{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2015/regulation-94",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2015/regulation-94.json",
  "legislation": "uksi/2015/94",
  "legislation_title": "The National Health Service Pension Scheme Regulations 2015",
  "legislation_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2015",
  "path": "regulation/94",
  "kind": "regulation",
  "number": "94",
  "heading": "Early retirement on ill-health (deferred members)",
  "text": "(1) A deferred member (DM) is entitled to immediate payment of a pension if—\n(a) DM is not in NHS employment;\n(b) DM has not attained normal pension age;\n(c) the scheme manager is satisfied that DM suffers from physical or mental infirmity as a result of which DM is permanently incapable of engaging in regular employment of like duration; and\n(d) DM claims payment of the pension.\n(2) DM is entitled to immediate payment of a pension if—\n(a) DM is in NHS employment;\n(b) DM has not attained normal pension age;\n(c) the scheme manager is satisfied that DM—\n(i) is not within paragraph (1); but\n(ii) suffers from a physical or mental infirmity as a result of which DM is permanently incapable of discharging the duties of DM's employment efficiently; and\n(d) DM leaves the employment and claims payment of the pension.\n(3) The amount of a pension payable under this regulation is found by applying regulation 92(1) as if—\n(a) a reference to M is a reference to DM; and\n(b) the pension under this regulation is a Tier 1 IHP.\n(4) Regulation 91 applies for the purposes of this regulation as if—\n(a) a reference to M is a reference to DM; and\n(b) a reference to regular employment of like duration is a reference to such employment for the purposes of paragraph (1)(c).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 94(2)(c)(i) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 67 (with reg. 105)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/94/regulation/94",
    "retrieved_at": "2026-10-28T23:49:26.680467+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."
}