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The National Health Service Pension Scheme Regulations 2008

S.I. 2008/653 · Made 11 March 2008 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 28 March 2026.

National Health Service, England And Wales

Made 11th March 2008

Laid before Parliament 11th March 2008

Coming into force 1st April 2008

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 10(1) and (2) and 12(1) and (2) of, and Schedule 3 to, the Superannuation Act 1972f1, with the consent of the Treasuryf2. In accordance with section 10(4) of that Act, the Secretary of State has consulted with representatives of persons likely to be affected by these Regulations, as appeared to the Secretary of State to be appropriatef3.C1C2

Annotations to the whole text

Modifications

C1

Regulations applied (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 14(2)

C2

Regulations modified (temp.) (25.3.2022 immediately after the expiry of 2020 c. 7, s. 45) by The National Health Service Pension Schemes (Member Contributions etc.) (Amendment) Regulations 2022 (S.I. 2022/273), regs. 1(2), 11 (with reg. 9) (as amended (31.10.2022) by The National Health Service Pension Schemes (Member Contributions etc.) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/1028) S.I. 2022/1028, regs. 1(2), 2)

Footnotes

f1

1972 c.11. Section 10(1) was amended by sections 57 and 58 of, and Schedule 5 to, the National Health Service Reorganisation Act 1973 (c.32) and section 4(2) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7); section 12(2) was amended by section 10(1) of the Pensions (Miscellaneous Provisions) Act 1990.

f2

See section 10(1) of the Superannuation Act 1972 and article 2 of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670).

f3

See section 10(4) of the Superannuation Act 1972.

