The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009

• Citation: S.I. 2009/2446
• Sections: 115

Section 1 Citation, commencement and effect

(1) These Regulations may be cited as the National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009.

(2) These Regulations shall come into force on 1st October 2009 and, save as provided in paragraphs (3) and (4), shall have effect from 1st October 2009.

(3) The following regulations shall have effect from 1st April 2008—

(a) regulation 6;

(b) regulation 7;

(c) regulation 13(d);

(d) regulation 16(4) insofar as it relates to new sub-paragraph (11)(a) of regulation 2.A.10 of the National Health Service Pension Scheme Regulations 2008;

(e) regulation 53(4)(b);

(f) regulation 59;

(g) regulation 66;

(h) regulation 85(2) insofar as it relates to new sub-paragraph (2)(b) of regulation 3.E.19 of the National Health Service Pension Scheme Regulations 2008;

(i) regulation 104, and

(j) regulation 105.

(4) The following regulations shall have effect from 1st April 2009—

(a) regulation 30(2), and

(b) regulation 72(2).

Section 2 Interpretation of Part 2

The National Health Service Pension Scheme Regulations 1995 shall be amended as follows.

Section 3 Amendment of regulation A2

In regulation A2 (interpretation) in the definition of—

(a) “pensionable employment”, after “the Scheme” insert “in accordance with this Section”;

(b) “Scheme”, after “these Regulations” insert “and the National Health Service Pension Scheme Regulations 2008”.

Section 4 Amendment of regulation E2B

In paragraph (2) of regulation E2B (re-assessment of ill-health condition determined under regulation E2A)—

(a) at the end of sub-paragraph (c), omit “and”;

(b) at the end of sub-paragraph (d), insert—

; and

(e) the member is not a 2008 Section Optant within the meaning of regulation 2.K.1 or 3.K.1 of the 2008 Section of the Scheme (application of Chapter 2.K and Chapter 3.K, respectively) who has become entitled to a tier 2 ill-health pension under regulation 2.D.8 or 3.D.7 of that Section (which deal with early retirement on ill-health (active members and non contributing members)).

Section 5 Amendment of regulation G3

For paragraph (3) of regulation G3 (member dies after pension becomes payable), substitute—

(3) For the purposes of paragraph (2), no account will be taken of any reduction to the member’s pension under regulation S2 unless—

(a) the member is a 2008 Section Optant within the meaning of regulation 2.K.1 or regulation 3.K.1 of the 2008 Section of the Scheme, and

(b) on the date of the member’s death the member is an active or non-contributing member of that Section.

Section 6 Amendment of regulation G14

In paragraph (1) of regulation G14 (surviving nominated partner’s pension), for “who has pensionable service” substitute “whose pensionable employment ceases”.

Section 7 Amendment of regulation H3

In paragraph (2A)(b) of regulation H3 (member dies in pensionable employment), omit “the member’s”.

Section 8 Amendment of regulation H4

For paragraph (2) of regulation H4 (member dies after pension becomes payable), substitute—

(2) Subject to paragraphs (2A) and (8)—

(a) the allowance will be calculated as described in whichever of paragraphs (3) or (4) apply, and

(b) where the member was, on the date of the member’s death—

(i) not a 2008 Section Optant within the meaning of regulation 2.K.1 or regulation 3.K.1 of the 2008 Section of the Scheme (application of Chapter 2.K and Chapter 3.K, respectively), whose pensionable service—

(aa) equalled, or exceeded, 10 years, as a proportion of the amount of the member’s pension based on that service;

(bb) was less than 10 years, as a proportion of the amount the member’s pension would have been if it had been based on 10 years pensionable service;

(ii) such a 2008 Section Optant, as a proportion of the amount of the member’s pension.

Section 9 Amendment of Schedule 2

(1) Schedule 2 (Medical and Dental Practitioners) shall be amended as follows.

