The National Health Service Pension Scheme Regulations 1995

• (1) A man who wishes to pay for an unreduced retirement lump sum by a single payment must elect to do so within 12 months after getting married, or, if he is not then a member, within 12 months of first rejoining this Section of the scheme after getting married.

• (2) A woman who wishes to pay for an unreduced retirement lump sum by a single payment must elect to do so within 12 months after nominating her husband to receive a dependent widower’s pension under regulation G8 (dependent widower’s pension).

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) A member who has a scheme partner who wishes to pay for an unreduced lump sum by a single payment must elect to do so within 12 months after applying for the member’s scheme partner to receive a dependent surviving scheme partner’s pension under regulation G15.

• (3) The amount of a single payment for an unreduced retirement lump sum will be calculated in accordance with Table 2 of Schedule 1.

• (4) For the purposes of Table 2 of Schedule 1, “remuneration" means, subject to paragraph (5), the same as in regulation Q4(4) and (5) (meaning of remuneration for the purposes of Table 1 of Schedule 1).

• (5) In the case of a member who elects to buy an unreduced retirement lump sum but who is no longer required to contribute under regulation D1 )contributions by members) because regulation D1(3) or (4) applies’ “remuneration" means the amount to which a pension equal to the member’s final year’s pensionable pay and beginning on the day on which regulation D1(3) or (4) started to apply would have been increased under Part I of the Pensions (Increase) Act 1971 at the date of the election to buy the unreduced retirement lump sum.

• (6) The member must make any single payment for an unreduced retirement lump sum within 3 months after electing to do so or, if later, within 6 months after starting pensionable employment.

Paying for additional service or unreduced retirement lump sum by regular additional contributions

Q6

• (1) A member who wishes to pay for additional service or an unreduced retirement lump sum by regular additional contributions must elect to do so before reaching age 63.

• (2) Any such regular additional contributions shall be deducted from the members earnings, and paid to the Secretary of State, in like manner as under regulation D1(5) (contributions by members).

• (3) Subject to paragraph (4), the member must pay the regular additional contributions from his next birthday following the date on which he elects to buy the additional service or unreduced retirement lump sum until either his 60th or 65th birthday, whichever the member chooses (“the chosen date").

• (4) The period for which a member elects to pay regular additional contributions must be at least 2 years.

• (5) The regular additional contributions will be calculated as a percentage of the member’s pensionable pay, in accordance with Table 3 of Schedule 1 (if the member is buying additional service) or Table 4 of Schedule 1 (if the member is buying an unreduced retirement lump sum).

• (6) The member’s total regular contributions to this Section ofthe scheme before 1st April 2008, including contributions under regulation D1 may not exceed 15 per cent. of pensionable pay, or any other limit specified for the time being by HM Revenue and Customs.

• (6A) The member’s total regular additional contributions made on or after 1st April under this regulation may not exceed—

• (a) in the case of a member paying contributions of 5 per cent of the member’s pensionable pay under regulation D1 on the member’s birthday immediately following the date of the election referred to in paragraph (3), 10 per cent of pensionable pay;

• (b) in the case of a member paying contributions of more than 5 per cent of the member’s pensionable pay under regulation D1 on the birthday referred to in (a), 9 per cent of pensionable pay, or

• (c) in any case referred to in (a) or (b) above, any other limit specified for the time being by HM Revenue and Customs.

• (7) Where a person elects to buy additional service in the circumstances described in regulation Q1(9), the cost will be calculated as one–half of the cost calculated in accordance with Table 3 of Schedule 1.

• (8) If a member who has elected to pay for additional service or unreduced retirement lump sum by regular additional contributions stops paying the contributions before the chosen date under paragraph (3), regulation Q7 (part payment for additional service or unreduced retirement lump sum) will apply.

Part payment for additional service or unreduced retirement sum

Q7

• (1) If a member who is paying for additional service or unreduced retirement lump sum by regular additional contributions stops paying before the chosen date under regulation Q6(3), the member’s benefits will be calculated as described in this regulation.

• (2) If, within 12 months after starting to pay the additional contributions, the member dies in pensionable employment or makes an application for a pension under regulation E2 or E2A which subsequently becomes payable, an amount equal to the contributions (less any tax that may be payable) will be returned to the member or the member’s personal representatives.

• (3) If, 12 months or more after starting to pay the additional contributions, the member dies in pensionable employment or becomes entitled to a pension under regulation E2 or E2A prior to his attaining the age of 60, the additional contributions shall be deemed to have been paid and the member’s benefits will be increased to include the additional service or unreduced retirement lump sum that the member has chosen to buy.

• (4) If neither of paragraphs (2) or (3) apply, the member’s benefits will include a proportion of the additional service or unreduced retirement lump sum that the member has chosen to buy, calculated as described in paragraph (5).

• (5) Subject to paragraph (6) the proportion will be calculated as—

$periodforwhichcontributionswerepaidperiodforwhichcontributionsshouldhavebeenpaid$

• (6) If the member becomes entitled to receive benefits before the chosen date under regulation Q6(3), the proportion of additional service or unreduced retirement lump sum to be credited to the member will be—

• (a) calculated as described in paragraph (5), and

• (b) then reduced by reason of the early payment of the pension and the lump sum by such amounts as the Secretary of State, after taking the advice of the Scheme Actuary, shall determine.

Option to pay additional periodical contributions to purchase additional pension

Q8

• (1) A member who is in pensionable employment may opt to make additional periodical contributions during the contribution option period to increase by a specified amount—

• (a) the benefits payable to the member under Parts E, L and S (including if a member dies after a pension becomes payable, the benefits paid to a surviving partner and dependent children at the same rate as the member’s pension for three to six months under Part S, G and H); or

• (b) those benefits and the benefits otherwise payable in respect of surviving partners and dependent children under Parts S, G and H.

• (2) A member may exercise the option under paragraph (1) more than once.

• (3) If a member exercises an option under paragraph (1), the member’s employing authority must—

• (a) deduct the member’s contributions from the member’s earnings; and

• (b) pay them to the Secretary of State not later than the 19th day of the month following the month in which the earnings were paid.

• (4) The annual amount of the periodical contributions payable at the beginning of the contribution option period must not be—

• (a) an amount less than the minimum amount; or

• (b) an amount other than a multiple of the minimum amount.

• (5) In paragraph (4) “the minimum amount” means the amount that would, in accordance with tables prepared for the Secretary of State by the Scheme Actuary for the Scheme year in which the contributions are paid, be the amount of the contributions required to secure an increase in the member’s pension of—

• (a) £250; or

• (b) such other amount as the Secretary of State may for the time being determine assuming that the contributions are made in accordance with the option for the remainder of the option period.

• (6) The tables referred to in paragraph (5)—

• (a) may specify different amounts for different descriptions of members; and

• (b) may be amended during a Scheme year,

but no such amendment affects the contributions payable under any option during that year, except an option under which contributions begin to be paid after the date on which the amendment takes effect.