Contents

  1. Part 1: INTRODUCTORY AND GENERAL
  2. Chapter 1.A: INTRODUCTION
  3. 1.A.1Citation and commencement
  4. 1.A.2Application of remaining Parts
  5. Chapter 1.B: SCHEME REPORTS AND ACCOUNTS
  6. 1.B.1Actuarial reports and accounts
  7. 1.B.2Cost Sharing Repealed
  8. 1.B.3Provision of information relevant for tax purposes
  9. Part 2: BENEFITS FOR OFFICERS
  10. Chapter 2.A: INTRODUCTION
  11. General interpretation
  12. 2.A.1Interpretation: general
  13. 2.A.1ACivil partnerships and marriage of same sex couples
  14. Pensionable service
  15. 2.A.2Meaning of “pensionable service”
  16. 2.A.3Meaning of “pensionable service”: part-time service
  17. 2.A.4Pensionable service: breaks in service
  18. Qualifying service
  19. 2.A.5Meaning of “qualifying service”
  20. 2.A.6Qualifying service: disregard of breaks in service
  21. Calculating service
  22. 2.A.7Calculation of periods of membership or service
  23. Pensionable pay
  24. 2.A.8Meaning of “pensionable pay”
  25. 2.A.9Pensionable pay: breaks in service
  26. Reckonable pay
  27. 2.A.10Meaning of “reckonable pay”: general
  28. 2.A.11Adjustments for inflation in determining reckonable pay under 2.A.10
  29. 2.A.12Restriction on pensionable pay used for calculating benefits in respect of capped transferred-in service
  30. 2.A.12ARestriction of reckonable pay where the Secretary of State considers the amount is inordinate
  31. 2.A.13Meaning of “reckonable pay”: non-concurrent part-time employment
  32. 2.A.14Meaning of “reckonable pay”: concurrent part-time employments
  33. 2.A.15Out of hours providers
  34. Chapter 2.B: MEMBERSHIP
  35. 2.B.1Eligibility: general
  36. 2.B.1AEligibility: transitional
  37. 2.B.2Restrictions on eligibility: general
  38. 2.B.3Concurrent employments
  39. Joining and leaving the Scheme
  40. 2.B.4Joining this Section of the Scheme
  41. 2.B.5Opting out of this Section of the Scheme
  42. 2.B.6Restriction on further participation in this Section of the Scheme
  43. Chapter 2.C: CONTRIBUTIONS
  44. Basic contributions by members
  45. 2.C.1Contributions by members
  46. 2.C.2Contribution rate for members other than non-GP providers
  47. 2.C.3Determination of pensionable pay for the purposes of setting a contribution rate for members other than non-GP providers
  48. 2.C.4Contribution rate and determination of pensionable earnings for non-GP providers
  49. 2.C.4AMembers’ contributions: redundancy
  50. Contributions by employing authorities
  51. 2.C.5Contributions by employing authorities: general
  52. 2.C.6Contributions by employing authorities: members becoming entitled to pensions under regulation 2.D.11
  53. 2.C.6AScheme administration charge
  54. 2.C.7Guarantees, indemnities and bonds
  55. Additional contributions to purchase additional pensions
  56. 2.C.8Member’s option to pay additional periodical contributions to purchase additional pension
  57. 2.C.9Effect of member being absent or leaving and rejoining this Section of the Scheme during the contribution option period
  58. 2.C.10Member’s option to pay lump sum contribution to purchase additional pension
  59. 2.C.11Payment of additional lump sum contributions by employing authority
  60. 2.C.12Exercise of options under regulations 2.C.8, 2.C.10 and 2.C.11
  61. 2.C.13Cancellation of options under regulation 2.C.8
  62. 2.C.14Effect of payment of additional contributions under this Chapter
  63. 2.C.15Effect of death or early payment of pension after option exercised under regulation 2.C.8, 2.C.10 or 2.C.11
  64. 2.C.16Effect of part payment of periodical contributions
  65. 2.C.17Revaluation of increases bought under options: members’ pensions
  66. Repayment of contributions
  67. 2.C.18Repayment of contributions
  68. Chapter 2.D: MEMBERS’ RETIREMENT BENEFITS
  69. Entitlement to pensions
  70. 2.D.1Normal retirement pensions
  71. 2.D.2Pension credit members
  72. 2.D.3Late payment of pension with actuarial increase
  73. 2.D.4Early payment of pensions with actuarial reduction
  74. 2.D.5Partial retirement (members aged at least 55)
  75. 2.D.6Increase in pensionable pay following exercise of option under regulation 2.D.5
  76. 2.D.7Application of regulations 2.D.5 and 2.D.6 where concurrent part-time employments held
  77. 2.D.8Early retirement on ill-health (active members and non-contributing members)
