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Regulation 3.F.11 Calculation of increase to pensionable earnings as the result of a transfer-inF1F10

England and Wales

(1)

The increase in pensionable earnings that the member is entitled to count under regulation 3.F.10 as the result of a transfer is calculated in accordance with guidance and tables provided by the Scheme actuary for the purpose by reference to any relevant factors as at the date on which the transfer payment is received by the Secretary of State.

This is subject to the following provisions of this regulation.

(F22)

Subject to paragraph (4), for the purposes of the calculation under paragraph (1), the benefits in respect of the transfer payment will be calculated by increasing the member’s pensionable earnings for—

(a)

the financial year in which the member joined this Section of the Scheme; or

(b)

the financial year in which the transfer payment is received if the payment is received more than 12 months after the day on which the member joined this Section of Scheme (“the starting day”).

(3)

The amount of the increase referred to in paragraph (2) will be calculated by––

(a)

treating the member as entitled to a period of officer service equal to the period of employment that qualified the member for the rights in respect of which the transfer payment is being made,

(b)

calculating the F3reckonable pay that would have given rise to a cash equivalent in respect of officer service under regulation 2.F.6 (calculating amounts of transfer value payments) F4equal to the amount of the transfer payment, and

(c)

increasing the member’s pensionable earnings by an amount equal to the pensionable pay that the member would have received during that period of officer service if the member’s pensionable pay had been equal to the F5reckonable pay mentioned in paragraph (b) throughout that period.

(4)

But F6paragraph (2)(b) does not apply if—

(a)

a written statement estimating the increase in pensionable earnings that the member would be entitled to count as a 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 increase in pensionable earnings 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 F7corresponding 2008 scheme, the increase in pensionable earnings the member is entitled to count is the increase 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 F8this Section of the Scheme, and

(b)

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

(F97)

In the case of a 2008 Section Optant, this regulation is subject to regulation 3.K.10.

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

Reg. 3.F.11(2) 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), 91(3)

F3

Word in reg. 3.F.11(3)(b) substituted (with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(6), 76(b) (with reg. 93)

F4

Words in reg. 3.F.11(3)(b) 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), 91(4)

F5

Word in reg. 3.F.11(3)(c) substituted (with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(6), 76(c) (with reg. 93)

F6

Words in reg. 3.F.11(4) 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), 76(d) (with reg. 93)

F7

Words in reg. 3.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), 76(e) (with reg. 93)

F8

Words in reg. 3.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

F9

Reg. 3.F.11(7) (previously omitted by virtue of S.I. 2008/2263, reg. 76(f)) 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), 91(5)

F10

Words in reg. 3.F.11 heading 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), 91(2)