The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000

PART II RETIREMENT PENSIONS

11.  The annual rate of a participator’s retirement pension derived from an annuity purchased in accordance with these Regulations must not be such as to cause the participator’s total retirement benefits to exceed the permitted amount.

12.—(1) Where the participator becomes entitled to a pension under regulation E1 of the Pension Scheme Regulations (normal retirement pension) on his 60th birthday, the permitted amount is the greater of E and F, where—

(a) E is 1/60th of the participator’s final remuneration multiplied by the number of years of his pensionable service not exceeding 40 years; and

(b) F is the lesser of G and H.

(2) For the purposes of sub-paragraph (1)—

(a) G is—

(i) in the case of a participator who entered pensionable employment before 17th March 1987, such fraction of his final remuneration as is specified in column (2) of the Table below in relation to the number of years of his pensionable service specified in column (1) of that Table—

Table

Column (1)	Column (2)
Years of pensionable service at age 60	Fraction
Not more than 5	1/60th for each year
6	8/60ths
7	16/60ths
8	24/60ths
9	32/60ths
10 or more	40/60ths

• and

(ii) in any other case, is 1/30th of the participator’s final remuneration multiplied by the number of the years of his pensionable service, not exceeding 20 years; and

(b) H is 2/3rds of the participator’s final remuneration less any retained benefits.

13.  Where the participator becomes entitled to a pension under regulation E1 of the Pension Scheme Regulations (normal retirement pension) on a date later than his 60th birthday, the permitted amount is the greatest of J, K and, where applicable, L, where—

(a) J is an amount calculated in accordance with paragraph 12 as at the material date;

(b) K is an amount calculated in accordance with paragraph 12 as at the participator’s 60th birthday increased up to the date of his retirement, in proportion to any increase in the Index during that period; and

(c) L is, in the case of a participator with more than 40 years of pensionable service, 1/60th of the participator’s final remuneration multiplied by the number of years of his pensionable service, not exceeding 45 years and excluding any years before the participator’s 60th birthday in excess of 40.

14.—(1) Where the participator becomes entitled to a pension under regulation L1 of the Pension Scheme Regulations (preserved pension)(1) the permitted amount is—

(a) where the participator first entered pensionable employment before 1st June 1989, the greater of—

where—

(i)

M is 1/60th of the participator’s final remuneration multiplied by the number of the years of his pensionable service, not exceeding 40 years;

(ii)

N is the number of years by reference to which M is calculated;

(iii)

P is the number of years by reference to which M would have been calculated if the participator had continued in pensionable employment until his 60th birthday;

(iv)

Q is the maximum amount calculated in accordance with paragraph 12 if the participator had continued in pensionable employment until he attained the age of 60;

(v)

R is the appropriate increase; and

(b) in any other case, the amount calculated in accordance with paragraph 12(1), (2)(a)(ii) and (2)(b) increased up to the date of his retirement in proportion to any increase in the Index during that period.

(2) For the purpose of sub-paragraph (1)(a)“the appropriate increase” is an increase in the amount in question in proportion to any increase in the Index during the period beginning with the cessation of pensionable employment and ending with the date of payment of the participator’s retirement pension.

15.  In their application to persons who are special class officers for the purposes of regulations R2 (nurses, physiotherapists, midwives and health visitors) and R3 (mental health officers) of the Pension Scheme Regulations, paragraphs 12 and 13 shall have effect subject to the modification that “55th birthday” shall be substituted for “60th birthday”, and “age of 55” shall be substituted for “age of 60”.

16.  If the participator becomes entitled to a pension under regulation E2 of the Pension Scheme Regulations (early retirement pension on grounds of ill health), the permitted amount is that fraction of the participator’s final remuneration, which in accordance with paragraph 12, he could have received had he remained in pensionable employment until his 60th birthday.

17.—(1) If the participator becomes entitled to a pension under regulation E3 (early retirement pension in respect of redundancy), E4 (early retirement pension with employer’s consent) or E5 (early retirement pension with actuarial reduction) of the Pension Scheme Regulations, the permitted amount is—

(a) where the participator first entered pensionable employment before 1st June 1989, the greater of—

• and

(b) in any other case, S.

(2) In sub-paragraph (1) above, M, N, P and Q have the same meaning as in paragraph 14, and S is the amount calculated in accordance with paragraph 12(1), (2)(a)(ii) and (2)(b).

(1)

Regulation L1 was amended by S.I. 2000/605.