PART 5Members’ benefits

CHAPTER 4Partial retirement

Effect of election84

1

This regulation applies if a member (M) makes an election under regulation 83.

2

M is entitled—

a

if M has reached normal pension age, to immediate payment of the specified percentage of the pension to which M would be entitled by virtue of regulation 72(1) if M had ceased to be employed in one or more employments on the election day;

b

if M has not reached normal pension age, to immediate payment of the specified percentage of the pension to which M would be entitled by virtue of regulation 78 if M had ceased to be employed in one or more employments on the election day; and

c

if the election specifies that M claims immediate payment of additional pension, to the additional pension subject—

i

where sub-paragraph (a) applies, to an increase of the same amount as would be made in that pension pursuant to paragraph 2 of Schedule 11 if M had ceased to be employed on the election day; and

ii

where sub-paragraph (b) applies, to a reduction of the same amount as would have been made in that pension pursuant to regulation 78 if M had so ceased to be employed.

3

For the purposes of this Part—

a

M is a pensioner member as respects—

i

the pension to which M is immediately entitled as a result of making the election; and

ii

the specified percentage of the pensionable service that pension represents, as respects which M is an active member on the election day;

b

if M continues in pensionable service after the election day, M is an active member as respects—

i

the pensionable service after that day in which M continues; and

ii

so much of the pensionable service in respect of which M is an active member as is not within sub-paragraph (a) (the unspecified service); and

c

if M does not continue in pensionable service after the election day, M is a deferred member as respects the unspecified service.