Regulation 3.E.19 Amount of lump sum: dual capacity members: members with pensions under regulation 3.D.5F1

England and Wales

(1)

Paragraph (2) applies for determining the lump sum payable by virtue of this regulation on the death of a member who—

(a)

F2was an active member or a non-contributing member in service in an employment in respect of which the member has exercised the option under regulation 3.D.5 (partial retirement: members aged at least 55), and

(b)

F3was a pensioner member by virtue of being entitled to a pension under that regulation.

(F42)

The lump sum is an amount—

(a)

equal to the sum of—

(i)

in the case of a deceased active member, twice the appropriate fraction of the annual average of the member’s uprated earnings at the date of death, or

(ii)

in the case of a deceased non-contributing member, twice the appropriate fraction of the annual average of the member’s uprated earnings at the member’s last day of pensionable service, and

(F5b)

if the member had been entitled to any pensions under regulation 3.D.5 for less than 5 years, the lesser of—

(i)

the total of the guarantee amounts for each of those pensions (see paragraph (3)), and

(ii)

the aggregate lump sum cap (see paragraph (4));

(c)

in the case of a 2008 Section Optant, this is subject to paragraph (4) and regulation 3.K.22.

(3)

The guarantee amount for a pension under regulation 3.D.5 is five times the annual rate of the pension at the date of death, less the amount of the pension payments already made to the member in respect of the pension.

(F64)

The aggregate lump sum cap is equal to twice the appropriate fraction of the annual average of the member’s uprated earnings by reference to which the pension to which the member became entitled on last exercising the option under regulation 3.D.5 was calculated, less the total of any lump sums paid to the member—

(a)

in exchange for pensions under regulation 3.D.5 as a result of the member exercising the option under regulation 3.D.10, and

(b)

in the case of a 2008 Section Optant the lump sum paid to that Optant under regulation 3.K.11.

(5)

In this regulation “the appropriate fraction” means—

\frac{D P S}{T D P S}

where—

DPS is, where the member continues in pensionable service as an active member F7or a non-contributing member on the option day (or the last such option day if the option has been exercised more than once), the total percentage of the pension which does not form part of the specified percentage of pension at the option day, and
TDPS is the aggregate of DPS and the total percentage of the pension (at the option day or the last such option day if the option has been exercised more than once) which forms part of the specified percentage of pension.

Annotations

Textual amendments

F1: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F2: Words in reg. 3.E.19(1)(a) substituted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 78(a)(i) (with reg. 89)
F3: Word in reg. 3.E.19(1)(b) substituted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 78(a)(ii) (with reg. 89)
F4: Reg. 3.E.19(2) substituted (1.4.2009 with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2)(4), 78(b) (with reg. 89)
F5: Reg. 3.E.19(2)(b)(c) inserted (with effect from 1.4.2008) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2)(3), 85(2)
F6: Reg. 3.E.19(4) substituted (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), 85(3)
F7: Words in reg. 3.E.19(5) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 78(c) (with reg. 89)