The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015

Substitution of regulation 6

57.  For regulation 6 (circumstances in which elections cease to have effect), substitute—

“Circumstances in which elections cease to have effect

6.— (1) An election shall cease to have effect where a contributor—

(a) leaves pensionable employment;

(b) ceases to be in pensionable employment by virtue of an election under regulation B4 of the 1995 Regulations, regulation 2.B.5 or 3.B.5 of the 2008 Regulations or regulation 15(2) of the 2015 Regulations (all of which deal with opting-out of the scheme in question) as the case may be; or

(c) who, at the time of making the election, was subject to the 1995, 2008 or (as the case may be) 2015 Regulations and who receives payment of all of their benefits under those particular Regulations.

This is subject to paragraphs (2) and (3).

(2) A contributor whose election ceases in accordance with paragraph (1)(c) is not prevented from making a further election that complies with regulation 3.

(3) Where a contributor gives written notice to the Secretary of State for the purposes specified in regulation 5(1)(c), an election—

(a) does not cease to have effect, and

(b) continues to be subject to the normal benefit age applicable at the time it was made.

This does not apply where sub-paragraphs (a) or (c) of paragraph (1) apply.”.