OpenLegislation

Regulation 2.C.15 Effect of death or early payment of pension after option exercised under regulation 2.C.8, 2.C.10 or 2.C.11C1C2

England and Wales

(1)

If a member in respect of whom an option under regulation 2.C.8, 2.C.10 or 2.C.11 has been exercised dies before the end of the period of 12 months beginning with the date on which the option was exercised—

(a)

an amount equal to the contributions paid under the option must be paid—

(i)

in the case of an option under regulation 2.C.8 or 2.C.10, to the member’s personal representatives, and

(ii)

in the case of an option under regulation 2.C.11, to the employing authority which made the contribution, and

(b)

regulation 2.C.14(4) does not apply.

(2)

If a member in respect of whom an option under regulation 2.C.8 has been exercised dies after the end of the period of 12 months beginning with the date on which the option was exercised and before the end of the contribution option period, regulation 2.C.14(4) applies as if all contributions due after the date of death had been made.

(3)

If a member in respect of whom an option under regulation 2.C.8, 2.C.10 or 2.C.11 has been exercised becomes entitled to a pension under regulation 2.D.8 as a result of a claim made before the end of the period of 12 months beginning with the date on which the option was exercised—

(a)

regulation 2.C.14(2) and (4) does not apply, and

(b)

an amount equal to the contributions paid under the option must be paid—

(i)

in the case of an option under regulation 2.C.8 or 2.C.10, to the member, and

(ii)

in the case of an option under regulation 2.C.11, to the employing authority which made the contribution.

(4)

If a member in respect of whom an option under regulation 2.C.8 has been exercised becomes entitled to a pension under regulation 2.D.8 before the end of the contribution option period as a result of a claim made after the end of the period of 12 months beginning with the date on which the option was exercised, regulation 2.C.14(2) and (4) applies as if all contributions under the option had been made.

F1This is subject to regulation 2.C.13(5) and (6).

(5)

If a member in respect of whom an option under regulation 2.C.8, 2.C.10 or 2.C.11 has been exercised—

(a)

becomes entitled to a pension under regulation 2.D.4, 2.D.10, or 2.D.11, or

(b)

becomes entitled to a pension under regulation 2.D.5 before reaching the age of 65,

the increase in the member’s pension under Chapter 2.D which would otherwise be due under regulation 2.C.14(2) or regulation 2.C.16 is reduced.

(6)

The amount of the reduction is such amount as the Secretary of State determines, after consulting the Scheme actuary, to be appropriate by reason of the payment of the increase before the member reaches 65.

(7)

This regulation is subject to regulation 2.C.16.

Annotations

Textual amendments

F1

Words in reg. 2.C.15(4) added (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 37

Modifications

C1

Regs. 2.C.8-2.C.15 continued (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 23(2)(a)(3)(b)(i)

C2

Reg. 2.C.15 modified (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 24(b)