{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.K.3",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.K.3.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.3",
  "kind": "regulation",
  "number": "3.K.3",
  "heading": "Service and pensionable earnings credited from the 1995 Section",
  "text": "(1) A 2008 Section Optant who—\n(a) becomes a member of this Section of the Scheme, and\n(b) is not entitled to a pension under regulation E2A of the 1995 Regulations (ill-health pension on early retirement),\nis entitled to count the following service under this Section of the Scheme.\n(2) The member may count as qualifying service a period equal in length to the period of qualifying service up to, and including, 31st March 2008 which the member was entitled to count under the 1995 Section (but not exceeding 45 years).\n(3) The pensionable earnings and service which a 2008 Section Optant who is under age 60 on 1st October 2009 may count is an amount equal to the amount of pensionable earnings for practitioner service up to, and including, 31st March 2008 which the Optant was entitled to count under regulation C2 of the 1995 Regulations (meaning of pensionable service).\nThis is subject to paragraph (9) and regulation 3.K.11.\n(4) The pensionable earnings and service which a 2008 Section Optant who is age 60 or over on 1st October 2009 may count is an amount equal to the amount of pensionable earnings for practitioner service up to, and including, 31st March 2008 which the Optant was entitled to count under regulation C2 of the 1995 Regulations multiplied by the factor specified in paragraph (8) applicable to the case.\nThis is subject to paragraphs (5), (8), (9) and (10) and regulation 3.K.11.\n(5) In determining the amounts of pensionable earnings up to, and including, 31st March 2008 in paragraph (3) or (4), the Secretary of State shall have regard to—\n(a) the pensionable earnings for any scheme year recorded by the Optant’s host ... Board;\n(b) the pensionable earnings for any scheme year certified by the Optant in accordance with paragraph 23 of Schedule 2 to the 1995 Regulations.\nThis is subject to paragraph (6).\n(6) If, in respect of any particular scheme year, the pensionable earnings referred to in paragraph (5)(a) or (b) are not available, the Secretary of State shall determine the pensionable earnings for that scheme year and in doing so shall have regard to—\n(a) the contributions paid in accordance with regulation D1 of the 1995 Regulations (as modified by paragraph 10 of Schedule 2 to those Regulations) (contributions by members) or regulation 3.C.1, or\n(b) the figure supplied by the host ... Board.\nThis is subject to paragraph (7).\n(7) If—\n(a) the Secretary of State has made a determination of pensionable earnings in accordance with paragraph (6), and\n(b) the pensionable earnings referred to in paragraph (5) that were not available to the Secretary of State at the time of that determination, subsequently become available,\nthe Secretary of State shall revise that determination accordingly.\n(8) The factor referred to in paragraph (4) is the factor specified by the Secretary of State for that purpose.\n(9) For the purposes of paragraphs (3) and (4) the pensionable earnings for practitioner service which the 2008 Section Optant was entitled to count under regulation C2 of the 1995 Regulations shall not include any pensionable service the Optant was entitled to count under regulation C2(1)(e) of that Section.\n(10) When a 2008 Section Optant becomes a member of this Section of the Scheme under this Part all rights in respect of that Optant under the 1995 Section are extinguished.",
  "extent": "E+W",
  "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"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 3.K.3 omitted (1.4.2013) by virtue of The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 76"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/653/regulation/3.K.3",
    "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."
}