# The National Health Service Pension Scheme Regulations 2008, Regulation 3.K.17: Late payment of pension with actuarial increase for a 2008 Section Optant


(1) This regulation applies if a 2008 Section Optant becomes entitled to immediate payment of a pension under regulation 3.D.1 after reaching the age of 65.
(2) In the case of an Optant to whom paragraph (1) applies so much of the amount of the pension as is attributable to—
(a) the pensionable service and earnings that Optant is entitled to count under—
(i) regulation 3.K.3,
(ii) regulation 3.K.5 (if any), and
(iii) this Section of the Scheme on or after 1st April 2008 but before reaching the age of 65, and
(b) any contributions paid under regulations 3.C.6, 3.C.8 or 3.C.9 before reaching that age,
shall be increased in accordance with paragraph (4).
This is subject to paragraph (6).
(3) In paragraph (2) the reference to the amount of the pension is to the amount of pension—
(a) before that pension had been reduced in accordance with regulation 3.K.11, and
(b) before any commutation under regulation 3.D.10.
(4) The amount of the increase referred to in paragraph (2) must be calculated in accordance with guidance and tables provided by the Scheme actuary to the Secretary of State for the purposes of this regulation.
(5) In preparing that guidance and those tables the Scheme actuary must use such factors as the Scheme actuary considers appropriate, having regard, in particular, to—
(a) the period after reaching the age of 65 before the Optant becomes entitled to immediate payment of the pension, and
(b) the life expectancy of the Optant .
(6) The increase shall apply to the Optant’s pension in place of the actuarial increase that, apart from this regulation, would otherwise apply to the Optant’s pension under regulation 3.D.3.

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Source: https://www.legislation.gov.uk/uksi/2008/653/regulation/3.K.17 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.K.17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.