• (7) The total increase in the member’s pension as a result of contributions made under this regulation, taken together with any increase as a result of—

• (a) contributions made under regulation Q10; or

• (b) contributions made under regulation Q11,

may not exceed £5000 or such other amount as the Secretary of State may for the time being determine.

• (8) In these Regulations “the contribution option period”, in relation to an option under this regulation, means a period of whole years, that—

• (a) is specified in the option;

• (b) begins with the pay period in respect of which the first contribution is made under the option;

• (c) is not less than 1 year nor more than 20 years; and

• (d) does not end later than the member’s chosen birthday as specified in the option

• (9) For the purposes of this part, a member’s “chosen birthday” must be either the member’s 60th or 65th birthday.

Effect of member being absent or leaving and rejoining this Section of the Scheme during the contribution option period

Q9

• (1) This paragraph applies if during the contribution option period a member who has exercised the option under regulation Q8—

• (a) is absent from work for any of the reasons described in regulation P1(1); or

• (b) is on a leave of absence in accordance with regulation P2.

• (2) If paragraph (1) applies—

• (a) the contributions under the option continue to be payable unless the member ceases paying contributions under regulation D1; and

• (b) where the member does so cease, the member may continue to make contributions in accordance with the option if the member resumes making contributions under regulation D1 before the end of the period of 12 months beginning with the day on which the member first ceased to pay those contributions.

• (3) This paragraph applies if a member—

• (a) exercises the option under regulation Q8;

• (b) leaves pensionable employment during the contribution option period; and

• (c) returns to pensionable employment within 12 months of leaving.

• (4) If paragraph (3) applies, the member may continue to make contributions in accordance with the option after returning to pensionable employment unless a refund of contributions has been made to the member under regulation L2.

• (5) For the purposes of paragraph (4) it does not matter whether the member has paid any of the repaid contributions to the Secretary of State in accordance with regulation L4(5) (early leavers returning to pensionable employment).

Members option to pay lump sum contributions to purchase additional pension

Q10

• (1) A member who is in pensionable employment may opt to make a single lump sum contribution to increase by a specified amount—

• (a) the benefits payable to the member under parts E, L and S (including if a member dies after a pension becomes payable, the benefits paid to a surviving partner and dependent children at the same rate as the member’s pension for three to six months under Part S, G and H); or

• (b) those benefits and the benefits otherwise payable in respect of surviving partners and dependent children under Parts S, G and H.

• (2) A member may only make a contribution under this regulation of an amount—

• (a) that is not less than the minimum amount; or

• (b) a multiple of that amount.

• (3) In paragraph (2) “the minimum amount” means the amount that is, in accordance with tables prepared for the Secretary of State by the Scheme Actuary, the amount of the single contribution required at the time that the option is exercised to secure an increase in the member’s pension of—

• (a) £250, or

• (b) such other amount as the Secretary of State may for the time being determine.

• (4) A member may exercise the option under paragraph (1) more than once.

• (5) If a member exercises an option under paragraph (1) the additional contribution is payable by the member to the employing authority—

• (a) by deduction from the member’s earnings or otherwise; and

• (b) before the end of the period of 1 month beginning with the day on which the member is notified by the Secretary of State that the option is accepted; and

• (c) the employing authority must pay the additional contribution to the Secretary of State not later than the 19th day of the month following the month in which the earnings were paid or, as the case may be, the authority received payment of the contribution.

• (6) The total increase in the member’s pension as a result of contributions made under this regulation, taken together with any increase as a result of—

• (a) contributions made under regulation Q8; or

• (b) contributions made under regulation Q11,

may not exceed £5000 or such other amount as the Secretary of State may for the time being determine.

Payment of additional lump sum contributions by employing authority

Q11

• (1) The employing authority of a member who is in pensionable employment may opt to make a single lump sum contribution to increase by a specified amount—

• (a) the benefits payable to the member under parts E, L and S (including, if a member dies after a pension becomes payable, the benefits paid to a surviving partner and dependent children at the same rate as the member’s pension for three to six months under Part S, G and H); or

• (b) those benefits and the benefits otherwise payable in respect of surviving partners and dependent children under Parts S, G and H.

• (2) An employing authority may only make a contribution under this regulation of an amount—

• (a) that is not less than the minimum amount (as defined in regulation Q10(3)); or

• (b) a multiple of that amount.

• (3) An employing authority may only exercise the option under paragraph (1) with the member’s consent, but may exercise it more than once in respect of the same member.

• (4) The total increase in the member’s pension as a result of contributions made under this regulation, taken together with any increase as a result of—

• (a) contributions made under regulation Q8; or

• (b) contributions made under regulation Q10,

may not exceed £5000 or such other amount as the Secretary of State may for the time being determine.

• (5) A contribution under this regulation must be paid by the employing authority to the Secretary of State within one month of the date on which the authority gave the Secretary of State notice under regulation Q12(2).

Exercise of options under regulations Q8, Q10 and Q11

Q12

• (1) A member exercising an option under regulation Q8 or Q10 must do so by giving notice in writing to the employing authority, giving such information as may be required.

• (2) An employing authority exercising an option under regulation Q11 must do so by giving notice in writing to the Secretary of State, giving such information as may be required.

• (3) An option under regulation Q8, Q10 or Q11 may not be exercised during a period whilst the member is absent from work for any reason.

• (4) For the purposes of these Regulations—

• (a) a member is treated as exercising an option under regulation Q8 or Q10 on the date on which the employing authority receives the member’s notice under paragraph (1); and

• (b) an employing authority is treated as exercising an option under regulation Q11 on the date on which the Secretary of State receives the authority’s notice under paragraph (2).

• (5) The Secretary of State—

• (a) must refuse to accept an option exercised under—

• (i) regulation Q8 if not satisfied that that the member is in good health and there is no reason why the member’s health should prevent the member from paying the contributions for the whole contribution period;

• (ii) regulation Q10 or Q11 if not satisfied that the member is in good health,

• (b) may refuse to accept an option under regulation Q8, Q10 or Q11 in any other circumstances.

• (6) If the Secretary of State refuses to accept such an option, the Secretary of State must give notice in writing of that fact—

• (a) in the case of an option exercised under regulation Q8 or Q10, to the member; and

• (b) in the case of an option exercised under regulation Q11, to the employing authority and the member.

• (7) These Regulations apply as if an option—

• (a) under regulation Q8, Q10 or Q11 had not been exercised if the Secretary of State refuses to accept the option;

• (b) under regulation Q10 had not been exercised if the payment is not received by the employing authority—

• (i) before the end of the period of 1 month beginning with the day on which the Secretary of State notifies the member of the acceptance of the option; or

• (ii) if it is earlier, on or before the member’s chosen birthday, and

• (c) under regulation Q11 had not been exercised if the payment is not received by the Secretary of State on or before the member’s chosen birthday.

Cancellation and cessation of options under regulation Q8

Q13

• (1) A member may cancel an option under regulation Q8(1) by giving the employing authority notice in writing.

