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In force since 2026-04-01, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) This regulation applies if a transfer value payment is received from another pension scheme (other than a connected scheme) in relation to an active member of this scheme. (2) On receiving the transfer value payment, the scheme manager must credit the active member’s account with the amount of transferred pension calculated under regulation 143(2) (amount of transferred pension).
Propose a change(1) This regulation applies if a club transfer value payment is received from another club scheme in relation to an active member of this scheme. (2) On receiving the club transfer value payment, the scheme manager must credit the active member’s account with an amount of club transfer earned pension calculated under regulation 145(2) (amount of club transfer earned pension).
Propose a change(1) This regulation applies in relation to every scheme year in which an active member’s account is open. (2) The active member’s account must specify— (a) the amount of earned pension (if any) for the scheme year; (b) the amount of transferred pension (if any) for the scheme year; and (c) the amount of club transfer earned pension (if any) from each sending scheme for the scheme year. (3) The amount is— (a) for earned pension, 1/59.7th of the member’s pensionable pay received for that year for the scheme employment in respect of which that member’s account is established; (b) for earned pension, 1/59.7th of the member’s assumed pensionable pay for the scheme year where the member pays the contributions required by paragraphs (3) and (4) of regulation 111 (contributions during absence from work due to trade dispute or authorised unpaid absence) or the contributions required by paragraph (1) of regulation 112 (contributions during absence from work on reserve forces service leave) or the contributions required by paragraph (3) of regulation 113 (contributions during child-related leave); (c) for earned pension, 1/59.7th of the member’s assumed pensionable pay during the member’s absence due to illness or injury for the period in respect of which the member pays the contributions required by paragraph (2) of regulation 111 (contributions during absence from work due to illness or injury); (d) for earned pension, 1/59.7th of the member’s assumed pensionable pay whilst the member is absent on ordinary adoption leave, ordinary maternity leave or paternity leave; (e) for transferred pension, the amount which the member is entitled to count under regulation 143(2) (amount of transferred pension) for that year; and (f) for club transfer earned pension, the amount of all club transfer values received in relation to the member in that year as calculated under regulation 145(2) (amount of club transfer earned pension).
Propose a change(1) This regulation applies in relation to every scheme year in which an active member’s account is open other than the scheme year in which that account is established. (2) The active member’s account must specify— (a) the opening balance of earned pension for the scheme year and the index adjustment for that opening balance, and if applicable, the age addition awarded at the beginning of the scheme year; (b) the opening balance of club transfer earned pension (if any) for the scheme year and the index adjustment for that opening balance and if applicable, the age addition awarded at the beginning of the scheme year; (c) the opening balance of transferred pension (if any) for the scheme year and the index adjustment for that opening balance and if applicable, the age addition awarded at the beginning of the scheme year. (3) In these Regulations— “opening balance” in relation to a description of pension, other than added pension— for the scheme year immediately following the scheme year in which the active member’s account is established, means the amount of that pension for the previous scheme year as at the end of that scheme year; and for any subsequent scheme year, means the sum of the following amounts— the opening balance of that pension for the previous scheme year and the index adjustment for that opening balance, the amount of that pension for the previous scheme year as at the end of the previous scheme year, and if applicable, the age addition awarded at the beginning of the previous scheme year.
Propose a changeThis regulation applies when an ill-health award ceases to be payable to a person under regulation 69 (consequences of review) and the pensioner member re-enters pensionable service— (a) the scheme manager must close the retirement account; (b) the scheme manager must re-establish the active member’s account and credit it with an amount equal to the annual rate of lower tier ill-health pension payable when the ill-health award was first made; (c) the scheme manager must make entries in the active member’s account as if, during the gap in pensionable service, the member— (i) was in pensionable service under this scheme, but (ii) received no pensionable pay.
Propose a change(1) The scheme manager must close an active member’s account in relation to a period of service when the scheme manager establishes in relation to that period of service— (a) a deferred member’s account under Chapter 7 (deferred member’s account); or (b) a retirement account under Chapter 8 (retirement account). (2) The scheme manager must re-establish an active member’s account under this Chapter if the scheme manager closes a deferred member’s account under Chapter 7. (3) Where an active member has more than one active member’s account and ceases to be in pensionable service in respect of service in one scheme employment without having qualifying service for a period of three months in respect of that account, the active member’s account for that employment must be closed and the benefits in that account must be aggregated with the other active member’s account. (4) If the active member has more than one active member’s account after the account mentioned in paragraph (3) has been closed, the member may choose which active member’s account the benefits from the closed account should be aggregated with. (5) If the active member fails to make the selection mentioned in paragraph (4), the scheme manager may choose which active member’s account the benefits from the closed account should be aggregated with.
