{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-2.K.5",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-2.K.5.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.K.5",
  "kind": "regulation",
  "number": "2.K.5",
  "heading": "Treatment of Additional Service",
  "text": "(1) A 2008 Section Optant—\n(a) who becomes a member of this Section of the Scheme, and\n(b) is buying or has already bought a period of additional service that counts as pensionable service under regulation C2(1)(e) of the 1995 Regulations (meaning of pensionable service),\nwill be able to count as pensionable service in this Section of the Scheme the service referred to in whichever of paragraphs (5) or (6) apply to that Optant.\n(2) The additional service referred to in paragraph (1) is—\n(a) any additional service bought under regulation Q1 of the 1995 Regulations (right to buy additional service) before the date that person’s option to join this Section of the Scheme was received by the Secretary of State in accordance with regulation 2.K.2, and\n(b) any additional service bought under regulations 25 or 26 of the National Health Service (Superannuation) Regulations 1980 (purchase of added years of contributing service, and additional payments to reckon certain periods of service as contributing service at actual length, respectively).\nThis is subject to paragraphs (3) and (4).\n(3) The additional service referred to at paragraph (2)(a) will be calculated in accordance with—\n(a) paragraph (4), and as the case may be paragraph (8), of regulation Q1 of the 1995 Regulations, in the case of an election that had ceased and was paid for in full by the date referred to in paragraph (2)(a);\n(b) paragraphs (1), (4) and (5) (but not (6)) of regulation Q7 of the 1995 Regulations (part payment for additional service or unreduced retirement sum), in the case of an election that had ceased but had only partially been paid for at that date, or\n(c) paragraphs (1), (4) and (5) (but not (6)) of regulation Q7 of the 1995 Regulations, in the case of an election that remained in force immediately before that date.\nParagraph (3)(c) is subject to paragraph (7).\n(4) The additional service referred to at paragraph (2)(b) will be calculated in accordance with whichever of—\n(a) paragraph (3) or (4)(b) of regulation 25, or\n(b) paragraph (1) or (3)(b) of regulation 26,\nof the National Health Service (Superannuation) Regulations 1980 applies to the Optant.\n(5) The period of pensionable service which a 2008 Section Optant who is under age 60 on 1st October 2009 may count under this Section of the Scheme is a period equal in length to the period of additional service calculated in respect of that Optant in accordance with whichever of paragraph (3) or (4) apply to the Optant.\n(6) The period of pensionable service which a 2008 Section Optant who is age 60 or over on 1st October 2009 may count under this Section of the Scheme is the period found by—\n(a) first taking a period equal in length to the period of additional service (specified in days) calculated in respect of that Optant in accordance with whichever of paragraph (3) or (4) applies (“Period AS”), and\n(b) then multiplying Period AS by the factor specified by the Secretary of State for that purpose.\n(7) Where a member was buying additional service by means of additional contributions immediately before the date referred to in paragraph (2)(a), the member’s—\n(a) election to buy additional service will cease from that date, and\n(b) any additional contributions due under the election that are unpaid at that date will be deducted from the member’s pensionable pay in accordance with regulation 2.K.2(6) and (7).\n(8) For the purposes of calculating the Optant’s benefits under this Section of the Scheme the pensionable service that the Optant is entitled to count under paragraph (5) or, as the case may be, paragraph (6) of this regulation will be added to the pensionable service the member is entitled to count under—\n(a) regulation 2.K.3(3), if the member is under age 60 on 1st October 2009, or\n(b) regulation 2.K.3(4), if the member is age 60 or over on that date.\nThis is subject to regulation 2.K.18.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ch. 2K 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), 52"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1993 c. 48."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/653/regulation/2.K.5",
    "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."
}