The National Health Service (Superannuation) Amendment Regulations 1987

Amendment of regulation 21 of the principal Regulations

10.  In regulation 21 of the principal Regulations (reckoning as service of previous periods of employment)—

(a) in paragraph (1)(c)(i), for “6 months” there shall be substituted “1 year”;

(b) in paragraph (1)(c)(ii) there shall be added at the end “from that scheme.”;

(c) for paragraph (3) there shall be substituted the following paragraph—

“(3) Subject to paragraphs (4) and (6), where a person enters employment as an officer and paragraph (1) does not apply to him, and in consequence of his service in previous employment he has accrued rights to benefits under a superannuation scheme (whether or not his rights are preserved in that scheme or have been transferred to and are held under one or more such schemes or are appropriately secured for the purposes of section 52C of the Pensions Act by one or more appropriate policies) that service shall be reckonable at its full length for the purpose of determining whether any benefit is payable to or in respect of him under these Regulations, if—

(a) within 12 months after entering employment as an officer he gives written notice to the Secretary of State that he wishes the Secretary of State to request a transfer payment in relation to some or all of his accrued rights from—

(i) the trustees or managers of the superannuation scheme under which some or all of those rights are held, or

(ii) from the insurance company with whom an appropriate policy securing some or all of those rights is held;

and

(b) those trustees or managers or that insurance company makes a transfer payment in respect of some or all of those rights to the Secretary of State, and, when the Secretary of State so requests, indicating the period of service in respect of which it is made.”;

(d) in paragraph (4) from “, and the contributing service reckonable in respect of any part of the former employment” to the end shall be omitted;

(e) for paragraph (6)(c) there shall be substituted the following sub-paragraph—

“(c) decline to accept a transfer payment in respect of a person under paragraph (3), if it does not exceed the annual amount of the guaranteed minimum pension for which the Secretary of State would have been liable as a result of accepting it multiplied by the factor appropriate to that person, as set out in column 2 of the following table opposite his age, as at the date when the Secretary of State is requested to accept the transfer payment, as set out in column 1—

Age	Appropriate factor
29 or under	8
30 to 39	9
40 to 49	10
50 or over	12”.