# The National Health Service Pension Scheme Regulations 2008, Regulation 3.K.13: 2008 Section Optants: Transitional Tier 2 ill-health pension


(1) This regulation applies to a 2008 Section Optant—
(a) who has submitted a form AW33E (or such other form as the Secretary of State was willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation E2A of the 1995 Regulations (ill-health pension on early retirement), and
(b) that form and supporting medical evidence was received by the Secretary of State before the date on which the Secretary of State received the Optant’s option to join this Section of the Scheme.
(2) If the Optant referred to in paragraph (1) becomes entitled to a pension under regulation 3.D.7(3) (“a tier 2 ill-health pension”) within a period of one year beginning with the day on which that Optant’s option to join this Section of the Scheme is received—
(a) that Optant’s pensionable service shall be increased by the enhancement period determined in accordance with paragraph (3) of this regulation (“the transitional enhancement period”), and
(b) the transitional enhancement period shall apply to that Optant’s service in place of the enhancement period that, apart from this regulation, would otherwise apply to the Optant’s service under regulation 3.D.7(6).
This is subject to paragraph (5).
(3) In this regulation—
(a) “the transitional enhancement period” means two-thirds of the Optant’s assumed pensionable service, and
(b) “the Optant’s assumed pensionable service” means the further pensionable service that the Optant could have counted if the Optant had continued in service until reaching the age of 60.
This is subject to paragraph (4).
(4) If the transitional enhancement period determined under paragraph (3) is less than four years pensionable service, the transitional enhancement period by which the Optant’s pensionable service is increased shall be the lesser of—
(a) four years pensionable service, and
(b) the pensionable service the Optant could have counted if the Optant had continued in service until reaching the age of 60.
(5) In the case of an Optant to whom this regulation applies, references to the “enhancement period” in regulation 3.D.7 are to be read as references to the “transitional enhancement period” determined under this regulation.

---
Source: https://www.legislation.gov.uk/uksi/2008/653/regulation/3.K.13 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.K.13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.