  78. 2.D.9Re-assessment of entitlement to an ill-health pension determined under regulation 2.D.8
  79. 2.D.10Early retirement on ill-health (deferred members)
  80. 2.D.11Early retirement on termination of employment by employing authority
  81. 2.D.11AEarly retirement on termination of employment by employing authority: additional contribution option
  82. 2.D.12Option to have periods of service treated separately where pay is reduced
  83. 2.D.13Exceptions to requirement that NHS employment must have ceased
  84. Options to exchange pension for lump sum
  85. 2.D.14General option to exchange part of pension for lump sum
  86. 2.D.15Option for members in serious ill-health to exchange whole pension for lump sum
  87. Pension debit members and pension credit members
  88. 2.D.16Reduction in pension debit member’s benefits
  89. 2.D.17Pension credit member’s rights Repealed
  90. Allocation
  91. 2.D.18Election to allocate pension
  92. 2.D.19Procedure for election under regulation 2.D.18
  93. 2.D.20Effect of allocation
  94. Dual capacity membership
  95. 2.D.21Dual capacity membership
  96. Contracting-out obligations (GMPs, etc.)
  97. 2.D.22Guaranteed minimum pensions etc
  98. Chapter 2.E: DEATH BENEFITS
  99. Pensions for surviving adults
  100. 2.E.1Surviving adult dependants’ pensions
  101. 2.E.2Meaning of “surviving scheme partner”
  102. 2.E.3Amount of pensions under regulation 2.E.1: active and non-contributing members
  103. 2.E.4Amount of pensions under regulation 2.E.1: pensioner members
  104. 2.E.5Amount of pensions under regulation 2.E.1: deferred members
  105. 2.E.6Recent leavers
  106. 2.E.7Re-employed pensioners: adult survivor pensions in initial period
  107. Pensions for dependent children
  108. 2.E.8Surviving children’s pensions
  109. 2.E.9Meaning of “dependent child”
  110. 2.E.10Amount of children’s pension under regulation 2.E.8: deceased active members and deceased non-contributing members
  111. 2.E.11Amount of children’s pension under regulation 2.E.8: deceased pensioner members
  112. 2.E.12Amount of children’s pension under regulation 2.E.8: deceased deferred members
  113. 2.E.13Amount of children’s pension under regulation 2.E.8: recent leavers
  114. 2.E.14Power to increase pension in respect of children not maintained by surviving parent etc
  115. 2.E.15Amount of children’s pension under regulation 2.E.8: re-employed pensioners
  116. Lump sum death benefits
  117. 2.E.16Lump sum benefits on death: introduction
  118. 2.E.17Amount of lump sum: single capacity members and recent leavers (disregarding regulation 2.D.5 employments)
  119. 2.E.18Amount of lump sum: dual capacity members (disregarding regulation 2.D.5 employments)
  120. 2.E.19Amount of lump sum: dual capacity members: members with pensions under regulation 2.D.5
  121. 2.E.20Amount of lump sum: pension credit members
  122. 2.E.20 APension payable when member dies on or after reaching age 75
  123. 2.E.21Payment of lump sums or pensions on death
  124. 2.E.22Tax treatment under the 2004 Act of lump sums payable on pensioners’ deaths
  125. Miscellaneous and general provisions
  126. 2.E.23Death during period of absence
  127. 2.E.24Polygamous marriages
  128. 2.E.25Dual capacity membership: death benefits
  129. 2.E.26Guaranteed minimum pensions for surviving spouses and civil partners
  130. Chapter 2.F: TRANSFERS
  131. Transfers out
  132. 2.F.1Introduction: rights to transfer value payment
  133. 2.F.2Applications for statements of entitlement
  134. 2.F.3Applications for transfer value payments: general
  135. 2.F.4Applications for transfer value payments: time limits
  136. 2.F.5Ways in which transfer value payments may be applied
  137. 2.F.6Calculating amounts of transfer value payments
  138. 2.F.7Effect of transfers-out
  139. Transfers in
  140. 2.F.8Right to apply for acceptance of transfer value payment from another scheme
  141. 2.F.9Procedure for applications under regulation 2.F.8
  142. 2.F.10Acceptance of transfer value payments
  143. 2.F.11Calculation of transferred-in pensionable service
  144. 2.F.12Meaning of “capped transferred-in service”
  145. 2.F.13Public sector transfer arrangements
  146. 2.F.14Bulk transfers out
  147. 2.F.15Bulk transfers in
  148. 2.F.16EU and other overseas transfers