(2) In paragraph 9 (officer service treated as practitioner service)—

(a) in sub-paragraph (1), omit “type 1” (twice);

(b) in sub-paragraph (3)(a), omit “principal”;

(c) in sub-paragraph (3)(b), omit “type 1”;

(d) in sub-paragraph (5A)(a), omit “type 1”;

(e) after sub-paragraph (5B), insert—

(5C) If—

(a) any part of the period of a member’s officer service is treated as practitioner service for the purposes of sub-paragraph (1) or (5A) (“the converted service”) and,

(b) any part of the converted service has been credited to the member as a result of a transfer-in under regulations N2 or N3 (but not regulation R8(2)) (“the converted service credit”),

the amount of pensionable pay deemed to be received in respect of the converted service credit will be calculated in accordance with paragraph 18 of this Schedule.

(f) in sub-paragraph (8), for “been a type 1 practitioner” substitute “officer service before first becoming a practitioner”.

(3) In paragraph 11A (practitioners with benefits from both practitioner and officer service) after sub-paragraph (5), insert—

(6) A member who, before commencing the member’s final period of practitioner service, has service as an officer (whether that service as an officer consists of a separate period of such service or two or more such periods), and—

(a) that officer service is preceded by an earlier period of practitioner service, and

(b) some or all of the officer service is not concurrent with practitioner service,

shall, if it would be more favourable, be entitled to receive a separate pension and retirement lump sum for such part of that officer service that is not concurrent with the member’s practitioner service.

(7) The amounts of the pension and retirement lump sum referred to in sub-paragraph (6)—

(a) shall be subject to a 1.5% increase for each whole year or part of a year within the increment period,

(b) that increase shall be applied in like manner and at the same intervals as an increase applied to a pension under the Pensions (Increase) Act 1971 , and

(c) that increase shall be effective immediately before the pension and lump sum become payable under these Regulations.

(8) The increment period referred to in sub-paragraph (7) shall—

(a) begin with the day immediately following the day on which the member’s service as an officer referred to in sub-paragraph (6) ceased for the last time, and

(b) end with the day immediately before the pension and retirement lump sum become payable under these Regulations.

Section 10 Schedule

Schedule 1 shall have effect.

Section 11 Interpretation of Part 3

The National Health Service Pension Scheme Regulations 2008 shall be amended as follows.

Section 12 Amendment of regulation 1.B.3

In paragraphs (1) and (3) of regulation 1.B.3 (provision of information relevant for tax purposes), for “these Regulations” substitute “this Section of the Scheme”.

Section 13 Amendment of regulation 2.A.1

Regulation 2.A.1 (interpretation: general) shall be amended as follows—

(a) at the appropriate place in the alphabetical order, insert—

“2008 Section Optant” has the meaning given in regulation 2.K.1;

“the 1995 Section ” means the section of the National Health Service Pension Scheme for England and Wales set out in the National Health Service Pension Scheme Regulations 1995;

“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;

“pension debit member” means a member of this Section of the Scheme whose benefits, or future benefits, under this Scheme have been reduced under section 31 of the 1999 Act (reduction under pension sharing order following divorce or nullity of marriage), whether before or after the member became a member of this Section of the Scheme;

(b) omit the definition of “ NHS Pension Scheme 1995”;

(c) for the definition of “the Scheme”, substitute—

“the Scheme” means the National Health Service Pension Scheme for England and Wales;

(d) in the definition of “host Trust or Board”, after “this Part” insert “except where regulation 2.C.5(7) or (8) applies”.

Section 14 Amendment of regulation 2.A.2

In paragraph (1) of regulation 2.A.2 (meaning of “pensionable service”)—

(a) at the end of sub-paragraph (b), omit “and”;

(b) after sub-paragraph (c), insert—

; and

(d) any period of pensionable service the member is entitled to count under Chapter 2.K.

Section 15 Amendment of regulation 2.A.5

In paragraph (1) of regulation 2.A.5 (meaning of “qualifying service”)—

(a) at the end of sub-paragraph (d), omit “and”;

(b) after sub-paragraph (f), insert—

; and

(g) in the case of a 2008 Section Optant, any period of qualifying service the member is entitled to count under Chapter 2.K.

Section 16 Amendment of regulation 2.A.10

(1) Regulation 2.A.10 (meaning of “reckonable pay”: general) shall be amended as follows.

(2) In paragraph (2), after “2.A.14” insert “, 2.K.7 and 2.K.9 to 2.K.11”.

