The National Health Service Pension Scheme (Amendment) Regulations 2008

Amendment of regulation Q1

45.—(1) Regulation Q1 (right to buy additional service) shall be amended as follows.

(2) After paragraph (1) insert—

“(1A) A member may only increase the member’s rights to benefit by buying additional service, other than that to which paragraph (9) of this regulation refers, if—

(a) the member has given notice of the member’s intention to exercise that right in writing or in such other form as the Secretary of State agrees to accept; and

(b) that notice is received by the member’s employing authority or the scheme administrator on or before 31st March 2008; and

(c) the Secretary of State accepts an election to pay for additional service under regulation Q3 and the member makes regular additional contributions in respect of that election from a birthday that falls between 1st April 2008 and 31st March 2009.”.

(3) For paragraph (2) substitute—

“(2) A member buying additional service to which paragraph (9) of this regulation refers, may choose to pay for that additional service by—

(a) making a single payment in accordance with regulation Q4; or

(b) making regular additional contributions in accordance with regulation Q6; or

(c) a combination of (a) and (b).

(2A) A member buying additional service other than that to which paragraph (9) of this regulation refers, must pay for that additional service by making regular additional contributions in accordance with regulation Q6.”.

(4) In paragraph 4(a) for “(early retirement pension on grounds of ill health)”, substitute “or E2A”.

(5) After paragraph (5A) insert—

“(5B) For the purpose of regulation G14 (surviving nominated partner’s pension), if a member who has a nominated partner exercised the member’s right to buy additional service before 6 April 1988, the additional service bought as a result of the exercise of that right will be treated as service before 6th April 1988.”.

(6) In paragraph (11) omit the definition of “tax year”.