  149. Transfers across
  150. 2.F.17Transfers across from the 1995 Section
  151. 2.F.18Right to transfer a deferred pension to the 2015 Scheme
  152. Chapter 2.G: RE-EMPLOYMENT AND REJOINING THIS SECTION OF THE SCHEME
  153. Preliminary
  154. 2.G.1Application of Chapter 2.G
  155. General rule: separate treatment of service etc except where unfavourable to member
  156. 2.G.2General rule: separate treatment of service etc
  157. 2.G.3Exception to general rule in 2.G.2
  158. Special rules about re-employment of ill-health pensioners
  159. 2.G.4Effect of re-employment on tier 2 ill-health pensions
  160. 2.G.5Re-employed tier 1 ill-health pensioners
  161. Special rule for members transferred out on transfer of undertaking
  162. 2.G.6Deferred pension becoming payable during NHS re-employment as a result of a transfer of undertaking
  163. Chapter 2.H: ABATEMENT
  164. 2.H.1Application of Chapter 2.H
  165. 2.H.2Information
  166. 2.H.3Reduction of pension
  167. 2.H.4Meaning of “relevant income”
  168. 2.H.5Meaning of “previous pay”: general
  169. 2.H.6Meaning of “previous pay”: members with concurrent employments
  170. 2.H.7Application of this Chapter to part-time employment
  171. 2.H.8Employed pensioners with more than one pension
  172. 2.H.9Provisional reductions and later adjustments
  173. Chapter 2.J: MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
  174. Scheme administrator
  175. 2.J.1Appointment of Scheme administrator
  176. Claims
  177. 2.J.2Claims for benefits
  178. 2.J.2.AProvision of information: continuing entitlement to benefit
  179. Power to extend time limits
  180. 2.J.3Power to extend time limits
  181. Beneficiaries who are incapable of looking after their affairs
  182. 2.J.4Beneficiaries who are incapable of looking after their affairs
  183. Commutation of small pensions
  184. 2.J.5Commutation of small pensions
  185. Reduction in and forfeiture of benefits
  186. 2.J.6Reduction in benefits in cases where loss caused by member’s crime, negligence or fraud
  187. 2.J.7Forfeiture of rights to benefits
  188. Provisions about tax
  189. 2.J.8Deduction of tax
  190. Interest on delayed payments
  191. 2.J.9Interest on late payment of benefits and refunds of contributions
  192. 2.J.9AInterest and Administration Charges: late paid contributions
  193. Determinations
  194. 2.J.10Determination of questions
  195. 2.J.11Determinations by medical practitioners
  196. General prohibition on unauthorised payments
  197. 2.J.12General prohibition on unauthorised payments
  198. Prohibition on assignment or charging of benefits
  199. 2.J.13Prohibition on assignment or charging of benefits
  200. Record keeping and contribution estimates
  201. 2.J.14Employing authority and certain member record keeping and contribution estimates
  202. 2.J.15Benefit information statements
  203. Chapter 2.K
  204. 2008 Section Optants
  205. 2.K.1Application of Chapter 2.K
  206. 2.K.2Options for 1995 Section members to join this Section of the Scheme under Chapter 2.K
  207. Transfer of service from the 1995 Section
  208. 2.K.3Service credited from the 1995 Section
  209. 2.K.4Treatment of Additional Pension
  210. 2.K.5Treatment of Additional Service
  211. 2.K.6Treatment of unreduced retirement lump sum
  212. 2.K.7Treatment of 2008 Section Optants to whom regulation L4(3) of the 1995 Regulations applied immediately before 1st April 2008
  213. 2.K.8Pension debit members
  214. 2.K.9Treatment of 2008 Section Optants to whom regulation R9 of the 1995 Regulations applied immediately before 1st April 2008
  215. 2.K.10Restriction on pensionable pay used for calculating benefits in respect of capped Optant service
  216. 2.K.11Meaning of “capped Optant service”
  217. 2.K.12Amount of pension and lump sum to be paid to a 2008 Section Optant
  218. Miscellaneous provisions
  219. 2.K.13Transfers in: transitional provision
  220. 2.K.142008 Section Optants: Transitional Tier 2 ill-health pension
  221. 2.K.15Treatment of ill-health retirement applications made by 2008 Section Optants within one year of joining this Section of the Scheme
  222. 2.K.16Application of regulation 2.D.9 where a 2008 Section Optant has submitted an application for ill-health retirement under the 1995 Section