Propose a change(1) A pension account must be established for each active member (P) who makes an added pension election. (2) If P is an active member in relation to more than one scheme employment, only one added pension account is to be opened. (3) For the purpose of these Regulations, an account established under paragraph (1) is called an added pension account.
Propose a change(1) This regulation applies in relation to every scheme year in which an added pension election has effect. (2) The added pension account must specify in relation to any added pension payments made in that scheme year the amount of added pension determined by the scheme manager under paragraph 11 or under paragraph 14 of Schedule 1 (payments for added pension) to be credited in respect of that scheme year.
Propose a change(1) This regulation applies in relation to every scheme year in which an added pension account is open other than the scheme year in which the account is established. (2) The account must specify— (a) the opening balance of added pension for the scheme year and the PIA index adjustment for that opening balance; (b) if applicable, the age addition awarded at the beginning of the scheme year. (3) The “opening balance” of added pension— (a) for the scheme year immediately following the scheme year in which the added pension account is established, means the amount of added pension specified in the account as at the end of the previous scheme year; and (b) for any subsequent scheme year, means the sum of the following amounts— (i) the opening balance of added pension for the previous scheme year, (ii) the PIA index adjustment (if any) for that opening balance, (iii) if applicable, the age addition awarded at the beginning of the previous scheme year, and (iv) the amount of added pension for the previous scheme year as at the end of the previous scheme year.
Propose a change(1) Where an active member (P) has an added pension account, the added pension account must remain open until— (a) P has claimed a retirement pension and the amount of added pension is transferred to the retirement account or the deferred member’s account; or (b) a transfer value payment is made in respect of P’s rights to the accrued added pension; or (c) where a transfer of entries referred to in paragraph (2) has been completed. (2) Where a scheme manager has provided a certificate under regulation 146 (requirement for scheme manager to provide a certificate) in respect of an added pension account, the new scheme manager must establish an added pension account and transfer the entries from that certificate to that account.
Propose a change(1) This regulation applies if— (a) an added pension is payable with an ill-health award; and (b) the ill-health award ceases to be payable under regulation 69 (consequences of review). (2) The added pension account must be re-established and credited with an amount equal to the annual rate of added pension paid to the pensioner member in the last year before the payment of the ill-health award to the member ceased.
Propose a change(1) This Chapter applies in relation to a continuous period of pensionable service under this scheme. (2) For a person who is a deferred member of this scheme in relation to two or more continuous periods of pensionable service, this Chapter applies separately in relation to each of those periods of service.
Propose a change(1) This regulation applies when an active member of this scheme becomes a deferred member of this scheme. (2) The scheme manager must— (a) close the active member’s account for that period of service; and (b) establish a pension account for the deferred member for that period of service. (3) For the purpose of these Regulations, an account established under paragraph (2)(b) is called a deferred member’s account.
Propose a change(1) The deferred member’s account must specify the provisional amount of deferred pension. (2) The provisional amount of deferred pension is the sum of— (a) the amount of accrued earned pension calculated under regulation 23(3) (calculation of amount of accrued pension for purposes of deferment or retirement) (“accrued amount”); and (b) the retirement index adjustment for the accrued amount; and (c) the assumed age addition (if any) for the accrued amount. (3) The retirement index adjustment is not applied in relation to the amount of accrued earned pension if a transfer payment was made before the end of the last active scheme year in respect of the member’s rights to that accrued earned pension. (4) The assumed age addition applies in relation to a member who reaches normal pension age under this scheme at least one month before the last day of pensionable service.
Propose a change(1) This regulation applies when a deferred member of this scheme becomes entitled to the immediate payment of a retirement pension for a period of service. (2) The deferred member’s account must specify the retirement amount of deferred pension. (3) The retirement amount of deferred pension is the sum of— (a) the amount of any accrued added pension transferred to the deferred member’s account, (b) the retirement PIA index adjustment for the accrued added pension, (c) the assumed age addition (if any) for the accrued added pension, and (d) the provisional amount of deferred pension. (4) For the retirement amount of deferred pension, the deferred member’s account must specify— (a) the early payment reduction (if any); (b) the commutation amount (if any); and (c) the total allocation amount (if any).
