{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.K.18",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.K.18.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.18",
  "kind": "regulation",
  "number": "3.K.18",
  "heading": "Transitional provision: Treatment of additional service and pensionable earnings in respect of Optants retiring on the grounds of ill-health",
  "text": "(1) This regulation applies to a 2008 Section Optant who, apart from this regulation, would be entitled to count a period of pensionable service determined in accordance with paragraph (3) of regulation 3.K.5.\n(2) If—\n(a) an Optant referred to in paragraph (1) 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) pursuant to regulation E2A of the 1995 Regulations (ill-health pension on early retirement);\n(b) that form and supporting medical evidence was received by the Secretary of State before the end of a period of one year commencing on the date on which the Optant commenced payment for a period of additional service under regulation Q6 of the 1995 Regulations as modified by paragraph (20) of Schedule 2 to the 1995 Regulations (paying for additional service or unreduced retirement lump sum by regular additional contributions); and\n(c) following a consideration of the form and medical evidence referred to in (a) that Optant becomes entitled to a tier 1 or tier 2 ill-health pension under regulation 3.D.7 within a period of one year beginning with the day on which the Optant’s option to join this Section of the Scheme is received,\nthat Optant will not be entitled to count a period of pensionable service under regulation 3.K.5 and—\n(i) an amount equal to the contributions (less any tax that may be payable) made by the Optant in respect that period of additional service shall be returned to the Optant in accordance with regulation Q7(2) of the 1995 Regulations (part payment for additional service or unreduced retirement sum); and\n(ii) paragraph (8) of regulation 3.K.5 will not apply.\n(3) If—\n(a) an Optant referred to in paragraph (1) 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) pursuant to regulation E2A of the 1995 Regulations;\n(b) that form and supporting medical evidence was received by the Secretary of State after a period of at least one year commencing on the date on which the Optant commenced payment for a period of additional service under regulation Q6 of the 1995 Regulations; and\n(c) following a consideration of the form and medical evidence referred to in (a) that Optant becomes entitled to a tier 1 or tier 2 ill-health pension under regulation 3.D.7 within a period of one year beginning with the day on which the Optant’s option to join this Section of the Scheme is received,\nin addition to the pensionable service that Optant is entitled to count under regulation 3.K.5, that Optant shall also be entitled to count a period of pensionable service determined under paragraph (4) of this regulation.\n(4) The period of pensionable service that an Optant is entitled to count under this regulation shall be a period of service equal to the difference between—\n(a) the period of service the Optant is entitled to count under regulation 3.K.5, and\n(b) the period of service the Optant elected to purchase under regulation Q1 of the 1995 Regulations as modified by paragraph 20 of Schedule 2 to the 1995 Regulations calculated in accordance with regulation Q7(3) of the 1995 Regulations as modified by paragraph 20 of Schedule 2 to the 1995 Regulations and as if the member had become entitled to a pension under regulation E2A of those Regulations on the day the Secretary of State received that Optant’s option to join this Section of the Scheme.\n(5) For the purposes of calculating the Optant’s benefits under this Section of the Scheme, the pensionable service the Optant is entitled to count under paragraph (4) of this regulation will be added to the service the member is entitled to count under regulation 3.K.3(3).",
  "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.18",
    "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."
}