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The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

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Early payment of pension with actuarial reduction
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2.D.4.—(1) A member who has not reached age 65 is entitled to immediate payment of a reduced pension payable for life if the member—

(a)has reached age 55;

(b)meets the condition in regulation 2.D.1(2)(a) or (b) (normal retirement pensions);

(c)has ceased to be employed in NHS employment; and

(d)has claimed payment of the pension.

(2) The amount of the annual pension under this regulation—

(a)is first calculated as mentioned in regulation 2.D.1(4) (and, if additional pension is payable, in accordance with regulation 2.C.14(2) (effect of payment of additional contributions) or 2.C.16(2) (effect of part payment of periodical contributions)); and

(b)then that amount is reduced by such amount as the Scottish Ministers determine, after consulting the scheme actuary, to be appropriate by reason of the payment of the pension before the member reaches 65.

(3) A claim under paragraph (1) must be made by notice in writing in such form as the Scottish Ministers require and takes effect—

(a)in the case of a deferred member, from the date specified in the claim as the date on which the pension is to become payable; and

(b)in the case of an active member or a non-contributing member, from the day immediately following the day on which the member ceased to be employed in NHS employment.

(4) A member is not entitled to a pension under this regulation if the Scottish Ministers determine, having taken advice from the scheme actuary, that the pension, as reduced under paragraph (1), would be insufficient to meet their liability to provide a guaranteed minimum pension.

(5) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.12.

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