Regulation 5 Notional pension and lump sum

There shall be ascribed to each person to whom these regulations apply a notional pension calculated on the same basis as a pension would have been calculated if he had been superannuable under the Regulations in respect of his reckonable service.

If the Secretary of State is unable to establish the amount of a person's remuneration, the remuneration to be taken into account in calculating the notional pension of that person shall be such amount as the Secretary of State may consider equitable having regard to all the relevant circumstances of the person's employment during the period of his reckonable service.

Where a person is receiving an official pension, the notional pension shall be reduced by an amount determined by the Secretary of State as representing that part of the official pension which is referable to his reckonable service.

Where the amount of a notional pension ascribed to any person does not exceed £26 a year, these regulations shall not apply to him unless he is receiving an official pension payable by the Secretary of State.

In calculating a notional pension in respect of a person to whom a notional pension was ascribed under the Pensions Increase (Approved Schemes) (National Health Service) Regulations 1968^f1, as amended^f2, any fraction of a pound shall be treated as a whole pound.

Notwithstanding the provisions of paragraph (1) of this regulation, the notional pension ascribed to a person under the Pensions Increase (Approved Schemes) (National Health Service) Regulations 1972^f3 prior to the coming into operation of these regulations shall be his notional pension for the purposes of these regulations.

Where a person to whom these regulations apply leaves employment in circumstances in which, if the Regulations had applied, he would have been awarded a lump sum retiring allowance which he would not have become entitled to receive until he—

a notional lump sum retiring allowance equal to 3 times the annual amount of the notional pension shall be ascribed to him.