Propose a changeWhen a deferred member who has received the early payment of a deferred pension under regulation 67 (early payment of retirement pension to deferred member) ceases to be entitled to the early payment of the deferred pension under regulation 69(7)(consequences of review), the scheme manager must make the necessary adjustments to the deferred member’s account.
Propose a changeIf a lower tier ill-health pension ceases to be payable to a person (P) under regulation 69 (consequences of review) and P does not re-enter pensionable service— (a) a deferred member’s account must be established; and (b) that account must be credited with an amount equal to the annual rate of the lower tier ill-health pension payable immediately before the lower tier ill-health pension ceased to be payable.
Propose a change(1) This regulation applies when a deferred member of this scheme re-enters pensionable service under this scheme after a gap in pensionable service not exceeding five years. (2) The scheme manager must— (a) close the deferred member’s account in relation to that period of service and treat the deferred member’s account as if it were never established; (b) re-establish the active member’s account under Chapter 5 in relation to that period of service; and (c) make entries in the active member’s account as if, during the gap in pensionable service the member— (i) was in pensionable service under this scheme, but (ii) received no pensionable pay. (3) Where a deferred member had more than one deferred member’s account which has been opened within five years of the date in paragraph (1) the member may within three months of the date of re-entering scheme employment select which deferred member’s accounts should be closed. (4) If the deferred member fails to make the selection mentioned in paragraph (3), the scheme manager must select which of the deferred member’s accounts is to be closed.
Propose a change(1) This regulation applies in relation to a continuous period of pensionable service under this scheme. (2) When an active member of this scheme becomes entitled to the immediate payment of a retirement pension or an ill-health award, the scheme manager must— (a) close all the active member’s accounts for that member and any added pension account; and (b) establish an account for the pensioner member for that period of service. (3) When an active member of this scheme exercises the partial retirement option and becomes entitled under regulation 58(1) (entitlement to retirement pension) to the immediate payment of a retirement pension, the scheme manager must— (a) close the active member’s account for the period of earlier service; (b) establish an account for the pensioner member for that period of earlier service; (c) close any added pension account and transfer the amount of accrued added pension to the retirement account; and (d) establish a new active member’s account under Chapter 5 for the member’s continuing service as if the first day of pensionable service in the scheme employment is the day after the option date. (4) When a deferred member becomes entitled to the immediate payment of a retirement pension the scheme manager must— (a) close any added pension account; and (b) transfer the amount of accrued added pension if any, to the deferred member’s account. (5) For the purpose of these Regulations, an account established for a pensioner member under paragraph (2)(b) or (3)(b) is called a retirement account. (6) In this regulation— “continuing service” means pensionable service that continues following the exercise of the partial retirement option in regulation 63 (exercise of partial retirement option) after the option date; “option date” means the date on which the partial retirement option is exercised and the member becomes entitled to the immediate payment of a retirement pension; and “period of earlier service” means the continuous period of pensionable service ending on the option date.
Propose a change(1) The retirement account must specify, for accrued earned pension and accrued added pension, the amount of that retirement pension. (2) The amount of retirement earned pension is the sum of— (a) the amount of the accrued earned pension calculated under regulation 23(3) (calculation of amount of accrued pension for purpose of deferment or retirement) (“accrued amount”); (b) the retirement index adjustment for the accrued amount; and (c) the assumed age addition (if any) for the accrued amount. (3) The amount of any retirement added pension is the sum of— (a) the amount of the accrued added pension calculated under regulation 23(4) (calculation of amount of accrued pension for purpose of deferment or retirement); (b) the retirement PIA index adjustment for the accrued added pension; and (c) the assumed age addition (if any) for the accrued added pension. (3A) Where the active member is entitled to an equivalent amount to the 1992 Scheme lower tier ill-health pension or to an equivalent amount to the NFPS lower tier ill-health pension, the retirement account must specify that amount. (4) For the amount of retirement earned pension and the amount of retirement added pension, the retirement account must specify— (a) the early payment reduction (if any); (b) the commutation amount (if any); and (c) the total allocation amount (if any). (4A) For an equivalent amount to the 1992 Scheme lower tier ill-health pension or an equivalent amount to the NFPS lower tier ill-health pension, the retirement account must specify any commutation amount. (5) The assumed age addition applies in relation to a member who reaches normal pension age under this scheme at least one month before the last day of pensionable service.