• (2) If a member cancels such an option, the additional periodical contributions cease to be payable for the first pay period beginning after the date on which the employing authority receives the notice and all subsequent pay periods.

• (3) If it appears to the Secretary of State that the requirement in regulation Q8(7) will not be met if the member continues to makes periodical contributions under an option exercised under regulation Q8, the Secretary of State may cancel the option by giving the member notice in writing.

• (4) If the Secretary of State cancels such an option in accordance with paragraph (3), the additional periodical contributions cease to be payable for the first pay period beginning after the date specified in the notice and all subsequent pay periods.

• (5) If, after the exercise of the option under regulation Q8, the Secretary of State has reasonable grounds to believe that the member’s health will prevent the member from paying contributions for the whole contribution period, the Secretary of State may cancel the option by giving the member notice in writing.

• (6) If the Secretary of State cancels such an option in accordance with paragraph (5)—

• (a) the additional periodical contributions cease to be payable for the first pay period beginning after the date specified in the notice (“date of cancellation”) and all subsequent pay periods, and

• (b) any periodical payments made prior to the date of cancellation shall be returned to the member.

Effect of payment of additional contributions under this Part

Q14

• (1) This regulation applies if—

• (a) an option is exercised by a member under regulation Q8 and all the contributions to be made under the option are made;

• (b) an option is exercised by a member under regulation Q10 or by a member’s employing authority under regulation Q11 and the lump sum payment is made.

• (2) Subject to paragraph (7), the member’s pension is increased by the full amount of the increase to be made in accordance with the terms of the option after the final adjustment in that amount in accordance with regulation Q17.

• (3) Paragraph (2) is without prejudice to any reduction falling to be made in accordance with regulation Q15(5) as a result of the member becoming entitled to payment of a pension before the member’s chosen birthday.

• (4) In the case of an option under regulation Q8(1)(b), Q10(1)(b) or Q11(1)(b), any benefit payable to a surviving partner or a dependent child in respect of the member under these regulations is increased by the appropriate amount.

• (5) In paragraph (4) subject to regulations Q15 and Q16(3) “the appropriate amount” means—

• (a) in the case of a surviving partner pension payable under regulation G2, G4 or S4A(10), 37.5 per cent of the amount of the increase mentioned in paragraph (2) that would have applied in the member’s case if the member had become entitled to the increase on the date of death (disregarding paragraph (3));

• (b) in the case of a surviving partner pension payable under regulation G3, 37.5 per cent of the amount of the increase in the member’s pension as a result of the option;

• (c) in the case of a child allowance payable under regulation H3, H5 or S4A(17)(b), the appropriate fraction of 75 per cent of the amount of the increase mentioned in paragraph (2) that would have applied in the member’s case if the member had become entitled to the increase on the date of death (disregarding paragraph (3);

• (d) in the case of a child allowance payable under regulation H4, the appropriate fraction of 75 per cent of the amount of the increase in the member’s pension as a result of the option.

• (6) For the purposes of paragraph (5) the “appropriate fraction” means the same fraction as that applied to the member’s pension in order to calculate the amount of child allowance payable in respect of that member.

• (7) Paragraph (8) applies only to an option under Q8(1)(a), Q10(1)(a) or Q11(1)(a) where a pension is to be paid for either three or six months at the same rate as the member’s pension was being paid at the date of that member’s death.

• (8) Any increase in a member’s pension shall be included only in a benefit payable to a surviving partner or a dependent child in respect of the member under these regulations whilst it is being paid at the rate and for the duration of one of the periods referred to in paragraph (7).

Effect of death or early payment of pension after option exercised under regulation Q8, Q10 or Q11

Q15

• (1) If a member in respect of whom an option under regulation Q8, Q10 and Q11 has been exercised dies before the end of the period of 12 months beginning with the date on which the option was exercised—

• (a) regulation Q14(4) does not apply, and

• (b) an amount equal to the contributions paid under the option must be paid—

• (i) in the case of an option under regulation Q8 or Q10, to the member’s personal representatives; and

• (ii) in the case of an option under regulation Q11, to the employing authority which made the contribution.

• (2) Subject to regulation Q13(5) and (6), if a member in respect of whom an option under regulation Q8 has been exercised dies after the end of the period of 12 months beginning with the date on which the option was exercised and before the end of the contribution option period, regulation Q14(4) applies as if all contributions due after the date of death had been made.

• (3) If a member in respect of whom an option under regulation Q8, Q10 or Q11 has been exercised becomes entitled to a pension under regulation E2A as a result of a claim made before the end of the period of 12 months beginning with the date on which the option was exercised—

• (a) regulation Q14(2) and (4) does not apply; and

• (b) an amount equal to the contributions paid under the option must be paid—

• (i) in the case of an option under regulation Q8 or Q10, to the member, and

• (ii) in the case of an option under regulation Q11, to the employing authority which made the contribution.

• (4) Subject to regulation Q13(5) and (6), if a member in respect of whom an option under regulation Q8 has been exercised becomes entitled to a pension under regulation E2A before the end of the contribution option period as a result of a claim made after the end of the period of 12 months beginning with the date on which the option was exercised, regulation Q14(2) and (4) applies as if all contributions under the option had been made.

• (5) If a member in respect of whom an option under regulation Q8, Q10 or Q11 has been exercised—

• (a) becomes entitled to a pension under regulation E3, E3A, or E5; or

• (b) becomes entitled to a pension under regulation E1 or L1 before reaching the age of 60; or

• (c) becomes entitled to a pension under regulation E1 after age 60 but before the member’s chosen birthday ; or

• (d) becomes entitled to a pension under regulation E5A before the member’s chosen birthday,

the increase in the member’s pension which would otherwise be due under regulation Q14(2) or regulation Q16 is reduced.

• (6) The amount of the reduction is such amount as the Secretary of State determines, after consulting the Scheme Actuary, to be appropriate by reason of the payment of the increase before the member reaches the member’s chosen birthday.

Effect of part payment of periodical contributions

Q16

• (1) This regulation applies if—

• (a) the full number and amount of contributions due under an option under regulation Q8 for the whole contribution option period are not made; and

• (b) paragraphs (1) to (4) of regulation Q15 do not apply.

• (2) The increase in the member’s pension is—

• (a) the appropriate proportion of the increase that would have been made under regulation Q14(2) if the full number and amount of contributions had been made; or

• (b) the appropriate proportion of the increase calculated in accordance with sub-paragraph (a) reduced in accordance with regulation Q15(6) if regulation 15(5) applies to the member.

• (3) In the case of an option under regulation Q8(1)(b), Q10(1)(b) or Q11(1)(b), the increase in any surviving partner or child allowance payable under parts G and H and S in respect of the member is—

• (a) the appropriate proportion of the increase that would have been made under regulation Q14(4) if the full number and amount of contributions had been made; or

• (b) the appropriate proportion of the increase calculated in accordance with sub-paragraph (a) reduced in accordance with regulation Q15(5) if that regulation applies to the member.

