The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015

Redundancy retirement : additional contribution option applies

35.—(1) Where for the purposes of regulation 82(2)(f) of the 2015 Regulations an officer transition member’s employing authority has provided confirmation in a written notice that the additional contribution option applies—

(a) the additional contribution option also applies for the purposes of benefits payable under the old scheme; and

(b) paragraph (2) applies to determine the relevant amount for the purposes of regulation —

(i) D2(3A) of the 1995 Regulations(1);

(ii) 2.C.6(2A) of the 2008 Regulations(2); and

(iii) 35(2) of the 2015 Regulations.

(2) The relevant amount is the lesser of—

(a) the aggregate of the amounts which it is determined that the employing authority is required to pay in order to meet the cost of paying the pension under—

(i) regulation—

(aa) E3A of the 1995 Regulations; or

(bb) 2.D.11 of the 2008 Regulations; and

(ii) regulation 82 of the 2015 Regulations;

(b) the amount the employing authority would otherwise be required to pay to the member in consequence of the member’s redundancy.

(3) Where the relevant amount is the amount at paragraph (2)(b), that amount must first be applied for the purposes of meeting the costs of paying the member’s benefits under the old scheme.

(4) Where—

(a) the member makes an additional contribution for the purposes of regulation—

(i) D1A of the 1995 Regulations(3);

(ii) 2.C.4A of the 2008 Regulations(4); or

(iii) 32 of the 2015 Regulations; and

(b) the relevant amount paid by the member’s employing authority is not sufficient to meet the costs of paying the old scheme benefits,

the member’s additional contribution must first be applied for the purposes of meeting the costs of paying the member’s benefits under the old scheme.

(1)

Paragraph (3A) is inserted by S.I. 2015/96.

(2)

Paragraph (2A) is inserted by S.I. 2015/96.

(3)

Regulation D1A is inserted by S.I. 2015/96.

(4)

Regulation 2.C.4A was inserted by S.I. 2015/96.