Treatment of service credited from the 1995 Section when benefits in cases of mixed service are payable
3.K.17.—(1) This regulation applies if a 2008 Section Optant who becomes a member of this Section of the scheme—
(a)is entitled to benefits under this Part;
(b)has a period, or periods, of officer service under Part 2 that entitles the Optant to have benefits considered under Part 4 (benefits in cases of mixed service); and
(c)has transferred—
(i)service up to 31st March 2008 from the 1995 Section that counts under regulation 2.K.3; or
(ii)service and pensionable earnings up to 31st March 2008 from the 1995 Section that counts under regulation 3.K.3.
(2) Subject to paragraphs (4) and (5), if paragraph (1) applies—
(a)pensionable service transferred from the 1995 Section under regulation 2.K.3(4) counts at the full length determined before application of the factor specified in that regulation, for the purpose of comparing benefits payable as calculated in accordance with regulations 4.B.2 to 4.B.8;
(b)pensionable service transferred from the 1995 Section under regulation 2.K.3(4) and pensionable earnings transferred from the 1995 Section under regulation 3.K.3(4) counts at the length or value determined after the application of the factor specified in those regulations for the purpose of calculating—
(i)any reference amount referred to regulations 4.B.2 to 4.B.8; and
(ii)any top up amount referred to in regulation 4.C.1 or, as the case may be, regulation 4.C.2.
(3) This paragraph applies if a 2008 Section Optant has—
(a)officer service that counts under regulation 2.K.3(4); or
(b)pensionable earnings in respect of practitioner service that counts under regulation 3.K.3(4); and
(c)that officer service or those pensionable earnings comprise two or more periods (separated by at least one day) of such service or two or more periods (separated by at least one day) in respect of which such earnings were earned.
(4) Where paragraph (3) applies, each separate period of officer service or each separate period in respect of which pensionable earnings were earned, must be calculated using the formula set out in paragraph (5) for the purposes of calculating—
(a)any reference amount referred to in regulations 4.B.2 to 4.B.8; and
(b)any top up amount referred to in regulation 4.C.1 or, as the case may be, regulation 4.C.2.
(5) That formula is—
(a)where paragraph (3)(a) applies—
where—
TNS is the total (net) service transferred to this Section of the scheme in regulation 2.K.3(4), after multiplying by the factor applicable to the case;
PGS is any part (gross) period of service within the total transferred to this Section of the scheme in regulation 2.K.3(4), before multiplying by the factor applicable to the case; and
TGS is the total (gross) service transferred to this Section of the scheme in regulation 2.K.3(4); and
where paragraph (3)(b) applies—
where—
TNE is the total (net) pensionable earnings transferred to this Section of the scheme in regulation 3.K.3(4), after multiplying by the factor applicable to the case;
PGE is any part (gross) amount of pensionable earnings within the total transferred to this Section of the scheme in regulation 3.K.3(4), before multiplying by the factor applicable to the case; and
TGE is the total (gross) amount of pensionable earnings transferred to this Section of the scheme in regulation 3.K.3(4).