# The National Health Service Pension Scheme Regulations 2008, Regulation 2.F.9: Procedure for applications under regulation 2.F.8

Extent: E+W

(1) An application under regulation 2.F.8—
(a) must be made in writing,
(b) must specify the scheme or arrangement from which the transfer value payment is to be made and the anticipated amount of the payment,
(c) may only be made—
(i) during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of this Section of the Scheme and before the applicant reaches the age of 65; or
(ii) where the applicant is not eligible to be an active member of this Section of the Scheme and the application is made in respect of a transfer from a corresponding 2008 Scheme, during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of the 2015 Scheme if either—
(aa) paragraph 2 of Schedule 7 to the 2013 Act, or
(bb) paragraph 2 of Schedule 7 to the Public Service Pensions Act (Northern Ireland) 2014,
applies to the period of service in respect of which that transfer value payment is made; or
(iii) where the applicant is not eligible to be an active member of this Section of the Scheme and the application is made in respect of a period of service in an existing scheme (within the meaning of Schedule 5 to the 2013 Act or Schedule 5 to the 2014 Act) or an existing public body scheme listed in Schedule 10 to those Acts, during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of the 2015 Scheme if—
(aa) paragraph 2 of Schedule 7 to the 2013 Act or paragraph 2 of Schedule 7 to the 2014 Act applies to the period of service in respect of which that transfer value payment is made, and
(bb) the transfer value payment is not made and accepted under the public sector transfer arrangements.
(d) if the Secretary of State so requires, may only be made if the member has first requested a statement—
(i) in the case of a transfer made under the public sector transfer arrangements, of the service that the member will be entitled to count as a result of the transfer if the payment is accepted by the Secretary of State, and
(ii) in a case where the transfer is not made under those arrangements (including a transfer of rights from a corresponding 1995 scheme), of the service that member will be entitled so to count if the payment is so accepted by the Secretary of State within such period as is specified in the statement, and
(e) must meet such other conditions as the Secretary of State may require.
(2) A statement given to the member in pursuance of such a request as is mentioned in paragraph (1)(d)—
(a) in the case mentioned in paragraph (1)(d)(i), must inform the member of the effect (if any) of regulation 2.A.12 (restriction on reckonable pay used for calculating benefits in respect of capped transferred-in service) in the member’s case, and
(b) in the case mentioned in paragraph (1)(d)(ii), must specify such amount as is calculated in accordance with guidance and tables provided by the Scheme actuary for the purpose.
(3) A statement given to the member of a corresponding 1995 scheme in pursuance of such a request as is mentioned in paragraph (1)(d) must inform the member of the amount of pensionable service that will count under this Scheme for the purposes of—
(a) calculating benefits payable to or in respect of the member, and
(b) determining whether or not the member has reached 45 years of pensionable service for the purposes of regulation 2.A.3.

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Source: https://www.legislation.gov.uk/uksi/2008/653/regulation/2.F.9 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-2.F.9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.