• (4) For the purposes of paragraphs (2) and (3), the appropriate proportion is calculated in accordance with such method as the Scheme Actuary may determine and specify in guidance given to the Secretary of State.

• (5) In making a determination under paragraph (4), the Scheme Actuary must have regard to—

• (a) the proportion that the total contributions paid bears to the full amount of contributions due under an option under regulation Q8 for the whole contribution option period; and

• (b) the preservation requirement

Revaluation of increases bought under options: members’ pensions

Q17

• (1) Where an option under regulation Q8, Q10 or Q11 has been exercised, the final amount of the increase in a member’s pension immediately before the beginning date for that pension shall be determined in accordance with this regulation.

• (2) Where the increase in pension is in respect of an option that was exercised less than 2 months before the increase becomes payable, the final amount is calculated in accordance with paragraph (4).

• (3) Where the increase in pension is in respect of an option that was exercised 2 or more months before the increase in pension becomes payable, the final amount is calculated in accordance with whichever of paragraphs (5) or (5A) applies.

• (4) The calculation referred to in paragraph (2) is as follows—

Step 1 –	Calculate the basic amount of the increase in accordance with regulations Q14 to Q16, to find the Step 1 amount.
Step 2 –	Add to the Step 1 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step 1 amount when it first falls into payment, to find the Step 2 amount.
Step 3 –	Divide the Step 2 amount by the Step 1 amount, to find the Step 3 factor.
Step 4 –	Divide the Step 1 amount by the Step 3 factor to find the final amount referred to in paragraph (1).

• (5) If the member exercised the option on or before 31 March 2011, the calculation referred to in paragraph (3) is as follows—

Step 1 –	Calculate the basic amount of the increase in accordance with regulations Q14 to Q16, to find the Step 1 amount.
Step 2 –	Multiply the Step 1 amount by the retail prices index for the second month before the month in which the increase in pension will become payable, to find the Step 2 amount.
Step 3 –	Divide the Step 2 amount by the retail prices index for the month in which the option was exercised, to find the Step 3 amount.
Step 4 –	Take the greater of the Step 1 amount and Step 3 amount, to find the Step 4 amount.
Step 5 –	Add to the Step 4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step 4 amount when it first falls into payment, to find the Step 5 amount.
Step 6 –	Divide the Step 5 amount by the Step 4 amount, to find the Step 6 factor.
Step 7 –	Divide the Step 4 amount by the Step 6 factor to find the final amount referred to in paragraph (1).

• (5A) If the member exercised the option on or after 1 April 2011, the calculation referred to in paragraph (3) is as follows—

Step 1 –	Calculate the basic amount of the increase in accordance with regulations Q14 to Q16, to find the Step 1 amount.
Step 2 –	Multiply the Step 1 amount by the prices index for the second month before the month in which the increase in pension will become payable, to find the Step 2 amount.
Step 3 –	Divide the Step 2 amount by the prices index for the month in which the option was exercised, to find the Step 3 amount.
Step 4 –	Take the greater of the Step 1 amount and Step 3 amount, to find the Step 4 amount.
Step 5 –	Add to the Step 4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step 4 amount when it first falls into payment, to find the Step 5 amount.
Step 6 –	Divide the Step 5 amount by the Step 4 amount, to find the Step 6 factor.
Step 7 –	Divide the Step 4 amount by the Step 6 factor to find the final amount referred to in paragraph (1).;

• (6) In this regulation, “the beginning date”, in relation to a pension, means the date on which it is treated as beginning for the purposes of the Pensions (Increase) Act 1971 (see section 8(2) of that Act) and “the prices index” means, as regards any month, the change in the general level of prices for that month used to determine increases to official pensions for the purposes of that Act.

PART R — Special provisions for certain members

Practitioners and specialist trainees in general practice

R1

• (1) These Regulations apply to members who are or have been practitioners as if they were officers employed by the relevant Local Health Boardor NHS England, but with the modifications described in Schedule 2.

• (2) These Regulations apply to members who are or have been specialist trainees in general practice as if they were whole–time officers employed by the relevant employing authority.

• (3) These Regulations apply from 1st April 2004 to a non-GP provider as if they were a whole-time officer employed by ... NHS England or relevant Local Health Board with the modifications described in paragraphs 3, 4, 5, 10 and 23 of Schedule 2 and Schedule 2B.

Nurses, physiotherapists, midwives and health visitors

R2

• (1) Subject to paragraph (2), this regulation applies to a member—

• (a) who, at the coming into force of these Regulations—

• (i) is in pensionable employment as a nurse, physiotherapist, midwife or health visitor, or

• (ii) has accrued rights to benefits under this Section of the scheme arising out of a previous period in which she was engaged in such employment and at no time since the last occasion on which she was so engaged has she had a break in pensionable employment for any one period of 5 years or more,

and

• (b) who spends the whole of the last 5 years of her pensionable employment as a nurse, physiotherapist, midwife or health visitor.

• (2) This regulation shall cease to apply if the member has a break in pensionable employment for any one period of 5 years or more ending after the coming into force of these Regulations.

• (3) Where this regulation applies—

• (a) regulation E1 (normal retirement pension) will apply to the member as if the reference, in paragraph (1) of that regulation, to age 60, were a reference to age 55;

• (b) if the member leaves pensionable employment because of redundancy, but without becoming entitled to a pension under regulation E3 (early retirement pension on grounds of redundancy) or regulation E3A (early retirement pension (termination of employment by employing authority), regulation L1 (preserved pension) will apply as if the references, in paragraphs (1), (3) and (4) of that regulation, to age 60, were references to age 55.

• (4) Where, in accordance with paragraph (3), a member becomes entitled to receive a pension before age 60, the amount payable shall—

• (a) in the case of a female member, be calculated by reference to all of her pensionable service under this Section of the scheme; and

• (b) in the case of a male member, be calculated only by reference to pensionable service on or after 17th May 1990.

• (5) Subject to regulation Q6(4), if the member chooses to pay for additional service or unreduced retirement lump sum by regular additional contributions under regulation Q6, contributions may be made from the next birthday following the exercise of the right to do so, until the member’s 55th, 60th or 65th birthday, whichever the member chooses, and that date will be the chosen date under regulation Q6(3).

• (6) For the purposes of paragraphs (1) and (2), pensionable employment includes employment that qualified the member for benefit under a health service scheme.

• (7) For the purpose of calculating the 5 year period referred to in paragraph (1)(b), “pensionable employment" does not include additional service bought under regulation Q1 or a period in respect of which a refund of contributions has been paid under regulation L2.

Mental health officers

R3

• (1) Subject to paragraph (2), this regulation applies to a member who at the coming into force of these Regulations—

• (a) is in pensionable employment under this Section of the scheme as a mental health officer, or

• (b) has accrued rights to benefits under this Section of the scheme arising out of a previous period in which he was engaged in such employment and at no time since the last occasion on which he was so engaged has he had a break in pensionable employment for any one period of 5 years or more.