Propose a change(1) The scheme manager must establish a pension account for each person who is entitled to a pension under this scheme as a surviving partner or eligible child following the death of an active member, deferred member or pensioner member. (2) The scheme manager must— (a) close the active member’s account or the deferred member’s account or the retirement account (as the case may be) and the added pension account (if any); and (b) establish a pension account for each survivor member. (3) For the purpose of these Regulations— (a) a person entitled to a pension in the circumstances mentioned in paragraph (1) is called a survivor member; and (b) an account established under paragraph (2)(b) is called a survivor member’s account.
Propose a changeThe survivor member’s account must be credited with an amount equal to the annual rate of pension payable to the survivor member calculated in accordance with the appropriate regulation in Chapter 2 (pensions for surviving partners) or Chapter 3 (pensions for eligible children) of Part 6 (death benefits), as the case may be, which confers the pension on the survivor member.
Propose a change(1) The scheme manager must establish a pension account for each pension credit member of this scheme. (2) If a pension credit member has more than one pension credit derived from two or more pension debit members, the scheme manager must establish a pension credit member’s account in relation to each pension debit member. (3) The pension credit member’s account must specify the amount of credited pension, and for that amount, the commutation amount (if any). (4) On the establishment of the pension credit member’s account, the accounts established under this Part for the pension debit member must be reduced by the relevant amount. (5) For the purpose of these Regulations, an account established for a pension credit member under paragraph (1) is called a pension credit member’s account. (6) In this regulation— “amount of credited pension” means an amount equal to the pension credit calculated in accordance with regulations made under paragraph 5(b) of Schedule 5 (pension credits: mode of discharge) to WRPA 1999; “relevant amount” is the amount that the scheme manager, after consultation with the scheme actuary, considers appropriate having regard to— the cash equivalent that would have been payable under Chapter 2 of Part 4A (requirements relating to pension credit benefit: transfer values) of PSA 1993 in respect of the pension credit member’s right to benefits under this scheme attributable (directly or indirectly) to the pension credit; and the provisions of sections 29 (creation of pension credits and debits) and 31 (reduction of benefit) of WRPA 1999.
Propose a changeIf a pension credit member of this scheme is also an active member, deferred member, pensioner member or survivor member of this scheme, the scheme manager must establish a pension credit member’s account in addition to any other account established for the member under this Part.
Propose a changeThis Part applies in relation to retirement benefits payable in respect of a continuous period of pensionable service under this scheme.
Propose a change(1) In these Regulations, “qualifying service” in relation to a member’s pension account, means the total of— (a) any pensionable service under this scheme in relation to the same pension account; (b) if a transfer value payment has been accepted under Part 10 (transfers) in respect of a member’s accrued rights under another occupational pension scheme, the member’s period of pensionable service under that scheme; and (c) for a transition member with continuity of service, subject to paragraphs (2), (3), (4) and (5), the member’s pensionable service reckonable under rule F1 (reckoning of and certificates as to pensionable service) of the 1992 Scheme (if any) and the member’s qualifying service under the NFPS (if any). (2) Where a transition member has more than one active member’s account, and was a member of the 1992 Scheme, the pensionable service reckonable under rule F1 must be added to the pensionable service for the active member’s account in respect of which the scheme employment is the most similar to the employment which was pensionable under the 1992 Scheme. (3) Where a transition member has more active member’s accounts than the number of contracts of employment in respect of which that member was a member of the NFPS, the qualifying service under the NFPS must be added to the pensionable service for the active member’s account in respect of which the scheme employment is most similar to the employment which was pensionable under the NFPS. (4) Where a transition member was a member of the 1992 Scheme and the NFPS or had two or more contracts of employment in respect of which that member was a member of the NFPS, the pensionable service reckonable under rule F1 or the qualifying service under the NFPS, as the case may be, must be added to the pensionable service for the active member’s account in respect of which the scheme employment is most similar to the employment which was pensionable under the 1992 Scheme or the NFPS. (5) If the scheme manager is not certain which service pensionable under the 1992 Scheme or qualifying service under the NFPS is the most similar to the scheme employment for a particular pension account, the member may decide which pensionable service under the 1992 Scheme or qualifying service under the NFPS is to be added to the pensionable service in relation to a member’s pension account and notify the scheme manager by written notice, in a form required by the scheme manager. (6) None of the following counts as qualifying service— (a) any pensionable service under this scheme in respect of which a person’s rights under this scheme are extinguished; (b) any pensionable service under the 1992 Scheme or the NFPS in respect of which a person’s rights under that scheme are extinguished; (c) any unauthorised absence from scheme employment.
