# The National Health Service Pension Scheme Regulations 2015, Regulation 85: Effect of election


(1) This regulation applies if a member (M) makes an election under regulation 84.
(2) M is entitled—
(a) if M has reached normal pension age, to immediate payment of the specified percentage of the pension to which M would be entitled by virtue of regulation 73(1) if M had ceased to be employed in one or more employments on election day;
(b) if M has not reached normal pension age, to immediate payment of the specified percentage of the pension to which M would be entitled by virtue of regulation 79 if M had ceased to be employed in one or more employments on election day; and
(c) if the election specifies that M claims immediate payment of additional pension, to the additional pension subject—
(i) where sub-paragraph (a) applies, to an increase of the same amount as would be made in that pension pursuant to paragraph 2 of Schedule 13 if M had ceased to be employed on the election day; and
(ii) where sub-paragraph (b) applies, to a reduction of the same amount as would have been made in that pension pursuant to regulation 79 if M had so ceased to be employed.
(3) For the purposes of this Part—
(a) M is a pensioner member as respects—
(i) the pension to which M is immediately entitled as a result of making the election; and
(ii) the specified percentage of the pensionable service that pension represents, in respect of which M is an active member on the election day;
(b) if M continues in pensionable service after the election day, M is an active member as respects—
(i) the pensionable service after that day in which M continues; and
(ii) so much of the pensionable service in respect of which M is an active member as is not within sub-paragraph (a) (the unspecified service); and
(c) if M does not continue in pensionable service after the election day, M is a deferred member as respects the unspecified service.

---
Source: https://www.legislation.gov.uk/uksi/2015/94/regulation/85 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-2015/regulation-85
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.