  223. 2.K.17Application of regulation 2.D.9 where a 2008 Section Optant has submitted an application for ill-health retirement under the 2008 Section within a year of joining the 2008 Section
  224. 2.K.18Transitional provision: Treatment of additional service in respect of Optants retiring on the grounds of ill-health
  225. 2.K.19Circumstances in which a 1995 Section member may defer making an option to join this Section of the Scheme under regulation 2.K.2
  226. 2.K.20Nominations and notices accepted by the Secretary of State under the 1995 Regulations to apply under Chapter 2.E of these Regulations
  227. 2.K.21Late payment of pension with actuarial increase for a 2008 Section Optant
  228. 2.K.222008 Section Optants who are in receipt of a tier 1 ill-health pension under Regulation E2A of the 1995 Regulations
  229. 2.K.23Lump sum payable on the death of a 2008 Section Optant who is in receipt of a tier 1 ill-health pension under regulation E2A of the 1995 Regulations
  230. 2.K.24Children’s pensions payable on the death of a 2008 Section Optant who is in receipt of a tier 1 ill-health pension under regulation E2A of the 1995 Regulations
  231. Chapter 2.L: Waiting Period Joiners
  232. 2.L.1Application of Chapter 2.L
  233. 2.L.2Nominations and notices accepted by the Secretary of State under the 1995 Regulations and Chapter 2.E of these Regulations
  234. 2.L.3Waiting Period Joiners who are in receipt of a tier 1 ill-health pension under Regulation E2A of the 1995 Regulations
  235. 2.L.4Lump sum payable on the death of a Waiting Period Joiner
  236. 2.L.5Children’s pensions payable on the death of a Waiting Period Joiner
  237. Chapter 2.M: Independent Providers
  238. 2.M.1General
  239. 2.M.2IP Guarantees
  240. 2.M.3Approval Applications
  241. 2.M.4Change from open approval to closed approval basis
  242. 2.M.5Change from closed approval to open approval basis
  243. 2.M.675% Pensionable Pay Threshold and Contribution Surcharge
  244. 2.M.7Default Notices
  245. 2.M.8Pension Returns
  246. 2.M.9Provision of information
  247. 2.M.10Termination of employing authority status by Secretary of State
  248. 2.M.11Withdrawal of participation in this Section of the Scheme
  249. Part 3: BENEFITS FOR PRACTITIONERS ETC.
  250. Chapter 3.A: INTRODUCTION
  251. Preliminary
  252. 3.A.1Interpretation of Part 3: general
  253. 3.A.1ACivil partnerships and marriage of same sex couples
  254. 3.A.2Interpretation: further provisions
  255. 3.A.3Meaning of “pensionable service”
  256. 3.A.4Pensionable service: breaks in service
  257. Qualifying service
  258. 3.A.5Meaning of “qualifying service”
  259. 3.A.6Qualifying service: disregard of breaks in service
  260. Pensionable earnings
  261. 3.A.7Meaning of “pensionable earnings”
  262. 3.A.8Pensionable earnings—breaks in service
  263. 3.A.9Calculating pensionable earnings of medical practitioners in partnership
  264. 3.A.10Elections relating to calculation of pensionable earnings in medical partnerships
  265. 3.A.11Restriction on pensionable earnings used for calculating benefits in respect of capped transferred-in service Repealed
  266. 3.A.12Distribution of pensionable earnings between type 1 dental practitioners employed or engaged by the same GDS or PDS contractor Repealed
  267. 3.A.13Meaning of pensionable earnings in relation to other practitioners
  268. 3.A.14Exclusions and deductions from pensionable earnings—all practitioners
  269. 3.A.15Limit on pensionable earnings—dentist performers carrying on deceased person’s business
  270. 3.A.16Out of hours providers
  271. Chapter 3.B: MEMBERSHIP
  272. 3.B.1Eligibility: general
  273. 3.B.1AEligibility: transitional
  274. 3.B.2Restrictions on eligibility: general
  275. 3.B.3Concurrent employments
  276. Joining and leaving the Scheme
  277. 3.B.4Joining this Section of the Scheme
  278. 3.B.5Opting out of this Section of the Scheme
  279. 3.B.6Restriction on further participation in this Section of the Scheme
  280. 3.B.7Membership: locum practitioners
  281. Chapter 3.C: CONTRIBUTIONS
  282. Basic contributions by members
  283. 3.C.1Contributions by members
  284. 3.C.2Members’ contribution rate
  285. 3.C.3Contributions by employing authorities: general
  286. 3.C.3AScheme administration charge
  287. 3.C.4Guarantees, indemnities and bonds