Propose a change(1) Subject to paragraph (2), a member of this scheme (P) is entitled to the immediate payment of a retirement earned pension under this scheme if— (a) P— (i) has reached the age of 55, (ii) has at least three months qualifying service, (iii) has claimed payment of a retirement pension, and (iv) is no longer employed in a scheme employment and so is not entitled to be an active member of this scheme; or (b) P has exercised the partial retirement option. (2) Where a member is entitled to an ill-health award, the requirement in paragraph (1)(a)(i) does not apply to that member. (3) On becoming entitled to the immediate payment of a retirement earned pension, P is entitled to immediate payment of a retirement added pension if P had an added pension account in this scheme before becoming so entitled. (4) The claim for payment of a retirement pension must be made by notice to the scheme manager in a form required by the scheme manager and must be given before the date on which the first payment of the retirement pension is paid.
Propose a change(1) This regulation applies when an active member of this scheme becomes entitled to the immediate payment of a retirement pension. (2) The annual rate of a retirement pension payable on the day following the last day of pensionable service to a member to whom this regulation applies is calculated by adding the total of sub-paragraphs (a), (b), (ba) and (c)— (a) the sum of— (i) the amount of retirement earned pension specified in the member’s retirement account, (ii) subtracting the early payment reduction (if any), specified in that account in relation to that amount, (iii) subtracting the commutation amount (if any) specified in that account in relation to that amount, (iv) subtracting the total allocation amount (if any) specified in that account in relation to that amount; and (b) the sum of— (i) the amount of retirement added pension (if any) specified in the member’s retirement account, (ii) subtracting the early payment reduction (if any), specified in that account in relation to that amount, (iii) subtracting the commutation amount (if any) specified in that account in relation to that amount, (iv) subtracting the total allocation amount (if any) specified in that account in relation to that amount; and (ba) the sum of— (i) the equivalent amount to the NFPS lower tier ill-health pension (if any) or the equivalent amount to the 1992 Scheme lower tier ill-health pension (if any) specified in the member’s retirement account, (ii) subtracting the commutation amount (if any) specified in that account in relation to that amount; and (c) the amount of the higher tier ill-health pension (if any) awarded to the member under regulation 64(2)(entitlement to lower tier ill-health pension and higher tier ill-health pension).
Propose a change(1) This regulation applies when a deferred member of this scheme becomes entitled to the immediate payment of a retirement pension. (2) The annual rate of a retirement pension payable to a member to whom this regulation applies is calculated by subtracting from the retirement amount of deferred pension specified in the deferred member’s account— (a) the early payment reduction (if any), specified in that account in relation to that amount; (b) the commutation amount (if any) specified in that account in relation to that amount; (c) the total allocation amount (if any) specified in that account in relation to that amount.
Propose a change(1) This regulation applies when an actuarial reduction is to be applied when calculating the annual rate of pension to be payable to an active member who has not reached normal pension age or to a deferred member who has not reached deferred pension age. (2) An active member (A) may claim a retirement pension to be paid after A has reached the age of 55 and before A has reached normal pension age. (3) The actuarial reduction to be applied in a case falling in paragraph (2) is calculated in accordance with actuarial guidance which reduces the pension on the basis that A had not reached normal pension age. The actuarial guidance must have regard to actuarial neutrality compared to the present value of a pension payable at normal pension age, with future increases between the date of A’s early retirement and normal pension age being in line with increases under PIA 1971. (4) A deferred member (D) may claim a retirement pension to be paid after D has reached the age of 55 and before D has reached deferred pension age. (5) The actuarial reduction to be applied in a case falling in paragraph (4) is in accordance with actuarial guidance which reduces the pension on the basis that D had not reached deferred pension age. The actuarial guidance must have regard to actuarial neutrality compared to the present value of a pension payable at deferred pension age, with future increases between the date of D’s early retirement and deferred pension age being in line with increases under PIA 1971.