• (2) Subject to paragraph (3), this regulation shall cease to apply if the member has a break in pensionable employment for any one period of 5 years or more ending after the coming into force of these Regulations.

• (3) Paragraph (2) shall be without prejudice to the operation of paragraph (5)(a) in relation to any period prior to this regulation ceasing to apply.

• (4) For the purposes of paragraphs (1) and (2), “pensionable employment" includes employment that qualified the member for benefit under a health service scheme.

• (5) Subject to paragraphs (6) and (7), where this regulation applies—

• (a) if the member has in excess of 20 years’ pensionable service as a mental health officer, regulation E1 (normal retirement pension) will apply as if the reference, in paragraph (1) of that regulation, to age 60, were a reference to age 55, but only if the member was in pensionable employment as a mental health officer immediately before leaving; and

• (b) each complete year of pensionable service as a mental health officer in excess of 20 years will count as 2 years’ pensionable service.

• (6) For the purposes of calculating the 20 year period referred to in paragraph (5)—

• (a) there shall, in the case of a member who has reached age 50, be taken into account any period before he became a mental health officer in which he was employed on the staff of a hospital used wholly or partly for the treatment of persons suffering from mental disorder and in which he devoted the whole or substantially the whole of his time to the treatment and care of such persons, unless it would be more favourable to the member (or, if the member has died, to the persons entitled to benefits in respect of the member) to disregard any such period;

• (b) pensionable service does not include additional service bought under regulation Q1 (right to buy additional service).

• (7) Paragraph (5) does not apply—

• (a) for the purpose of calculating, under regulations E2 or E2A and H3, H4 and H5 (child allowance), the pensionable service the member could have completed if he had stayed in pensionable employment until a particular age;

• (b) for the purpose of calculating a minimum widow's, widower’s , surviving civil partner’s or surviving scheme partner’s pension based on the member’s pensionable service after 5th April 1978 under regulation G6(2) (member marries after leaving pensionable employment); or

• (c) for the purpose of calculating a member’s benefits where it would be more favourable to the member or other person entitled to the benefits not to apply that paragraph and to calculate the member’s benefits by reference to the member’s final year’s pensionable pay when the member leaves pensionable employment, completes 45 years’ pensionable service (calculated without regard to paragraph (5)(b)), reaches age 65 or dies, whichever occurs first.

• (8) Where, by virtue of paragraph (7)(c), paragraph (5) does not apply, the amount of any contributions that should have been paid by the member under regulation D1 (contributions by members), but which were not deducted from the member’s earnings, will be deducted from the lump sum payable on the member’s retirement or death.

• (9) If a member who has in excess of 20 years pensionable service for the purposes of paragraph (5) leaves NHS employment before reaching age 55 because of redundancy, but without becoming entitled to a pension under regulation E3 (early retirement pension on grounds of redundancy) or regulation E3A (early retirement pension (termination of employment by employing authority), and was in pensionable employment as a mental health officer immediately before leaving, regulation L1 (preserved pension) will apply as if the references in that regulation, to age 60, were to age 55.

• (10) Subject to paragraph (12), if any member to whom this regulation applies becomes entitled to a preserved pension under regulation L1 on ceasing to be a mental health officer, the pension will be based on the greater of the member’s basic service and a period of service calculated as—

$$basicservicepotentialbasicservice×potentialservice$where— “basic service" means the member’s pensionable service, calculated without regard to paragraph (5);“potential basic service" means the pensionable service the member could have completed if he had stayed in pensionable employment until age 55, calculated without regard to paragraph (5); and“potential service" means the pensionable service the member could have completed, taking account of paragraph (5), if he had stayed in pensionable employment as a mental health officer until age 55.$

• (11) Subject to paragraph (12), if a member with at least 2 years’ qualifying service ceases to be a mental health officer while continuing in pensionable employment, the member’s pension in respect of the period before ceasing to be a mental health officer will, if it would be more favourable to him, be of an amount equal to the preserved pension to which the member would have become entitled in accordance with paragraph (10) if he had left pensionable employment on the day he ceased to be a mental health officer.

• (12) Paragraphs (10) and (11) do not apply if the member again becomes a mental health officer within 12 months after the date on which he ceased to be a mental health officer.

• (13) Subject to regulation Q6(4), if a member elects to pay for additional service or unreduced retirement lump sum by regular additional contributions under regulation Q6 he may elect to make those contributions from his next birthday following the date on which he elected to buy the additional service or unreduced lump sum until his 55th, 60th or 65th birthday, whichever he chooses, and that date will be the chosen date under regulation Q6(3).

• (14) In this regulation, “mental health officer" means—

• (a) an officer working whole–time on the medical or nursing staff of a hospital used wholly or partly for the treatment of persons suffering from mental disorder, who devotes all, or almost all, of his time to the treatment or care of persons suffering from mental disorder;

• (b) any other officer employed in such a hospital who is within a class or description of officers designated by the Secretary of State as mental health officers for this purpose; and

• (c) a specialist in part–time NHS employment who devotes all, or almost all, his time to the treatment or care of persons suffering from mental disorder and who satisfies the requirements of paragraph (15).

• (15) A member satisfies the requirements of this paragraph if he holds a whole–time specialist post and either—

• (a) he receives at least 10/11ths of the pensionable pay that he would have received for whole–time NHS employment, or

• (b) he was appointed before 1st January 1980 and retains the right, to which he was entitled on 31st December 1979, to be paid at least 9/11ths of the pensionable pay that he would have received for whole–time NHS employment.

• (16) The Secretary of State may agree to treat as a mental health officer any member who, by reason of having transferred to part–time pensionable employment, would otherwise have ceased to be a mental health officer providing that person is engaged in work which had it been whole time, would have qualified that member for mental health officer status and there is no break in pensionable employment between the transfer from whole–time to part–time employment.

• (17) Where a member is treated as a mental health officer by virtue of paragraph (15) or (16), each year of part–time pensionable service shall, for the purpose of determining whether the member has in excess of 20 years pensionable service for the purposes of paragraph (5) (but for no other purpose), be treated as if it were a year of whole–time pensionable service.

Members doing more than one job

R4

• (1) This regulation applies to members in NHS employment—

• (a) with more than one employing authority;

• (b) who hold, under one employing authority, two or more separate employments; or

• (c) to whom paragraph (10A) below applies.

• (2) The member may contribute to this Section of the scheme in respect of all or any of his employments with employing authorities, providing that the employments in respect of which he chooses to contribute to this Section of the scheme do not in aggregate exceed, as determined by the Secretary of State, a single comparable whole–time employment.

• (3) Any amount by which the member’s pensionable pay in respect of concurrent part– time employments exceeds the amount that the Secretary of State determines would have been paid in respect of a single comparable whole–time employment will be ignored.

• (4) Any amount by which the member’s pensionable service in respect of concurrent part–time employments, calculated as described in regulation R5 (pensionable service in respect of part–time employment), exceeds the period during which the member carried on those employments, will be ignored.