  288. 3.C.5Payment of Contributions
  289. Additional contributions to purchase additional pensions
  290. 3.C.6Member’s option to pay additional periodical contributions to purchase additional pension
  291. 3.C.7Effect of member being absent or leaving and rejoining this Section of the Scheme during the contribution option period
  292. 3.C.8Member’s option to pay lump sum contribution to purchase additional pension
  293. 3.C.9Payment of additional lump sum contributions by employing authority
  294. 3.C.10Exercise of options under regulations 3.C.6, 3.C.8 and 3.C.9
  295. 3.C.11Cancellation of options under regulation 3.C.6
  296. 3.C.12Effect of payment of additional contributions under this Chapter
  297. 3.C.13Effect of death or early payment of pension after option exercised under regulation 3.C.6, 3.C.8 or 3.C.9
  298. 3.C.14Effect of part payment of periodical contributions
  299. 3.C.15Revaluation of increases bought under options: members’ pensions
  300. Repayment of contributions
  301. 3.C.16Repayment of contributions
  302. Chapter 3.D: MEMBERS’ RETIREMENT BENEFITS
  303. Entitlement to pensions
  304. 3.D.1Normal retirement pensions
  305. 3.D.2Pension credit members
  306. 3.D.3Late payment of pension with actuarial increase
  307. 3.D.4Early payment of pensions with actuarial reduction
  308. 3.D.5Partial retirement (members aged at least 55)
  309. 3.D.6Increase in level of engagement following exercise of option under regulation 3.D.5
  310. 3.D.7Early retirement on ill-health (active members and non-contributing members)
  311. 3.D.8Re-assessment of entitlement to an ill-health pension determined under regulation 3.D.7
  312. 3.D.9Early retirement on ill-health (deferred members)
  313. Options to exchange pension for lump sum
  314. 3.D.10General option to exchange part of pension for lump sum
  315. 3.D.11Option for members in serious ill-health to exchange whole pension for lump sum
  316. Pension debit members and pension credit members
  317. 3.D.12Reduction in pension debit member’s benefits
  318. 3.D.13Pension credit member’s rights Repealed
  319. Allocation
  320. 3.D.14Election to allocate pension
  321. 3.D.15Procedure for election under regulation 3.D.14
  322. 3.D.16Effect of allocation
  323. Dual capacity membership
  324. 3.D.17Dual capacity membership
  325. Contracting-out obligations (GMPs, etc.)
  326. 3.D.18Guaranteed minimum pensions etc
  327. 3.D.19Exceptions to requirement that NHS employment must have ceased
  328. Chapter 3.E: DEATH BENEFTS
  329. Pensions for surviving adults
  330. 3.E.1Surviving adult dependants’ pensions
  331. 3.E.2Meaning of “surviving nominated partner”
  332. 3.E.3Amount of pensions under regulation 3.E.1: active and non-contributing members
  333. 3.E.4Amount of pensions under regulation 3.E.1: pensioner members
  334. 3.E.5Amount of pensions under regulation 3.E.1: deferred members
  335. 3.E.6Recent leavers
  336. 3.E.7Re-employed pensioners: adult survivor pensions in initial period
  337. Pensions for dependent children
  338. 3.E.8Surviving children’s pensions
  339. 3.E.9Meaning of “dependent child”
  340. 3.E.10Amount of children’s pension under regulation 3.E.8: deceased active members and deceased non-contributing members
  341. 3.E.11Amount of children’s pension under regulation 3.E.8: deceased pensioner members
  342. 3.E.12Amount of children’s pension under regulation 3.E.8: deceased deferred members
  343. 3.E.13Amount of children’s pension under regulation 3.E.8: recent leavers
  344. 3.E.14Power to increase pension in respect of children not maintained by surviving parent etc
  345. 3.E.15Amount of children’s pension under regulation 3.E.8: re-employed pensioners
  346. Lump sum death benefits
  347. 3.E.16Lump sum benefits on death: introduction
  348. 3.E.17Amount of lump sum: single capacity members and recent leavers (disregarding regulation 3.D.5 employments)
  349. 3.E.18Amount of lump sum: dual capacity members (disregarding regulation 3.D.5 employments)
  350. 3.E.19Amount of lump sum: dual capacity members: members with pensions under regulation 3.D.5
  351. 3.E.20Amount of lump sum: pension credit members
  352. 3.E.20 APension payable when member dies on or after reaching age 75
  353. 3.E.21Payment of lump sums or pensions on death