Propose a change(1) Where an active member who has attained the age of 55 or over but has not attained normal pension age is dismissed by an employer from a scheme employment by reason of business efficiency or whose employment is terminated by mutual consent on the grounds of business efficiency and the employer makes the determination in paragraph (2), that member’s pension is calculated in accordance with regulation 59 (annual rate of retirement pension (active members)) without the early payment reduction. (2) An employer may only pay a retirement pension of the amount mentioned in paragraph (1) in the circumstances mentioned in that paragraph where the employer determines that a retirement pension awarded on that basis would assist the economical, effective and efficient management of its functions having taken account of the costs likely to be incurred in the particular case. (3) Where an employer is considering making the determination in paragraph (2) in respect of an active member who is a connected member of the NFPS, or a connected special member of the NFPS, in relation to that active member’s pension account, the employer must also consider making a determination under rule 6 (pension on authority initiated early retirement) of Part 3 of the NFPS.
Propose a change(1) This regulation applies to an active member of this scheme (P) in relation to a continuous period of pensionable service who— (a) is aged at least 55; and (b) would be entitled to the immediate payment of a retirement pension in relation to that period of service if P left pensionable service and claimed payment of the pension. (2) P may opt to continue in pensionable service under this scheme but claim payment of the whole of P’s accrued pension in relation to the pensionable service rendered before the exercise of the partial retirement option. (3) Where P has more than one active member’s account, the partial retirement option may be exercised in respect of some or all of P’s active member’s accounts. (4) The partial retirement option may only be exercised by notice to the scheme manager (“option notice”) in a form required by the scheme manager and must be given before the date on which the first payment of the retirement pension is claimed. (5) For the purpose of these Regulations, the partial retirement option is taken to be exercised on such date as the member and the scheme manager agree. (6) An option notice must specify that P claims the whole of P’s pension accrued in respect of P’s active member’s account in respect of the earlier service of that scheme employment.
Propose a change(1) An active member of this scheme (P) who exercises the partial retirement option is entitled to the immediate payment of a retirement pension. (2) The annual rate of a retirement pension is calculated under regulation 59 (annual rate of retirement pension (active members)) by reference to the amount of that description of retirement earned pension and retirement added pension (if any) specified in the member’s retirement account. (3) For the purposes of this Part, where a member exercises the partial retirement option that member’s last day of pensionable service in relation to the pensionable service in respect of which the partial retirement option is exercised is the day on which the member exercised the partial retirement option.
Propose a change(1) An active member who has not reached normal pension age is entitled to immediate payment of a lower tier ill-health pension if the following conditions are met— (a) in the opinion of an IQMP the member is incapable of performing any of the duties of the role in which the member was last employed because of incapacity of mind or body and this incapacity will continue until normal pension age; (b) the member has three months of qualifying service; (c) consequent on the incapacity in sub-paragraph (a), the member has been dismissed or retired from scheme employment; and (d) the scheme manager has determined that the member is entitled to a lower tier ill-health pension. (2) An active member is entitled to immediate payment of a higher tier ill-health pension in addition to the lower tier ill-health pension if the following conditions are met— (a) in the opinion of an IQMP the member is incapable of undertaking regular employment because of incapacity of mind or body and this incapacity will continue until normal pension age; (b) the member has at least five years of qualifying service; (c) the member is entitled to a lower tier ill-health pension; and (d) the scheme manager has determined that the member is entitled to a higher tier ill-health pension. (2A) Where paragraph (2B) applies, the references to normal pension age in paragraphs (1)(a) and (2)(a) are to be read as references to normal pension age under the 1992 Scheme. (2B) This paragraph applies where— (a) the authority has decided to obtain the written opinion of an IQMP under rule H1 (determination by fire authority) of the 1992 Scheme concerning whether a member of that Scheme is permanently disabled or able to undertake regular employment before making a determination as to whether the member is entitled to an ill-health award under rule B3 (ill health awards) of the 1992 Scheme; and (b) the determination has not been made before 1st April 2022. (3) In these Regulations, an ill-health award means the entitlement to the payment of a lower tier ill-health pension, and in cases where the member is also entitled to a higher tier ill-health pension, the payment of a higher tier ill-health pension. (4) Where an active member (A) is entitled to a lower tier ill-health pension and paragraph 22 (transition member who has not reached normal pension age under the NFPS) or paragraph 24 (transition member who has not reached normal pension age under the 1992 Scheme) of Schedule 2 to these Regulations applies in relation to A— (a) if paragraph 22 applies in relation to A, A is also entitled to an amount equivalent to the annual amount of a lower tier ill-health pension that would, if the member were entitled to payment of a lower tier ill-health pension under rule 2(2) of the NFPS, be payable to the member under the NFPS; (b) if paragraph 24 applies in relation to A, A is also entitled to an amount equivalent to the annual amount of a lower tier ill-health pension that would, if the member were entitled to payment of a lower tier ill-health pension under rule B3 (ill health awards) of the 1992 Scheme, be payable to the member under the 1992 Scheme. (5) In these Regulations— (a) the amount equivalent to the annual amount of a lower tier ill-health pension in sub-paragraph (a) of paragraph (4) is referred to as the “equivalent amount to the NFPS lower tier ill-health pension”; (b) the amount equivalent to the annual amount of a lower tier ill-health pension in sub-paragraph (b) of paragraph (4) is referred to as the “equivalent amount to the 1992 Scheme lower tier ill-health pension”.