• (5) Subject to paragraph (6), the member shall not become entitled to a pension under any of regulations E1 to E5 or a preserved pension under regulation L1 until the termination of all NHS employments (including employment as a practitioner) or he reaches age 75.

• (6) If the member leaves employment with one employing authority and becomes entitled to a pension under regulation E3 (early retirement pension on grounds of redundancy) or regulation E3A (early retirement pension (termination of employment by employing authority) in relation to the employment that has ended, the member may elect to take benefits only in respect of the employment that has ended and to continue to accrue rights to benefits in respect of any other continuing pensionable employment.

• (7) Where the member elects under paragraph (6), paragraph (5) will apply in relation to any employment in respect of which the member continues to accrue rights to benefits.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) Regulation S2 (reduction of pension on return to NHS employment) will apply to any member who becomes entitled to a pension under paragraph (6) while continuing in other NHS employment.

• (10) Subject to paragraph (10A), in calculating the member’s final year’s pensionable pay there shall be taken into account pensionable pay in respect of any other pensionable employment in that final year except a pensionable employment in respect of which the member continues to accrue benefits in accordance with paragraph (6).

• (10A) A member who becomes entitled to a pension under regulation E3 or E3A, and has terminated concurrent employment as a practitioner not more than 12 months before the date on which he becomes entitled to that pension, shall not be entitled to receive a pension under regulation E3 or E3A in respect of any employment as a practitioner, but shall be entitled only to receive a pension under regulation E1 or E5, or a preserved pension under regulation L1, in respect of such employments.

• (10B) Where paragraph (10A) applies, the member may, in respect of any service as an officer which has terminated and to which paragraph 9(1), (6) or (9) of Schedule 2 applies, elect for that paragraph not to apply and instead to receive a pension under regulation E3 or E3A in respect of that service.

• (11) The member will not receive a refund of contributions under regulation L2 until he leaves all pensionable employment without becoming entitled to a pension under any of regulations E1 to E5 or a preserved pension under regulation L1.

• (12) The member may exercise a right to transfer or buy–out under regulations M1 to M5 (transfers and buy–outs) only if he leaves all pensionable employment before reaching age 60 and before becoming entitled to a pension under this Section of the scheme.

Part–time employment

R5

• (1) Subject to paragraphs (6) and (10), a member’s pensionable service in part– time employment will not count at its full length but will be calculated as described in paragraphs (2) or (3), whichever is applicable, as its whole–time equivalent.

• (2) If the member’s part–time employment is expressed as a specified number of half– days or sessions a week, the whole–time equivalent of the member’s pensionable service in respect of that employment will be calculated by multiplying the full length of that service by the following fraction—

$member’spensionablepaycomparablewhole-timeearnings$

• (3) In any case where paragraph (2) does not apply, the whole–time equivalent of the member’s pensionable service in respect of part–time employment will be calculated by multiplying the full length of that service by the following fraction—

$member’shoursofemploymenteachweekhoursconstitutingcomparablewhole-timeemployment$

• (4) Subject to paragraph (5), for the purpose of calculating a member’s final year’s pensionable pay in respect of part–time employment, the member’s pensionable pay will be the amount that the Secretary of State determines would have been paid in respect of a single comparable whole–time employment and any amount by which the member’s actual final year’s pensionable pay in respect of part time employment exceeds the amount determined will be ignored.

• (4A) “A single comparable whole-time employment” in paragraph 4 means the number of hours, half-days or sessions which the Secretary of State determines would constitute a single comparable whole-time pensionable employment.

• (5) Paragraph (4) does not apply to the calculation of final year’s pensionable pay for the purposes of—

• (a) regulations F1(2) and F2(2) (lump sum payable on death in pensionable employment or after pension becomes payable);

• (b) regulation S2 (reduction of pension on return to NHS employment).

• (6) If a member with pensionable service in part-time employment becomes entitled to a pension under regulation E2, E2A, E3 or E3A (ill health pensions, pensions on redundancy and early retirement pensions)—

• (a) the member’s pensionable service in part-time employment will count at its full length for the purpose of calculating—

• (i) whether and (if so) to what extent, the pensionable service upon which the pension under regulation E2 or E2A is based should be increased under that regulation; or

• (ii) the qualifying service for the purposes of regulation E3(2)(a) or regulation E3A(2)(a),

• (b) the pension will be based on the whole-time equivalent of the period of part-time employment and, in the case of a pension under regulation E2 or E2A, the increase under that regulation will be limited to such amount as bears the same proportion to the amount that would have been paid had the pensionable service not been part-time as the whole-time equivalent bears to comparable whole-time employment.

• (7) If a member in part–time pensionable employment elects to buy additional service as described in regulation Q1 (right to buy additional service), the period of additional service will be calculated in accordance with Table 1 or Table 3 of Schedule 1 (whichever is applicable) and then reduced by multiplying the full length of that additional service by the following fraction—

$$part-timepensionableemploymentcomparablewhole-timepensionableemployment$where— “part–time pensionable employment" means the number of hours, half–days or sessions that the member was required to work under his contract of employment during the period by reference to which “remuneration" was calculated for the purposes of Table 1 of Schedule 1 or regular additional contributions were paid in accordance with regulation Q6 (paying by regular additional contributions); and“comparable whole–time pensionable employment" means the number of hours, half–days or sessions that would have constituted comparable whole–time pension– able employment during that period.$

• (8) If a member in part–time pensionable employment elects to buy an unreduced retirement lump sum as described in regulation Q2 (right to buy an unreduced retirement lump sum), the period referred to in Table 2 or Table 4 of Schedule 1 (whichever is applicable) will be reduced in like manner as described in paragraph (7) above.

• (9) Paragraphs (7) and (8) above also apply for the purposes of regulation Q7 (part payment for additional service or unreduced retirement lump sum).

• (10) A member’s pensionable service in respect of part–time employment will count at its full length (and concurrent periods of employment will be treated as a single employment) for the purposes of regulations C2(3) (limit on pensionable service that counts for benefits) and C3(1) (qualifying service).

Members entitled to fees for domiciliary consultations

R6

• (1) This regulation applies to members who, as medical or dental officers, have received fees from an employing authority in respect of domiciliary consultations.

• (2) Any fees received in respect of domiciliary consultations will be included in the member’s pensionable pay for the purposes of regulation D1 (contributions by members).

• (3) Any fees in respect of domiciliary consultations that are included in the member’s pensionable pay for the purposes of regulation D1 will also be included in the member’s pensionable pay for the purpose of deciding the year by reference to which final year’s pensionable pay is to be calculated, but the member’s final year’s pensionable pay will then be reduced by the amount of any fees received in respect of domiciliary consultations during that year.

• (4) If the member’s final year’s pensionable pay is reduced as described in paragraph (3), a supplementary benefit shall be payable with each benefit that is payable to, or in respect of, the member under this Section of the scheme.

