Regulation 38A Entitlement to additional retirement benefitsF1
This regulation applies to or in respect of a member of the old scheme (M) who—
became an active member of the 2008 Section pursuant to regulation 2.B.4 or 3.B.4 of the 2008 Regulations (joining this Section of the Scheme) for the first time on 1st April 2012; and
was born on or before 31st August 1960.
Where, on the coming into force of regulations 12 and 18 of the National Health Service Pension Schemes (Amendment) Regulations 2025 (amendment of regulations 2.B.1 and 3.B.1 of the 2008 Regulations (eligibility: general))—
the aggregate of the benefits that have been paid or would have become payable (but for the application of regulation 12 or 18) under the 2008 Section to any person (“the beneficiary”) in respect of, or associated with M’s pensionable service for the period beginning with 1st April 2015 and ending with 31st March 2022 exceeds
the aggregate of the benefits to which the beneficiary is entitled or becomes entitled under the new scheme in respect of, or associated with M’s pensionable service for that period,
the scheme manager of the new scheme must pay an amount equal to the difference to the beneficiary or if the beneficiary is deceased, that beneficiary’s personal representatives.
Annotations
Textual amendments
- F1
Reg. 38A inserted (1.4.2025) by The National Health Service Pension Schemes (Amendment) Regulations 2025 (S.I. 2025/316), regs. 1(2), 36