{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-2.D.11",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-2.D.11.json",
  "legislation": "uksi/2008/653",
  "legislation_title": "The National Health Service Pension Scheme Regulations 2008",
  "legislation_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008",
  "path": "regulation/2.D.11",
  "kind": "regulation",
  "number": "2.D.11",
  "heading": "Early retirement on termination of employment by employing authority",
  "text": "(1) A member other than a non-GP provider who has reached the age of 55, but not 65, is entitled to a pension payable for life if—\n(a) the employment in which the member is an active member or a non-contributing member is terminated by the member’s employing authority and the member has ceased to be employed in NHS employment,\n(b) the member has 2 years of qualifying service,\n(ba) where sub-paragraph (c)(ii) applies, the member’s employing authority states whether an additional contribution option applies to the member,\n(c) the member’s employing authority certifies that the member—\n(i) has at least 2 years’ continuous employment determined in accordance with any terms and conditions applying to the employment,\n(ii) is entitled to claim a pension under this regulation if the member’s employment is terminated by reason of redundancy as an alternative to receiving (in whole or in part) the lump sum payment otherwise payable to the member in accordance with those terms and conditions, and\n(iii) has not unreasonably refused to seek suitable alternative employment or accept an offer of such employment.\n(ca) where the member’s employing authority is an Independent Provider, that the Secretary of State has received the contributions referred to in paragraph (6) of regulation 2.C.6 in respect of that member;\n(d) the Secretary of State certifies that the member’s employment is terminated —\n(i) by reason of redundancy, or\n(ii) in the interests of the efficiency of the service in which the member is employed, and\n(e) the member has claimed payment of the pension.\n(2) A certificate under paragraph (1)(d)(ii) may only be given with the agreement of the employing authority.\n(3) A pension to which a member is entitled under this regulation becomes payable immediately the member becomes entitled to it : this is subject to paragraph (3A).\n(3A) A member who satisfies the conditions of this regulation is not entitled to a pension under this regulation if the Secretary of State, after consultation with the Scheme actuary, decides that the amount of the pension would be less than the amount of the guaranteed minimum pension to which the member is entitled.\n(4) The amount of the annual pension payable under this regulation (disregarding any additional pension) is given by the formula—\nRP60×LPS365where—\nRP is the member’s reckonable pay, and\nLPS is the length of the member’s pensionable service, expressed in days.\nThis is subject to paragraph (6).\n(5) A claim under paragraph (1)(e)—\n(a) must be made in writing to the Secretary of State within 6 months of the employment terminating, and\n(b) must contain such information as the Secretary of State may from time to time require.\n(6) If the member—\n(a) has received a related payment in respect of the cessation of the employment,\n(b) the terms and conditions relating to the employment require that payment to be reduced to take account of the additional contributions the employing authority must make to the Secretary of State in accordance with regulation 2.C.6, and\n(c) that payment has not been so reduced,\nthe amount of that payment (or, if there is more than one such payment, the aggregate amount of those payments) is deducted from the amount of the pension.\n(7) In paragraph (6) “related payment” means—\n(a) a redundancy payment under the Employment Rights Act 1996,\n(b) a corresponding payment under the arrangements of the Whitley Councils for the Health Services of Great Britain, or\n(c) a payment made by virtue of any arrangement made pursuant to paragraph 26(3) of Schedule 4 to the 2006 Act or paragraph 26(3) of Schedule 3 to the 2006 (Wales) Act.\n(8) This regulation does not apply to practice staff.\n(9) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.12.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 2.D.11(1)(a) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 30 (with reg. 89)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 2.D.11(1)(ba) inserted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 28(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 2.D.11(1)(c) substituted (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), 38"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 2.D.11(1)(ca) inserted (1.4.2014) by The National Health Service Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/570), regs. 1(2), 30 (with reg. 49)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 2.D.11(3) inserted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 28(3)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 2.D.11(3A) inserted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 28(4)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Reg. 2.D.11(9) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 32"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1996 c. 18."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/653/regulation/2.D.11",
    "retrieved_at": "2026-10-29T03:34:22.381913+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}