  354. 3.E.22Tax treatment under the 2004 Act of lump sums payable on pensioners’ deaths
  355. Miscellaneous and general provisions
  356. 3.E.23Death during period of absence
  357. 3.E.24Polygamous marriages
  358. 3.E.25Dual capacity membership: death benefits
  359. 3.E.26Guaranteed minimum pensions for surviving spouses and civil partners
  360. Chapter 3.F: TRANSFERS
  361. Transfers out
  362. 3.F.1Introduction: rights to transfer value payment
  363. 3.F.2Applications for statements of entitlement
  364. 3.F.3Applications for transfer value payments: general
  365. 3.F.4Applications for transfer value payments: time limits
  366. 3.F.5Ways in which transfer value payments may be applied
  367. 3.F.6Calculating amounts of transfer value payments
  368. 3.F.7Effect of transfers-out
  369. Transfers in
  370. 3.F.8Right to apply for acceptance of transfer value payment from another scheme
  371. 3.F.9Procedure for applications under regulation 3.F.8
  372. 3.F.10Acceptance of transfer value payments
  373. 3.F.11Calculation of increase to pensionable earnings as the result of a transfer-in
  374. 3.F.12Meaning of “Capped increase to pensionable earnings”
  375. 3.F.13Public sector transfer arrangements
  376. 3.F.14Bulk transfers out
  377. 3.F.15Bulk transfers in
  378. 3.F.16EU and other overseas transfers
  379. Transfers across
  380. 3.F.17Transfers across from the 1995 Section
  381. 3.F.18Right to transfer a deferred pension to the 2015 Scheme
  382. Chapter 3.G: RE-EMPLOYMENT AND REJOINING THE SCHEME
  383. Preliminary
  384. 3.G.1Application of Chapter 3.G
  385. General rule: separate treatment of service etc except where unfavourable to member
  386. 3.G.2General rule: separate treatment of service etc
  387. 3.G.3Exception to general rule in 3.G.2
  388. Special rules about re-employment of ill-health pensioners
  389. 3.G.4Effect of re-employment on tier 2 ill-health pensions
  390. 3.G.5Re-employed tier 1 ill-health pensioners
  391. Chapter 3.H: ABATEMENT
  392. 3.H.1Application of Chapter 3.H
  393. 3.H.2Information
  394. 3.H.3Reduction of pension
  395. 3.H.4Meaning of “relevant income”
  396. 3.H.5Meaning of “previous earnings”: general
  397. 3.H.6Employed pensioners with more than one pension
  398. 3.H.7Provisional reductions and later adjustments
  399. Chapter 3.J: MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
  400. Scheme administrator
  401. 3.J.1Appointment of Scheme administrator
  402. Claims
  403. 3.J.2Claims for benefits
  404. 3.J.2AProvision of information: continuing entitlement to benefit
  405. Power to extend time limits
  406. 3.J.3Power to extend time limits
  407. Beneficiaries who are incapable of looking after their affairs
  408. 3.J.4Beneficiaries who are incapable of looking after their affairs
  409. Commutation of small pensions
  410. 3.J.5Commutation of small pensions
  411. Reduction in and forfeiture of benefits
  412. 3.J.6Reduction in benefits in cases where loss caused by member’s crime, negligence or fraud
  413. 3.J.7Forfeiture of rights to benefits
  414. Provisions about tax
  415. 3.J.8Deduction of tax
  416. Interest on delayed payments
  417. 3.J.9Interest on late payment of benefits and refunds of contributions
  418. 3.J.9AInterest and Administration Charges: Late paid contributions
  419. Determinations
  420. 3.J.10Determination of questions
  421. 3.J.11Determinations by medical practitioners
  422. General prohibition on unauthorised payments
  423. 3.J.12General prohibition on unauthorised payments
  424. Prohibition on assignment or charging of benefits
  425. 3.J.13Prohibition on assignment or charging of benefits
  426. Record keeping and contribution estimates
  427. 3.J.14Employing authority and certain member record keeping and contribution estimates
  428. 3.J.15Benefit information statements
  429. Chapter 3.K: 2008 Section Optants
  430. 3.K.1Application of Chapter 3.K
  431. 3.K.2Options for 1995 Section members to join this Section of the Scheme under Chapter 3.K
  432. Transfer of service and pensionable earnings from the 1995 Section
  433. 3.K.3Service and pensionable earnings credited from the 1995 Section
  434. 3.K.4Treatment of Additional Pension
  435. 3.K.5Treatment of Additional Service and pensionable earnings
