Regulation 21 Flexibility earnings credit : adjustment of pension payableI1

England and Wales

(1)

Where pension benefits are payable under the old scheme, the amount payable is adjusted as follows.

(2)

As regards the element of pension payable under the old scheme in respect of service as an officer, the member is entitled only to the higher of—

(a)

the amount of pension actually payable under the old scheme in respect of service as an officer;

(b)

the amount of pension payable under the old scheme—

(i)

as if the member’s period of pensionable service as an officer were treated as pensionable service as a practitioner, and

(ii)

as though the uprated flexibility earnings credit were treated as pensionable earnings as a practitioner for that period,

and the provisions of paragraphs 9 and 11A of Schedule 2 to the 1995 Regulations^f1 and Part 4 of the 2008 Section do not apply.

Annotations

f1: Paragraph 11A was inserted by S.I. 2330/2322 and amended by S.I. 2009/2446.