Propose a change(1) The annual rate of a lower tier ill-health pension and of a higher tier ill-health pension is calculated as follows. (2) The annual rate of a lower tier ill-health pension is calculated in accordance with paragraphs (2)(a) and (2)(b) of regulation 59 (annual rate of retirement pension (active members)), but without subtracting the early payment reduction. (3) The annual rate of a higher tier ill-health pension is calculated by multiplying the annual amount of the adjusted lower tier ill-health pension by the member’s assumed period of pensionable service and by 2%. (3A) In the case of a member who is entitled to an equivalent amount to the NFPS lower tier ill-health pension or to an equivalent amount to the 1992 Scheme lower tier ill-health pension, the adjusted lower tier ill-health pension includes the adjusted equivalent amount. (4) In this regulation— “the adjusted lower tier ill-health pension” means the lower tier ill-health pension payable under paragraph (2) calculated— excluding an amount equal to the amount of any added pension which had been included in the calculation of the lower tier ill-health pension, and without the deduction for any commuted portion of the pension; “the adjusted equivalent amount” means— in the case of a member who is entitled to an equivalent amount to the NFPS lower tier ill-health pension, that amount calculated— excluding from the calculation the amount of any additional period of service purchased under Part 11 of the NFPS, and without the deduction of any commuted portion; in the case of a member who is entitled to the equivalent amount to the 1992 Scheme lower tier ill-health pension, that amount calculated without the deduction of any commuted portion. “the member’s assumed period of pensionable service” means the period expressed in years— beginning with the day after the member’s continuous period of pensionable service ceased, and ending with the day before the day on which the member would reach normal pension age.
Propose a changeA deferred member who has not reached deferred pension age is entitled to immediate payment of a retirement pension calculated under regulation 60 (annual rate of retirement pension (deferred members)) without subtracting the early payment reduction if the following conditions are satisfied— (a) the member has given written notice requesting payment of the pension before deferred pension age to the scheme manager; (b) in the opinion of the IQMP the member is incapable of undertaking regular employment because of infirmity of mind or body and this incapacity will continue until deferred pension age; and (c) the scheme manager has determined that the member is entitled to the early payment of the retirement pension.
Propose a change(1) Where a member (P) has been in receipt of an ill-health award under regulation 65 (entitlement to lower tier ill-health pension and higher tier ill-health pension) for less than 10 years, and is under deferred pension age, the scheme manager must consider, at such intervals as it considers appropriate, whether P has become capable— (a) of performing any duty appropriate to the role from which P retired on grounds of ill-health; and (b) of undertaking regular employment. (2) The scheme manager must consider, at such intervals as it considers appropriate before the member reaches deferred pension age, in relation to a pensioner member who was a deferred member and whose pension is being paid early by virtue of regulation 67 (early payment of retirement pension to a deferred member), whether the member has become capable of undertaking regular employment.