(3) In the definition of “IRP” in paragraph (3), after “paragraph” insert “(4),”.

(4) After sub-paragraph (10), insert—

(11) For the purposes of this regulation, pensionable service does not include—

(a) any period of pensionable service that a member is entitled to count under Chapter 2.F unless the transfer value payment in respect of that service is accepted from a corresponding 2008 scheme;

(b) any period of pensionable service that a 2008 Section Optant is entitled to count under—

(i) regulation 2.K.3;

(ii) regulation 2.K.5, or

(iii) regulation 2.K.13.

Section 17 Amendment of regulation 2.B.1

In paragraph (5) of regulation 2.B.1 (eligibility: general)—

(a) in sub-paragraphs (b) and (c), for “NHS Pension Scheme 1995” insert “the 1995 Section”;

(b) for sub-paragraph (e)(ii), substitute—

(ii) became a deferred member of that Section on leaving that employment and has not since become a pensioner member of that Section between the date of leaving that employment and joining this Section of the Scheme, and

Section 18 New regulation 2.B.1A

After regulation 2.B.1 (eligibility: general), insert—

Eligibility: transitional

(2.B.1A)

(1) A person is eligible to be an active member of this Section of the Scheme if—

(a) the Secretary of State has accepted that person’s option to join this Section of the Scheme under Chapter 2.K, and

(b) that person is not prevented by regulation 2.B.2, 2.B.3 or 2.B.6 from doing so.

(2) If a person referred to in paragraph (1)—

(a) is entitled to a tier 1 ill-health pension under regulations E2A(3)(a) of the 1995 Regulations (ill-health pension on early retirement), and

(b) as the result of a determination made by the Secretary of State under regulation E2B(3) of those Regulations (re-assessment of ill health condition determined under regulation E2A), that person becomes entitled to a tier 2 ill-health pension in place of that tier 1 ill-health pension,

that person shall cease to be eligible to be an active member of this Section of the Scheme from the date the Secretary of State makes that determination.

Section 19 Amendment of regulation 2.C.5

After paragraph (6) of regulation 2.C.5 (contributions by employing authorities: general), insert—

(7) If a non-GP provider is—

(a) an employing authority which is a GMS practice, a PMS practice or an APMS contractor, or

(b) a shareholder in such an employing authority,

that non-GP provider must pay C5 contributions to the host Trust or Board.

This is subject to paragraph (8).

(8) If a non-GP provider is a shareholder or partner in one or more employing authority referred to in paragraph (7), each employing authority must pay C5 contributions on any pensionable earnings it pays to the non-GP provider or, as the case may be, on the non-GP provider’s share of the partnership profits, to the host Trust or Board.

Section 20 Amendment of regulation 2.C.8

After paragraph (8) of regulation 2.C.8 (member’s option to pay additional periodical contributions to purchase additional pension), insert—

(9) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.4.

Section 21 Amendment of regulation 2.C.10

After paragraph (6) of regulation 2.C.10 (member’s option to pay lump sum contribution to purchase additional pension), insert—

(7) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.4.

Section 22 Amendment of regulation 2.C.11

After paragraph (5) of regulation 2.C.11 (payment of additional lump sum contributions by employing authority), insert—

(6) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.4.

Section 23 Amendment of regulation 2.C.14

(1) Regulation 2.C.14 (effect of payment of additional contributions under this Chapter) shall be amended as follows.

(2) In paragraph (3), after—

(a) “Chapter 2.D” insert “or Chapter 2.K”;

(b) “2.D.5” insert “and 2.K.21”.

(3) After paragraph (10), insert—

(11) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.4.

Section 24 Amendment of regulation 2.C.16

After paragraph (5) of regulation 2.C.16 (effect of part payment of periodical contributions), insert—

(6) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.4.

Section 25 Amendment of regulation 2.D.1

After paragraph (7) of regulation 2.D.1 (normal retirement pensions), insert—

(8) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.12.

Section 26 Amendment of regulation 2.D.3

After paragraph (4) of regulation 2.D.3 (late payment of pension with actuarial increase), insert—

(5) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.21.

