Legislation – The National Health Service Pension Schemes (Remediable Service) Regulations 2023
Changes to legislation:
There are currently no known outstanding effects for The National Health Service Pension Schemes (Remediable Service) Regulations 2023, Section 74.
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PART 12Retirement pensions
Partial retirement: immediate choice members
74.
(1)
This regulation applies to an immediate choice member (“M”) who—
(a)
is entitled to a pension under—
(i)
(ii)
regulation 84 of the 2015 Regulations (election for partial retirement (members over normal minimum pension age)), and
(b)
either—
(i)
has remediable service that is pensionable service under the 2008 Section by virtue of section 2(1) of PSPJOA 2022 and does not make an immediate choice election under regulation 9 of these Regulations in respect of that service, or
(ii)
has remediable service that is pensionable service under the 2008 Section other than by virtue of section 2(1) of PSPJOA 2022 and makes an immediate choice election under regulation 9 of these Regulations in respect of that service.
(2)
M may elect to adjust the specified percentage of M’s pension (excluding any additional pension) in respect of which M has claimed immediate payment by an amount determined by the scheme manager as being necessary to maintain the amount of M’s annual partial retirement pension in payment at—
(a)
the end of the immediate choice election period where paragraph (1)(b)(i) applies to M, or
(b)
the date the member makes an immediate choice election under regulation 9 where paragraph (1)(b)(ii) applies to M.
(3)
Where this regulation applies—
(a)
the scheme manager must send a notice in writing to M of M’s right under paragraph (2) on or before the relevant date referred to in regulation 6(2);
(b)
M must, if M decides to exercise that right, give the scheme manager notice in writing of that decision—
(i)
within three months beginning with the day after the day on which the scheme manager sends the notice referred to in sub-paragraph (a), or
(ii)
by such later time as the scheme manager considers reasonable in all the circumstances of the case.
(4)
In this regulation, “specified percentage” in relation to M’s pension has the meaning given in regulation 2.D.5(4)(a) of the 2008 Regulations, regulation 3.D.5(3)(a) of the 2008 Regulations or regulation 84(3)(a) of the 2015 Regulations (whichever is relevant).