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Regulation 3.K.7 Treatment of 2008 Section Optants to whom regulation L4(3) of the 1995 Regulations applied immediately before 1st April 2008F1F2

(1)

This regulation applies to a 2008 Section Optant—

(a)

whose benefits on retirement or death would, but for this regulation, be calculated in accordance with Chapters 3.D and 3.E; and

(b)

who, but for joining this Section of the Scheme, would otherwise have been entitled to have benefits on retirement or death calculated in accordance with regulation L4(3) of the 1995 Section (early leavers returning to pensionable employment).

(2)

For the purpose of calculating the benefits on retirement or death of a 2008 Section Optant referred to in paragraph (1), the Optant may, where it would be more beneficial to the Optant, be treated—

(a)

as a deferred member of this Section of the Scheme in respect of any period of practitioner service and pensionable earnings credited to that Optant under regulation 3.K.3 that relates to one or more periods of practitioner service in the 1995 Section that occurred before a break of 12 months or more in such service (“an earlier service credit”), and

(b)

as if the Optant became an active member for the first time on the first day of any period of practitioner service and pensionable earnings credited to that Optant under regulation 3.K.3 that relates to a period of pensionable service in the 1995 Section that occurred after a break of 12 months or more in such service.

This is subject to paragraph (3).

(3)

The Optant’s benefits in respect of an earlier service credit mentioned in paragraph (2)(a) shall be calculated—

(a)

separately, and

(b)

by reference to the member’s uprated earnings calculated in accordance with paragraph 11 of Schedule 2 to the 1995 Regulations (normal retirement pension) in respect of that particular period.

This is subject to regulation 3.D.7(5)(b)(ii).

Annotations

Textual amendments

F1

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

F2

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