Regulation 2.D.7 Application of regulations 2.D.5 and 2.D.6 where concurrent part-time employments held

This regulation provides for the application of regulations 2.D.5 and 2.D.6 if a person is an active member F1or F2of the 2015 Scheme in two or more part-time employments held concurrently on the option day.

Those regulations apply in relation to each of the employments as if it were the only employment held by the member on that day, but subject to the following modifications.

In regulation 2.D.5(1) for sub-paragraph (d) substitute—

“(d)

as a result of that change the sum of the annual rate of the member’s pensionable pay in that employment and every other employment held by the member on the option day is reduced F3(disregarding any reduction in pensionable pay resulting from the member entering into a salary sacrifice arrangement) to 90% or less of the sum of—

(i)

the member’s pensionable pay in the employment during the period of 12 months ending with the option day, and

(ii)

the member’s pensionable pay during that period in every other employment held by the member on the option day.”

In regulation 2.D.5(2)—

In regulation 2.D.6(1) for sub-paragraph (b) substitute—

“(b)

as a result the annual rate of the member’s pensionable pay in that employment is increased F4(disregarding any increase in pensionable pay resulting from the member ending a salary sacrifice arrangement) to more than 90% of the sum of—

(i)

the member’s pensionable pay in the employment during the period of 12 months ending with the option day, and

(ii)

the member’s pensionable pay during that period in every other employment held by the member on the option day.”.

In regulation 2.D.6(3)—

For regulation 2.D.6(4) substitute—

“(4)

If, in the opinion of the Secretary of State, had the terms and conditions of the member’s employment or any other such employment remained the same after the option day (apart from pensionable pay), the annual rate of pensionable pay for the employment as at the time of the change mentioned in paragraph (1)(a) would have exceeded the annual rate referred to in paragraph (1)(b) for that employment—

(a)

paragraph (2)(a) does not apply, and

(b)

this regulation applies as if paragraph (1)(b) referred to that annual rate instead of the actual annual rate.”.

Where—

the pension will (in any event) be payable by the Secretary of State when the member retires, or partially retires again, from pensionable employment or attains the age of 75 and in doing so the Secretary of State shall—