• (5) Subject to paragraph (6), each supplementary benefit that is payable in accordance with paragraph (4) will be calculated in the same way as the benefit that it supplements as if the amount of the fees received in respect of domiciliary consultations during the year by reference to which final year’s pensionable pay is calculated were the member’s final year’s pensionable pay.

• (6) Any supplementary benefit will be based on the same pensionable service as the benefit that it supplements, except that—

• (a) any period of additional service bought as described in regulation Q1 (right to buy additional service) will be ignored;

• (b) any additional period of pensionable service credited to the member by virtue of paragraph (5)(b) of regulation R3 (mental health officers) will be ignored;

• (c) any period of service calculated as described in regulation 35(7) of the previous regulations (calculation of service in respect of part–time employment before 15th December 1966) will be ignored; and

• (d) where that pensionable service consists of or includes part–time employment, regulation R5(1) (part–time employment) will be ignored.

• (7) If the member exercises a right to buy additional service under regulation Q1 or unreduced retirement lump sum under regulation Q2, the amount of any fees received from an employing authority in respect of domiciliary consultations will not be included in the member’s pensionable pay for the purpose of calculating the cost of the additional service or unreduced retirement lump sum, except as described in paragraph (8).

• (8) If the member exercises a right to buy an unreduced retirement lump sum under regulation Q2—

• (a) any fees received during the last financial year ending before the member elects to buy an unreduced retirement lump sum will be included in the member’s remuneration for the purpose of calculating the amount payable under regulation Q5(3) (paying for an unreduced retirement lump sum by a single payment); and

• (b) any fees received while the member is paying for an unreduced retirement lump sum by regular additional contributions will be included in the member’s pensionable pay for the purposes of regulation Q6(5) (paying for an unreduced retirement lump sum by regular additional contributions).

• (9) If the member returns to NHS employment after becoming entitled to a pension, the member’s final year’s pensionable pay will include, for the purposes of calculating previous pay under regulation S2 (reduction of pension on return to NHS employment), the amount of any fees received in respect of domiciliary consultations during the year by reference to which final year’s pensionable pay is calculated.

Members who work temporary additional sessions

R7

• (1) This regulation applies to members who work temporary additional sessions.

• (2) Any period of employment in respect of a temporary additional session will be ignored when calculating a member’s pensionable service, and any payment received in respect of that employment will be ignored when calculating the member’s pensionable pay.

• (3) In this regulation, “temporary additional session" means a session equivalent to an extra notional half–day which a specialist or an officer appointed to a post in the grade of associate specialist has, in exceptional circumstances, undertaken to work and which does not form part of the member’s normal contractual duties.

• (4) In the case of a member who holds a whole–time specialist post and who receives at least 10/11ths of the pensionable pay that he would have received for whole–time pensionable employment, temporary additional session also includes any session in excess of 10 in any one week, regardless of its length.

Former members of health service schemes

R8

• (1) For the purposes of these Regulations, “health service scheme” means—

• (a) a superannuation scheme provided under regulations made under section 10 of the Superannuation Act 1972 and for the time being in force in relation to Scotland,

• (b) a superannuation scheme provided under regulations for the time being in force under Article 12 of the Superannuation (Northern Ireland) Order 1972,

• (c) in the case of a member whose pensionable employment commenced on or before 1st April 2012, a superannuation scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald), or

• (d) any other occupational pension scheme approved for this purpose by the Secretary of State.

• (2) A member who leaves employment in respect of which he qualified for benefit under a health service scheme and who joins this Section of the scheme may, subject to paragraphs (3) and (4), require the Secretary of State to credit him with a period of pensionable service (together with the rights attaching to that service) under this Section of the scheme, calculated as if—

• (a) the employment to which the health service scheme applied were NHS employment; and

• (b) the member’s contributions to the health service scheme were contributions to this Section of the scheme.

• (3) The member may exercise this right only if a transfer payment is made from the health service scheme to this Section of the scheme.

• (4) A member who wishes to exercise this right must do so by making application in writing to the Secretary of State within 1 year after joining this Section of the scheme.

• (5) A member who leaves employment to which a health service scheme applied without becoming entitled to any benefits other than a return of contributions may buy additional service as described in regulation Q1 (right to buy additional service) and regulations Q4(7) and Q6(8) will apply, as the case may be, as if the previous service under a health service scheme were previous pensionable service under this Section of the Scheme.

• (6) A member who leaves employment in respect of which the member qualified for benefit under a health service scheme and who joins the 2015 Scheme may, by notice in writing, require the Secretary of State to credit the member with a relevant period of pensionable service (together with the rights attaching to that service) under this Section of the scheme.

This is subject to paragraphs (8) and (9).

• (7) That relevant period of pensionable service is calculated as if—

• (a) the employment to which the health service scheme applied were NHS employment, and

• (b) the member’s contributions to that health service scheme were contributions to this Section of the scheme.

• (8) The member may only exercise the right referred to in paragraph (6) if—

• (a) a transfer payment is made from the health service scheme to this Section of the scheme, and

• (b) on the day the member becomes an active member of the 2015 Scheme either—

• (i) paragraph 2 of Schedule 7 to the 2013 Act, or

• (ii) paragraph 2 of Schedule 7 to the Public Service Pensions Act (Northern Ireland) 2014,

applies to the period of service in respect of which that transfer value payment is made.

• (9) A notice referred to in paragraph (6) must be addressed to the Secretary of State and given within 1 year after joining the 2015 Scheme.

Former members of the NBSBPS

R8A

• (1) This regulation applies—

• (a) where, on 1st September 2007, the Secretary of State agrees to accept a single transfer payment in respect of all persons who were members of the NBSBPS on 31st August 2007 (including pensioner and deferred members) to this Section of the scheme; and

• (b) whether or not that transfer payment is made on the same day the Secretary of State agrees to accept it.

• (2) A person referred to in paragraph (1) who, on 31st August 2007, was not a pensioner or deferred member of the NBSBPS shall be credited with such period of pensionable service under this Section of the scheme as the Secretary of State may determine having first taken advice from the Scheme Actuary.

• (3) Subject to paragraph (4), a deferred or pensioner member referred to in paragraph (1) shall be credited with a period of pensionable service under this Section of the scheme (together with the rights attaching to that credited service), calculated as if—

• (a) the employment to which the NBSBPS applied was NHS employment that terminated on 31st August 2007; and

• (b) his contributions to the NBSBPS were contributions to this Section of the scheme.

• (4) Subject to paragraphs (5) and (6), a pensioner member who was entitled to a pension from the NBSBPS on 31st August 2007, shall be entitled to a member’s pension under this regulation—

• (a) as from 1st September 2007; and

• (b) at a yearly rate equal to the pension he was formerly entitled to from the NBSBPS.

• (5) For the purpose of calculating any further lump sum payable under regulation F2 (member dies after pension becomes payable) there shall be taken into account any pension and lump sum payments made under the rules of the NBSBPS.