  436. 3.K.6Treatment of unreduced retirement lump sum
  437. 3.K.7Treatment of 2008 Section Optants to whom regulation L4(3) of the 1995 Regulations applied immediately before 1st April 2008
  438. 3.K.8Pension debit members
  439. 3.K.9Pensionable earnings credited under regulations 3.K.3 and 3.K.5 to be treated as capped Optant pensionable earnings
  440. Miscellaneous provisions
  441. 3.K.10Transfers in: transitional provision
  442. 3.K.11Amount of pension and lump sum be to be paid to a 2008 Section Optant
  443. 3.K.12Nominations and notices accepted by the Secretary of State under the 1995 Regulations to apply under Chapter 3.E of these Regulations
  444. 3.K.132008 Section Optants: Transitional Tier 2 ill-health pension
  445. 3.K.14Treatment of ill-health retirement applications made by 2008 Section Optants within one year of joining this Section of the Scheme
  446. 3.K.15Application of regulation 3.D.8 where a 2008 Section Optant has submitted an application for ill-health retirement under the 1995 Section
  447. 3.K.16Application of regulation 3.D.8 where a 2008 Section Optant has submitted an application for ill-health retirement under the 2008 Section within a year of joining the 2008 Section
  448. 3.K.17Late payment of pension with actuarial increase for a 2008 Section Optant
  449. 3.K.18Transitional provision: Treatment of additional service and pensionable earnings in respect of Optants retiring on the grounds of ill-health
  450. 3.K.19Treatment of service credited from the 1995 Section when benefits in cases of mixed service are payable
  451. 3.K.20Circumstances in which a 1995 Section member may defer making an option to join this Section of the Scheme under regulation 3.K.2
  452. 3.K.212008 Section Optants who are in receipt of a tier 1 ill-health pension under Regulation E2A of the 1995 Regulations
  453. 3.K.22Lump sum payable on the death of a 2008 Section Optant who is in receipt of a tier 1 ill-health pension under regulation E2A of the 1995 Regulations
  454. 3.K.23Children’s pensions payable on the death of a 2008 Section Optant who is in receipt of a tier 1 ill-health pension under regulation E2A of the 1995 Regulations
  455. Chapter 3.L: Waiting Period Joiners
  456. 3.L.1Application of Chapter 3.L
  457. 3.L.2Nominations and notices accepted by the Secretary of State under the 1995 Regulations and Chapter 3.E of these Regulations
  458. 3.L.3Waiting Period Joiners who are in receipt of a tier 1 ill-health pension under Regulation E2A of the 1995 Regulations
  459. 3.L.4Lump sum payable on the death of a Waiting Period Joiner
  460. 3.L.5Children’s pensions payable on the death of a Waiting Period Joiner
  461. Part 4: BENEFITS IN CASES OF MIXED SERVICE
  462. Chapter 4.A: INTRODUCTION
  463. Application of Part 4
  464. 4.A.1Application of Part 4
  465. Preliminary
  466. 4.A.2Interpretation: general
  467. Chapter 4.B: COMPARISON OF ENTITLEMENTS
  468. Application of Chapter 4.B
  469. 4.B.1Application of Chapter 4.B
  470. Officer service before practitioner service
  471. 4.B.2Cases with up to 10 years of officer service
  472. 4.B.3Cases with more than 10 years of officer service
  473. Officer service after practitioner service
  474. 4.B.4Cases with less than 1 year of officer service
  475. 4.B.5Cases with 1 year or more of officer service
  476. Concurrent officer and practitioner service
  477. 4.B.6Cases with less than 1 year of concurrent officer service
  478. 4.B.7Cases with 1 year or more of concurrent officer service
  479. Non-concurrent Officer and Practitioner Service
  480. 4.B.7ACases with non-concurrent officer service between periods of practitioner service
  481. Calculation methods
  482. 4.B.8Calculation method A
  483. 4.B.9Calculation method B
  484. 4.B.10Calculation method C
  485. 4.B.11Calculation method D
  486. Chapter 4.C: MODIFICATION OF BENEFITS
  487. Members’ retirement benefits
  488. 4.C.1Top-up where reference amount greater than base amount
  489. Death benefits
  490. 4.C.2Death benefits where member entitled to top-up
  491. Chapter 4.D: GENERAL MODIFICATIONS
  492. 45 year service limit
  493. 4.D.1Pensionable service limit
  494. Claims and notices
  495. 4.D.2Applications, claims and notices
  496. Abatement
  497. 4.D.3Reduction of pension
  498. Signature
  499. Explanatory note