The National Health Service Pension Schemes (Remediable Service) Regulations 2023

Partial retirement: deferred choice members

75.—(1) This regulation applies to a deferred choice member (“ M”) who, at the operative time, is entitled to a pension under—

(a) regulation E5A of the 1995 Regulations(1) (partial retirement pension);

(b) regulation 2.D.5 or 3.D.5 of the 2008 Regulations (partial retirement (members aged at least 55)); or

(c) regulation 84 of the 2015 Regulations (election for partial retirement (members over normal minimum pension age)).

(2) M may make an election to substitute the specified percentage of M’s pension (excluding any additional pension) in respect of which M has claimed immediate payment with a different specified percentage (“a substitute percentage election”).

(3) The scheme manager must send a notice in writing to M of M’s right to make a substitute percentage election under paragraph (2) on or before the relevant date referred to in regulation 6(2).

(4) A substitute percentage election must—

(a) be made by M by notice in writing;

(b) be received by the scheme manager—

(i) within a period of three months beginning with the day after the scheme manager sends the notice referred to in paragraph (3), or

(ii) by such later time as the scheme manager considers reasonable in all the circumstances of the case;

(c) contain such information as the scheme manager requires;

(d) take effect from the day on which the member became entitled to the pension referred to in paragraph (1) (whichever is relevant); and

(e) be disregarded for the purposes of determining whether the member may make a further election for partial retirement under the regulation referred to in paragraph (1) (whichever is relevant).

(5) In this regulation—

“operative time” means, if a deferred choice election by virtue of regulation 12 is made in relation to M’s remediable service, the time when the election is made; otherwise, the end of the deferred choice election period in relation to M;

“specified percentage” in relation to M’s pension has the meaning given in regulation E5A(4)(a) of the 1995 Regulations, regulation 2.D.5(4)(a) of the 2008 Regulations, regulation 3.D.5(3)(a) of the 2008 Regulations or regulation 84(3)(a) of the 2015 Regulations (whichever is relevant).

(1)

Regulation E5A was inserted by S.I. 2023/952.