{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.K.10",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.K.10.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/3.K.10",
  "kind": "regulation",
  "number": "3.K.10",
  "heading": "Transfers in: transitional provision",
  "text": "(1) This regulation applies to a 2008 Section Optant who—\n(a) commenced a period of pensionable service as a practitioner member in the 1995 Section on, or after, 1st April 2008, and\n(b) within one year of the commencement of that service makes an application to transfer accrued rights to benefits to the 1995 Section under regulation N1 of the 1995 Regulations (member’s right to transfer accrued rights to benefits to this Section of the Scheme).\n(2) If—\n(a) the Secretary of State accepts the transfer payment in respect of the application referred to in paragraph (1) in accordance with regulation N1(4) of the 1995 Regulations, and\n(b) that payment is received by the Secretary of State before the day on which the person’s option to join this Section of the Scheme is received,\nthe increase to pensionable earnings that the Optant is entitled to count in respect of that transfer payment for the purposes of calculating benefits payable to or in respect of the Optant under this Section of the Scheme will be calculated as described in paragraph (4) and the period of pensionable service that Optant is entitled to count will be calculated as described in paragraph (5).\n(3) If the transfer payment in respect of an application referred to in paragraph (1) is received by the Secretary of State on, or after, the day on which the person’s option to join this Section of the Scheme is received—\n(a) the Secretary of State may accept that payment under this Section of the Scheme—\n(i) without requiring the Optant to make an application under regulation 3.F.8, and\n(ii) subject to such other conditions as the Secretary of State may require, and\n(b) if the Secretary of State accepts the payment, the increase to pensionable earnings that the Optant is entitled to count in respect of that payment for the purposes of calculating benefits payable to or in respect of that Optant under this Section of the Scheme will be calculated as described in paragraph (4) and the period of pensionable service that Optant is entitled to count will be calculated as described in paragraph (5).\n(4) The increase to pensionable earnings that the Optant is entitled to count for the purposes of calculating benefits payable to, or in respect of, the Optant under this Section of the Scheme—\n(a) will be calculated in accordance with regulation 3.F.11,\n(b) the financial year in which the member joined this Section of the Scheme for the purposes of regulation 3.F.11(2)(a) will be the financial year in which the Optant’s pensionable service referred to in paragraph (1) commenced,\n(c) the starting day for the purpose of regulations 3.F.11(2)(b) and 3.F.11(4) will be the day that the member’s pensionable service referred to in paragraph (1) commenced.\nThis is subject to paragraph (6)\n(5) The period of pensionable service that the Optant is entitled to count for the purpose of determining whether or not the member has reached 45 years of pensionable service for the purposes of regulation 3.A.3 will be the relevant period calculated in accordance with regulation 3.F.10.\n(6) If the transfer value payment is accepted by the Secretary of State under the public sector transfer arrangements—\n(a) regulation 3.F.12 shall apply to the Optant in respect of the increase to pensionable earnings that the Optant is entitled to count under this regulation, and\n(b) the reference in regulation 3.F.12(2) to the increase to pensionable earnings that the member is entitled to count under regulation 3.F.10(2)(a) shall be read as a reference to the increase to pensionable earnings the Optant is entitled to count under paragraph (4) of this regulation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Ch. 3K 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), 94"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/653/regulation/3.K.10",
    "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."
}