# The National Health Service Pension Scheme Regulations 2008, Regulation 3.K.5: Treatment of Additional Service and pensionable earnings


(1) A 2008 Section Optant—
(a) who becomes a member of this Section of the Scheme, and
(b) is buying or has already bought a period of additional service that counts as pensionable service under regulation C2(1)(e) of the 1995 Section (meaning of pensionable service),
will be able to count an additional amount of pensionable earnings for that pensionable service in this Section of the Scheme as described in whichever of paragraphs (5) or (6) apply to that Optant.
(2) The additional pensionable earnings referred to in paragraph (1) are—
(a) any additional pensionable earnings bought under regulation Q1, as modified by paragraph 20(2) of Schedule 2 to the 1995 Regulations (right to buy additional service) before the date that person’s option to join this Section of the Scheme was received by the Secretary of State in accordance with regulation 3.K.2, and
(b) any additional pensionable earnings bought under regulation 25 of the National Health Service (Superannuation) Regulations 1980 (purchase of added years of contributing service).
This is subject to paragraphs (3) and (4).
(3) The additional pensionable earnings referred to at paragraph (2)(a) will be calculated in accordance with—
(a) paragraph (4) of regulation Q1, as modified by paragraph 20(2) or, as the case may be, paragraph 20(4) of Schedule 2 to the 1995 Regulations, in the case of an election that had ceased and was paid for in full by the date referred to paragraph (2)(a),
(b) paragraphs (1), (4) and (5) (but not (6)) of regulation Q7 of those Regulations (part payment for additional service or unreduced retirement sum), in the case of an election that had ceased but had only partially been paid for at that date, or
(c) paragraphs (1), (4) and (5) (but not (6)) of regulation Q7 of those Regulations, in the case of an election that remained in force immediately before that date.
Paragraph (3)(c) is subject to paragraph (7).
(4) The additional pensionable earnings referred to at paragraph (2)(b) will be calculated in accordance with whichever of paragraph (3) or (4)(b) of regulation 25 of the National Health Service (Superannuation) Regulations 1980 applies to the Optant.
(5) The additional pensionable earnings which a 2008 Section Optant who is under age 60 on 1st October 2009 may count under this Section of the Scheme is an amount equal to the amount of additional pensionable earnings calculated in respect of that Optant in accordance with whichever of paragraph (3) or paragraph (4) applies.
(6) The additional pensionable earnings which a 2008 Section Optant who is age 60 or over on 1st October 2009 may count under this Section of the Scheme are the pensionable earnings found by—
(a) first taking the additional pensionable earnings calculated in respect of that Optant in accordance with whichever of paragraph (3) or (4) applies (“APE”), and
(b) then multiplying APE by the factor specified by the Secretary of State for that purpose.
(7) Where a member was buying additional service by means of regular additional contributions immediately before the date referred to in paragraph (2)(a), the member’s—
(a) election to buy additional service will cease from that date, and
(b) any additional contributions due under the election that are unpaid at that date will be deducted from the member’s pensionable pay in accordance with regulation 3.K.2 (6) and (7).
(8) For the purposes of calculating the Optant’s benefits under this Section of the Scheme the additional pensionable earnings that the Optant is entitled to count under paragraph (5) or as the case may be paragraph (6) of this regulation will be added to the amount of pensionable earnings the member is entitled to count under—
(a) regulation 3.K.3(3), if the member is under age 60 on 1st October 2009, or
(b) regulation 3.K.3(4), if the member is age 60 or over on that date.
This is subject to regulation 3.K.18.

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Source: https://www.legislation.gov.uk/uksi/2008/653/regulation/3.K.5 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.K.5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.