Regulation 2.F.11 Calculation of transferred-in pensionable service

England and Wales

(1)

Subject to this regulation, the period of service that the member is entitled to count under regulation 2.F.10 as the result of a transfer is to be calculated in accordance with any guidance, tables and other relevant factors provided by the Scheme actuary for that purpose.

(2)

For the purposes of the calculation under paragraph (1) the member’s annual pensionable pay is to be taken to be the amount of that pay as at the day on which the member’s pensionable service begins (“the starting day”), unless paragraph (3) applies.

(3)

If the transfer payment is received by the Secretary of State more than 12 months after the starting day, the member’s annual pensionable pay is to be taken to be the amount of that pay as at the day on which the transfer payment is received.

(4)

But paragraph (3) does not apply if—

(a)

a written statement estimating the pensionable service that the member would be entitled to count as result of the transfer was given to the member by the Secretary of State during the period of 3 months ending 12 months after the starting day, and

(b)

the transfer payment is received by the Secretary of State less than 3 months after the date of the statement.

(5)

If the transfer value payment is accepted under the public sector transfer arrangements, the period of pensionable service the member is entitled to count is calculated—

(a)

in accordance with those arrangements, and

(b)

by reference to the guidance and tables provided by the Scheme actuary for the purposes of this paragraph, that are in use on the date that is used by the transferring scheme for calculating the transfer value payment.

(6)

If the transfer value payment is accepted from a F1corresponding 2008 scheme, the period of pensionable service the member is entitled to count is the period that the member would be entitled to count if—

(a)

the member’s employment to which that scheme applied were NHS employment in respect of which the member was a member of F2this Section of the Scheme, and

(b)

the member’s contributions to that scheme were contributions to this Section of the Scheme.

F3(7)

In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.13.

Annotations

Textual amendments

F1: Words in reg. 2.F.11(6) substituted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 44(a) (with reg. 93)
F2: Words in reg. 2.F.11(6) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 1
F3: Reg. 2.F.11(7) inserted (previously omitted by virtue of S.I. 2008/2263, reg. 44(b)) (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), 49