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PART 3BENEFITS FOR PRACTITIONERS, ETC.

CHAPTER 3.DMEMBERS’ RETIREMENT BENEFITS

Dual capacity membership

Dual capacity membership

3.D.16.—(1) This paragraph applies if a member is—

(a)a member of this Section of the scheme of two or more of the kinds specified in paragraph (2);

(b)a pensioner member in respect of two or more pensions; or

(c)a deferred member in respect of two or more pensions.

(2) The kinds of member are—

(a)an active member or a non-contributing member;

(b)a deferred member;

(c)a pensioner member; and

(d)a pension credit member.

(3) If paragraph (1) applies, the general rule is that—

(a)benefits are payable to the member under this Chapter (or to any person to whom the member has opted to allocate pension under regulation 3.D.13 (election to allocate pension)) as if the member were two or more members of the kinds in question (so that two or more pensions or lump sums are payable in respect of the one member); and

(b)the amounts payable are to be determined accordingly.

(4) The rule in paragraph (3) is subject to any indication to the contrary and, in particular, does not affect the interpretation of—

(a)regulation 3.A.3(3) (meaning of “pensionable service”);

(b)regulation 3.D.5(8) (partial retirement: members aged at least 55) in a case where a member is both an active member or a non-contributing member and a pensioner member by virtue of that regulation;

(c)regulation 3.G.3 (exception to general rule);

(d)regulation 3.G.4 (effect of re-employment on upper tier ill health pensions);

(e)regulation 3.G.5 (re-employed lower tier ill health pensioners); or

(f)Chapter 3.H (abatement).

(5) If a person who is a pension credit member is entitled to two or more pension credits—

(a)benefits are payable to the person under this Section of the scheme (or to any person to whom the member has opted to allocate pension under regulation 3.D.13) as if the person were two or more persons, each being entitled to one of the pension credits (so that two or more pensions or lump sums are payable to the one pension credit member); and

(b)the amounts of those benefits are to be determined accordingly.