Regulation 3.G.3 Exception to general rule in 3.G.2F1

England and Wales

(1)

The general rule in regulation 3.G.2 does not apply if—

(a)

at the time that the member first becomes entitled to a pension under F2this Section of the Scheme in respect of the earlier service or the later service, or

(b)

if it is earlier, at the time of the member’s death,

in the opinion of the Secretary of State the benefits payable to or in respect of the member would be more valuable if that general rule were disregarded.

(2)

Accordingly, in a case within paragraph (1)—

(a)

the member’s pensionable service in respect of the earlier service and the later service are treated as one single continuous period,

(b)

the member’s qualifying service in respect of the earlier service and the later service are each treated as one single continuous period,

(c)

the member is not treated as a deferred member in respect of the earlier service, and

(d)

the member’s pensionable earnings in respect of the later period may be determined by reference to the earlier period as well as the later period (as a result of regulation 3.A.4 (5)).

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.G.3(1)(a) 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