Propose a change(1) If, on such consideration as is mentioned in regulation 68(1) (review of ill-health award or early payment of retirement pension), the scheme manager determines that a member (H) who is in receipt of a higher tier ill-health pension has become capable of undertaking regular employment, H’s entitlement to that pension must cease with immediate effect. (2) Subject to paragraph (3), a lower tier ill-health pension must continue to be paid to a member who ceases to be entitled to a higher tier ill-health pension. (3) If— (a) on such consideration as is mentioned in regulation 68(1) (review of ill-health award or early payment of retirement pension), the scheme manager determines that a member (L) who is in receipt of a lower tier ill-health pension has become capable of performing the duties appropriate to the role from which L retired on grounds of ill-health; and (b) the employer makes L an offer of employment in that role (“a paragraph (3)(b) offer”), L’s entitlement to a lower tier ill-health pension must cease whether L accepts or declines the offer. (4) The employer must by written notice when making a paragraph (3)(b) offer specify a date by which, if the member has not accepted the offer, the member will be taken to have declined it. (5) A lower tier ill-health pension ceases to be payable on the earlier of the following dates— (a) the date on which a member re-enters scheme employment pursuant to a paragraph (3)(b) offer; or (b) such date after the paragraph (3)(b) offer is made as the employer specifies by notice under paragraph (4). (6) Where a member declines a paragraph (3)(b) offer, a deferred member’s account must be established under regulation 48 (account established after ill-health award ceases to be payable) from the date on which that member’s ill-health award ceases to be payable in accordance with paragraph (5). (6A) Where L is entitled to an equivalent amount to the NFPS lower tier ill-health pension or to an equivalent amount to the 1992 Scheme lower tier ill-health pension, paragraphs (3) and (5) apply as if the reference to “lower tier ill-health pension” included an equivalent amount to the NFPS lower tier ill-health pension or an equivalent amount to the 1992 Scheme lower tier ill-health pension, as the case may be. (7) If, on such consideration as is mentioned in regulation 68(2) (review of ill-health award or early payment of retirement pension), the scheme manager has obtained the IQMP’s opinion which states that a deferred member (P) whose deferred pension is being paid early has become capable of undertaking regular employment, P’s entitlement to early payment of the pension must cease with immediate effect and P’s deferred member’s account must be adjusted under regulation 47 (adjustment of account after early payment of deferred pension ceases).
Propose a change(1) The first period for which any retirement pension is payable immediately on a member leaving scheme employment, begins with the day after the date on which the employment ends where the member has made a claim for payment of that pension before that date. (2) Where an active member has not claimed payment of the retirement pension before the date on which that member retires, the pension will be payable from a date after the claim is made as notified to the member by the scheme manager. (3) Where the employer of an active member has determined to pay that member a retirement pension before the member reaches normal pension age in exercise of the powers in regulation 62 (employer initiated retirement), the first period for which the pension is payable begins on the day after the member’s scheme employment ends. (4) In the case of an active member who exercises the partial retirement option, the first period for which any retirement pension is payable begins on the day after the date on which the partial retirement option is exercised. (5) In the case of a deferred member, the first period for which payment of a retirement pension is to be payable begins on the date on which the member attains deferred pension age where a deferred member has claimed payment of a retirement pension unless that member gives written notice to the scheme manager before the member reaches deferred pension age— (a) requesting to defer payment by notice given to the scheme manager more than three months before the member reaches deferred pension age and any such deferral must not extend beyond the day before the member’s 75th birthday; (b) requesting payment of the retirement pension before deferred pension age after the deduction of the early payment reduction; or (c) requesting the early payment of the retirement pension under regulation 67 (early payment of retirement pension to deferred member) on grounds of incapacity to undertake regular employment. (6) Where an active member is entitled to a lower tier ill-health pension or a higher tier ill-health pension under regulation 65 (entitlement to lower tier ill-health pension and higher tier ill-health pension) the first period for which a retirement pension is payable is the day after the date on which the member’s scheme employment is terminated. (7) Where a deferred member has made a request referred to in paragraph (5)(c) and is entitled to the early payment of a retirement pension, the first period for which the pension is payable begins on the date on which the deferred member became incapable of undertaking regular employment because of infirmity of body or mind, or if that date cannot be ascertained, from the date of the member’s request to the scheme manager for early payment. (8) Where a deferred member has made a request referred to in paragraph (5)(a) or (b), the pension will be payable from a date after the claim for it is made which is notified to the member by the scheme manager.
Propose a change(1) A member who becomes entitled to the immediate payment of a retirement pension may opt under this regulation to exchange part of the pension for a lump sum. (2) The option may only be exercised— (a) by written notice to the scheme manager which sets out the amount to be commuted; and (b) before the first payment of the pension is made. (3) If a member exercises the option, for every £1 by which the amount of the member’s annual rate of pension is reduced, the member must be paid a lump sum of £12. (4) A member may not exchange for a lump sum more than the lesser of— (a) 25% of the pension ... under this regulation; or (b) the proportion of the pension to the extent that it would result in a scheme chargeable payment for the purposes of Part 4 of FA 2004. (5) This regulation does not apply to a pension derived from pension credit rights if the pension debit member from whose rights the pension is derived has received a lump sum under this regulation before the date on which the pension sharing order takes effect. (6) This regulation does not apply to a higher tier ill-health pension.
Propose a change