Section 27 Amendment of regulation 2.D.4

After paragraph (4) of regulation 2.D.4 (early payment of pensions with actuarial reduction), insert—

(5) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.12.

Section 28 Amendment of regulation 2.D.5

After paragraph (9) of regulation 2.D.5 (partial retirement (members aged at least 55)), insert—

(10) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.12.

Section 29 Amendment of regulation 2.D.8

(1) Regulation 2.D.8 (early retirement on ill-health (active members and non-contributing members)) shall be amended as follows.

(2) For paragraph (5)(b), substitute—

(b) is not increased by the enhancement period in the circumstances referred to in (a) if—

(i) the member’s pensionable service before and after the break is treated separately under regulation 2.G.2; or

(ii) the member’s pensionable service in respect of an earlier service credit is treated separately under regulation 2.K.7.

(3) In paragraph (17), for the definition of “permanently” substitute—

“permanently” means—

the period until age 65, and

in the case of a 2008 Section Optant who, before joining this Section of the Scheme, was assessed by a medical adviser as being—

permanently incapable of efficiently discharging their duties for the purposes of regulation E2A(2)(b)(i) of the 1995 Regulations (ill-health pension on early retirement), that Optant shall be deemed to be permanently incapable of discharging the duties of the Optant’s employment efficiently for the purposes of paragraph (2)(a) of this regulation;

permanently incapable of regular employment of like duration for the purposes of regulation E2A(2)(b)(ii) of the 1995 Regulations, that Optant shall be deemed to be permanently incapable of engaging in regular employment of like duration for the purposes of paragraph (3)(a) of this regulation;

(4) After paragraph (17), insert—

(18) In the case of a 2008 Section Optant, this regulation is subject to regulations 2.K.12 and 2.K.14 to 2.K.18.

Section 30 Amendment of regulation 2.D.9

(1) Regulation 2.D.9 (re-assessment of entitlement to an ill-health pension determined under regulation 2.D.8) shall be amended as follows.

(2) For paragraph (2), substitute—

(2) A member to whom a notice under paragraph (1)(b) has been given may apply to the Secretary of State for a review of whether the member subsequently meets the condition in regulation 2.D.8(3)(a) if—

(a) the member makes the application in writing—

(i) within three years of the date of issue of the notice, or

(ii) in the case of a member who engages in further NHS employment during the period of three years referred to in paragraph (1)(b), before the first anniversary of the day on which that employment commences or, if sooner, before the end of that period;

(b) the application for a review is accompanied by further written medical evidence—

(i) relating to whether the condition in regulation 2.D.8(3)(a) is satisfied at the date of the Secretary of State’s review; and

(ii) that evidence relates to the same physical or mental impairment as a result of which the member met the condition in regulation 2.D.8(2)(a);

(c) no previous application for a review has been made under this paragraph, and

(d) the member has not become entitled to a tier 2 ill-health pension in respect of any later service under regulation 2.G.5.

(3) After paragraph (3), insert—

(4) In the case of a 2008 Section Optant, this regulation is subject to regulations 2.K.16 and 2.K.17.

Section 31 Amendment of regulation 2.D.10

After paragraph (9) of regulation 2.D.10 (early retirement on ill-health (deferred members)), insert—

(10) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.12.

Section 32 Amendment of regulation 2.D.11

After paragraph (8) of regulation 2.D.11 (early retirement on termination of employment by employing authority), insert—

(9) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.12.

Section 33 Amendment of regulation 2.D.14

After paragraph (9) of regulation 2.D.14 (general option to exchange part of pension for lump sum), insert—

(10) In the case of a 2008 Section Optant, this regulation is subject to paragraph (4) of regulation 2.K.8 and regulation 2.K.12.

Section 34 Amendment of regulation 2.D.16

For regulation 2.D.16 (reduction in pension debit member’s benefits), substitute—

Reduction in pension debit member’s benefits

(2.D.16)

(1) The benefits to which a pension debit member is entitled under this Chapter are subject to the reduction to be made under section 31 of the 1999 Act.

(2) In the case of a 2008 Section Optant, this regulation is subject to paragraph (2) of regulation 2.K.8.

Section 35 Amendment of regulation 2.E.2

After paragraph (2) of regulation 2.E.2 (meaning of “surviving nominated partner”), insert—

(3) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.20.

