(1) This regulation applies if benefits under the old scheme payable to or in respect of a non-pensionable old scheme member are to be calculated by reference to that member’s final salary as determined in accordance with Schedule 7 to the 2014 Act (“the member’s final salary link”).

(2) Where this regulation applies, the benefits under the old scheme payable to or in respect of the member may be calculated without reference to the member’s final salary linkif it would be more beneficial to the member or other beneficiary to do so.

Uprating of old scheme practitioner earnings

Flexibility earnings credit: calculation

Flexibility earnings credit: uprating

Flexibility earnings credit: adjustment of pension payable

Variations to lump sums for 1995 and 2008 pensioners joining new scheme (pensioners who have taken a partial retirement pension)

35A

(1) This regulation applies to persons falling in Groups 1 to 4, 6, 7, 9 and 10 in the table at paragraph 1 of Schedule 1 and Groups 1 to 4, 6 and 7 in the table at paragraph 2 of Schedule 1 who have taken a partial retirement pension.

(2) Where this regulation applies the lump sum payable on the death of an active member in place of any lump sum otherwise payable in respect of that member under regulation 111(a) of the 2015 Regulations and regulation 85(2)(a) or regulation 193A(2)(a) of the 2008 Regulations are the lump sums found under—

(a) paragraph (3), is not a non-pensionable old scheme member and has taken an old scheme partial retirement pension but has not taken a new scheme partial retirement pension; ...

(b) paragraph (4), if the member has taken a new scheme partial retirement pension.

(aa) paragraph (3A) if the member is a non-pensionable old scheme member and has taken an old scheme partial retirement pension but has not taken a new scheme partial retirement pension;

(3) Where paragraph (2)(a) applies, the lump sum is an amount equal to the appropriate fraction of an amount that is the better of—

(a) twice the member’s relevant earnings calculated in accordance with paragraph 7(2)(a)(i) of Schedule 12 to the 2015 Regulations (death of a partial retirement pensioner); and

(b) twice the member’s re-valued pensionable earnings for the scheme year falling in the earnings reference period which has the largest re-valued pensionable earnings calculated in accordance with paragraph 7(2)(a)(ii) of Schedule 12 (lump sum on death) to the 2015 Regulations, that Schedule.

(3A) Where paragraph (2)(aa) applies, the lump sum is an amount equal to the appropriate fraction of either—

(a) the lump sum on death found in column 2 of Part 1 of Table 2 (non-pensionable old scheme member entitlements) in regulation 38(1A)(death in service) if the member is a non-pensionable 1995 Section member; or

(b) the lump sum on death found in column 2 of Part 2 of that Table if the member is a non-pensionable 2008 Section member.

(4) Where paragraph (2)(b) applies, the lump sum is an amount determined by the scheme manager after taking advice from the scheme actuary.

(5) In this regulation—

“appropriate fraction” means—

DPS / TDPSwhere—DPS is, where the member continues in pensionable service as an active member of the 2015 Scheme on the option day (or the last such option day if the option has been exercised more than once), the total number of days of pensionable service in that Scheme and this Section of the scheme which do not relate to the specified percentage of pension at the option day; andTDPS is the aggregate of DPS and the total number of days of pensionable service (at the option day or the last such option day if the option has been exercised more than once) which relate to the specified percentage of pension payable;

“old scheme partial retirement pension” means a pension under—regulation 16A of the 1995 Regulations; orregulation 49 or 180 of the 2008 Regulations (whichever applies);

“option day” has the meaning given in—paragraph (11) of regulation 16A of the 1995 Regulations in the case of a member who has taken a partial retirement pension under that regulation;paragraph (8) of regulation 49 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation; andparagraph (7)(b)(ii) of regulation 180 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation; and

“specified percentage of pension” has the meaning given in—paragraph (4) of regulation 16A of the 1995 Regulations in the case of a member who has taken a partial retirement pension under that regulation;paragraph (4) of regulation 49 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation; andparagraph (3) of regulation 180 of the 2008 Regulations in the case of a member who has taken a partial retirement pension under that regulation.

Abatement

Abatement: special classes

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