benefits.
(6) Those benefits are—
(a) the member’s original tier 1 pension in respect of the member’s previous service; and
(b) a tier 1 pension or, as the case may be, a tier 2 pension in respect of the member’s later service.
(7) A member—
(a) to whom a tier 2 pension is payable in place of a tier 1 pension in respect of the member’s previous service in accordance with regulation E2B(3), and
(b) who satisfies the tier 1 condition or, as the case may be the tier 2 condition, in respect of the member’s later service,
(8) That benefit is the aggregate of—
(a) a tier 2 pension paid in accordance with regulation E2B in respect of the member’s previous service; and
(b) a tier 1 pension in respect of the member’s later service.

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Source: https://www.legislation.gov.uk/uksi/1995/300/regulation/S3A (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-1995/regulation-S3A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.