Regulation 3.F.1 Introduction: rights to transfer value paymentF1

England and Wales

(1)

This Chapter supplements the rights conferred by or under F2Chapter 1 of Part 4ZA of the 1993 Act (transfer rights: general) and applies to practitioners.

(2)

This Chapter is without prejudice to that Chapter or F3Chapter 2 of that Part^f1 (early leavers: cash transfer sums and contribution refunds).

(3)

Accordingly—

(a)

a member to whom F4Chapter 1 of that Part applies (see F5section 93 of that Act) is entitled to require the payment of a transfer value in respect of the rights to benefit that have accrued to or in respect of the member under F6this Section of the Scheme, and

(b)

a member to whom F7Chapter 2 of that Part applies (see section 101AA(1) of that Act) is entitled to a cash transfer sum or a contribution refund in accordance with that Chapter.

(4)

Subject to paragraph (5) and the other provisions of this Chapter, any other member is entitled to require such a payment as if such rights had accrued to or in respect of him by reference to the pensionable service the member is entitled to count under this Section of the Scheme (and references in this Chapter to the member’s accrued rights or benefits are to be read accordingly).

(5)

Paragraph (4) does not—

(a)

give any rights to an active member,

(b)

give any rights to a pensioner member in respect of the pension to which the member has become entitled, or

(c)

give any rights to a pension credit member in respect of rights that are directly attributable to a pension credit.

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.F.1(1) substituted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 51(2) (with reg. 105)
F3: Words in reg. 3.F.1(2) substituted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 51(3) (with reg. 105)
F4: Words in reg. 3.F.1(3)(a) substituted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 51(4)(a) (with reg. 105)
F5: Words in reg. 3.F.1(3)(a) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2), 43
F6: Words in reg. 3.F.1 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
F7: Words in reg. 3.F.1(3)(b) substituted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 51(4)(b) (with reg. 105)

Footnotes

f1: Chapter 5 (sections 101AA to 101AI) is inserted by section 264 of the Pensions Act 2004 (c. 35).