• (6) For the purposes of calculating any benefits that become payable in accordance with regulations G3 or H4 (member dies after pension becomes payable) on or after 1st September 2007 to the widow, widower, surviving civil partner or dependent child of a pensioner member referred to in paragraph (1), the member’s pension referred to in those regulations means the member’s pension under paragraph (4) of this regulation calculated without regard to any reduction that may have been made to that pension to take account of—

• (a) early retirement from the NBSBPS; or

• (b) national insurance modifications whereby benefits provided under the NBSBPS are modified for the purposes of the National Insurance Acts 1946 and 1965.

• (7) Subject to paragraph (2) and (6) of regulation G1 (widow’s pensions), paragraph (2) of regulation G7 (widower’s pensions) and paragraph (6) of regulation G10 (surviving civil partner’s pension), a widow, widower or surviving civil partner of a pensioner member referred to in paragraph (1) who was entitled to a widow, widower’s or surviving civil partner’s pension from the NBSBPS on 31st August 2007, shall be entitled to such a pension under this regulation—

• (a) as from 1st September 2007; and

• (b) at a rate equal to the pension he or she was formerly entitled to from the NBSBPS.

• (8) Subject to paragraph (3) of regulation H1 (dependent child), a dependent child of a pensioner member referred to in paragraph (1) who was entitled to a pension from the NBSBPS on 31st August 2007, shall be entitled to such a pension under this regulation—

• (a) as from 1st September 2007; and

• (b) at a rate equal to the pension he or she was formerly entitled to from the NBSBPS.

Members whose earnings are reduced

R9

• (1) The Secretary of State may agree to pay a preserved pension under regulation L1 in respect of a member’s pensionable service before the member’s earnings were reduced if —

• (a) the member has at least two years qualifying service; and

• (b) within the three month period after the member’s earnings are reduced that member’s employer certifies that the reduction is due to the circumstances described in paragraph (2); or

• (c) the member satisfies all of the conditions specified in paragraph (2A).

• (2) The circumstances referred in paragraph (1)(b) are that the reduction is due to—

• (a) the member being transferred to other employment with an employing authority; or

• (b) the member taking up other employment with an employing authority, in circumstances approved by the Secretary of State; or

• (c) a change in the member’s duties, while continuing in the same employment, otherwise than at the member’s request or as a result of something done by the member.

• (2A) The conditions referred to in paragraph (1)(c) are that—

• (a) the member has attained normal minimum pension age or, where relevant, protected pension age;

• (b) the member makes an election and the Secretary of State has not previously accepted an election made by that member, and

• (c) the member’s employer has certified that—

• (i) the member’s pensionable pay is reduced by at least 10 per cent for a period of at least one year beginning with the first pay day on which the reduced pensionable pay was paid;

• (ii) for a period of at least 12 months ending immediately before the reduction referred to in (i), the member’s pensionable pay had not been subject to any other reduction;

• (iii) the reduction to the member’s pensionable pay is the result of a change to that member’s duties so that the member’s new, or remaining, duties are less demanding and carry less responsibility than the member’s previous duties.

• (3) The preserved pension will be calculated and paid as described in regulation L1 (preserved pension), as if the member had left pensionable employment immediately before his earnings were reduced.

• (4) An election referred to in paragraph (2A) of this regulation must be made—

• (a) in writing and addressed to the Secretary of State, and

• (b) within 15 months of the member’s pensionable pay being reduced.

• (5) If a member continues to contribute to this Section of the scheme after the Secretary of State agrees to pay a preserved pension under regulation L1 in accordance with paragraph (1), the member’s pensionable service before and after the member’s earnings are reduced will, subject to paragraph (6), be treated separately unless, when the member becomes entitled to receive a pension, or dies, (whichever occurs first), it would be more favourable to the member to treat the member’s pensionable service before and after the reduction, and all such other reductions (if any), as continuous.

• (6) The member’s pensionable service before and after the member’s earnings are reduced—

• (a) will be treated as continuous for the purpose of calculating the member’s qualifying service under regulation C3 (meaning of “qualifying service"); and

• (b) if the member next leaves pensionable employment with a pension under regulation E2 (early retirement pension on grounds of ill–health) or E2A, will be treated as continuous for the purpose of calculating whether, and if so to what extent, the pensionable service on which the pension is based should be increased.

• (7) If the member leaves pensionable employment with a pension under regulation E2 or E2A and the member’s pensionable service falls to be increased as described in—

• (a) paragraphs (4) to (6) of regulation E2; or

• (b) paragraphs (4) to (6) of regulation E2A

then, if the member’s pensionable service before and after the break is treated separately under paragraph (5), the increase will apply only in respect of benefits attributable to the period after the member’s earnings were reduced.

• (8) For the purposes of this regulation, “pensionable pay” in respect of part-time employment means the amount that the Secretary of State determines would have been paid in respect of a single comparable whole-time employment.

Polygamous marriages

R10

• (1) If a member dies without leaving a widow or widower but the member was at the date of death married to a spouse under a law which permits polygamy any benefits that would be payable to the member’s widow or widower shall be payable to that spouse, or where there is more than one, to those spouses in equal shares.

• (2) The shares will be calculated as at the date the member dies.

• (3) A spouse’s share of a pension will not be increased on the death of any other spouse.

Participators in pilot schemes

R11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pension sharing on divorce or nullity of marriage or, dissolution or nullity of civil partnership

R12

• (1) Schedule 2A shall have effect in relation to—

• (a) pension credit rights; and

• (b) pension credit benefit payable,

under this Section of the scheme.

• (2) Except as provided for in this regulation and in Schedule 2A, Parts B to V of these Regulations shall not apply to a person entitled to a pension credit or to a pension credit member.

PART S — Members who return to NHS employment after pension becomes payable

Suspension of pension on return to NHS employment

S1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reduction of pension on return to NHS employment

S2

• (1) Subject to paragraph (15), this regulation applies to a member—

• (a) until the member attains the age of 60; and

• (b) who is in receipt of a relevant pension; and

• (c) who continues in, or subsequently returns to, NHS employment.

• (1A) A relevant pension for the purpose of this regulation is a pension payable,—

• (a) in respect of pensionable employment that ceased before 1st April 2008,—

• (i) under any or regulations E2 to E3C (pensions on ill health retirement and redundancy), or

• (ii) in accordance with L1(2)(b)(preserved pension), or

• (b) in respect of pensionable employment that ceased on or after 1st April 2008,—

• (i) any of regulations E2 to E3, or

• (ii) in accordance with E3A(2)(d)(ii)(early retirement pension (termination of employment by employing authority)) or

• (iii) except where regulation R2(3)(b) (nurses, physiotherapists, midwives and health visitors) or regulation R3(9) (mental health officers) applies to the member, in accordance with L1(2)(b) ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A member to whom this regulation applies must—

• (a) inform the member’s employer, and any other person that the Secretary of State may specify, that the member’s pension under this Section of the scheme has become payable, and