Regulation 100 Retirement benefits for members with more than one employment

(1)

This regulation applies to a member (M) who is in receipt of pensionable earnings in respect of two or more employments each of which is attributable to M belonging to any of groups A to C in the table in regulation 27(1).

(2)

Subject to paragraphs (4) and (5), M does not become entitled to a pension under any of the regulations specified in paragraph (3) until—

(a)

the termination of all of M's NHS employments (including employment as a practitioner), or

(b)

M reaches the age of 75.

(3)

The regulations are—

(a)

regulation 73;

(b)

regulation 79;

(c)

regulation 81;

(d)

regulation 82;

(e)

regulations 90 to 97.

(4)

Paragraph (5) applies if M—

(a)

leaves employment (“past employment”) with one employing authority; and

(b)

in relation to the past employment, becomes entitled to a pension under regulation 81 or 82.

(5)

M may elect—

(a)

to take benefits only in respect of the past employment; and

(b)

to continue to accrue rights in respect of any other continuing pensionable employment.

(6)

If M elects as mentioned in paragraph (5), paragraph (2) applies in relation to an employment in respect of which M continues to accrue rights to benefits.

(7)

Chapter 7 of Part 5 applies if M becomes entitled to a pension under paragraph (5) while continuing in other NHS employment.

(8)

Paragraphs (9) and (10) apply if—

(a)

M becomes entitled to a pension under regulation 81 or 82; and

(b)

terminated concurrent employment as a practitioner not more than 12 months before becoming entitled to the pension.

(9)

M is not entitled to receive a pension under regulation 81 or 82 in respect of any employment as practitioner, but is entitled only to receive a pension in respect of that employment pursuant to regulation 73 or 79.

(10)

M may exercise a right to transfer out under Section 2 of Chapter 2 of Part 7 only if M leaves all pensionable service—

(a)

before reaching normal pension age; and

(b)

before becoming entitled to a pension under this scheme.