Section 36 Amendment of regulation 2.E.3

(1) Regulation 2.E.3 (amount of pensions under regulation 2.E.1: active and non–contributing members) shall be amended as follows.

(2) At the end of paragraph (2), insert (as full out words) “Sub-paragraph (b) is subject to paragraph (7).”.

(3) At the end of paragraph (3), insert (as full out words) “This is subject to paragraph (7).”.

(4) After paragraph (6), insert—

(7) For the purposes of paragraphs (2)(b) and (3) any increase under—

(a) regulation 2.D.3, or

(b) regulation 2.K.21,

is ignored.

Section 37 Amendment of regulation 2.E.4

(1) Regulation 2.E.4 (amount of pensions under regulation 2.E.1: pensioner members) shall be amended as follows.

(2) For paragraph (3), substitute—

(3) For the purposes of paragraph (1) any reduction in the rate of the member’s pension under—

(a) Chapter 2.H,

(b) regulation 2.D.14, or

(c) regulation 2.K.12,

is ignored.

(3A) For the purpose of paragraph (2)—

(a) any reduction in the rate of the member’s pension under—

(i) regulation 2.D.4,

(ii) regulation 2.D.14, or

(iii) regulation 2.K.12; and

(b) any increase in the rate of the member’s pension under—

(i) regulation 2.D.3, or

(ii) regulation 2.K.21,

is ignored.

(3) Omit paragraph (8).

Section 38 Amendment of regulation 2.E.7

For paragraph (3)(b) of regulation 2.E.7 (re-employed pensioners: adult survivor pensions in initial period), substitute—

(b) the rate of the deceased member’s pension payable at the time of death after taking account of any reduction in the rate of the pension under—

(i) Chapter 2.H,

(ii) regulation 2.D.14, and

(iii) regulation 2.K.12.

Section 39 Amendment of regulation 2.E.10

In regulation 2.E.10 (amount of children’s pension under regulation 2.E.8: deceased active members and deceased non-contributing members), at the end of paragraph (4) insert (as full out words) “In the case of a 2008 Section Optant, this is subject to regulation 2.K.24.”.

Section 40 Amendment of regulation 2.E.11

(1) Regulation 2.E.11 (amount of children’s pension under regulation 2.E.8: deceased pensioner members) shall be amended as follows.

(2) At the end of paragraph (3), insert (as full out words) “In the case of a 2008 Section Optant, this is subject to regulation 2.K.24.”.

(3) For paragraph (8), substitute—

(8) For the purposes of paragraphs (1) and (2), any reduction in the member’s pension under regulation 2.D.14 and regulation 2.K.12 will be ignored.

Section 41 Amendment of regulation 2.E.12

In regulation 2.E.12 (amount of children’s pension under regulation 2.E.8: deceased deferred members), at the end of paragraph (3) insert (as full out words) “In the case of a 2008 Section Optant, this is subject to regulation 2.K.24.”.

Section 42 Amendment of regulation 2.E.17

(1) Regulation 2.E.17 (amount of lump sum: single capacity members and recent leavers (disregarding regulation 2.D.5 employments)) shall be amended as follows.

(2) At the end of paragraph (1), insert (as full out words) “In the case of a 2008 Section Optant, this is subject to regulation 2.K.23.”.

(3) For paragraph (2)(b), substitute—

(b) an amount equal to twice the member’s reckonable pay by reference to which the pension was calculated, less the aggregate of—

(i) any lump sum paid to the member when the pension came into payment as a result of the member exercising the option under regulation 2.D.14, and

(ii) in the case of a 2008 Section Optant, the lump sum paid to the Optant under regulation 2.K.12.

(4) For paragraph (6), substitute—

(6) The reference in paragraph (2)(a) to the annual rate of the member’s pension is to the member’s pension after it has been reduced to take account of—

(a) the exercise by the member of an option under regulation 2.D.14, and

(b) in the case of a 2008 Section Optant, the lump sum paid to the Optant under regulation 2.K.12.

Section 43 Amendment of regulation 2.E.18

(1) Regulation 2.E.18 (amount of lump sum: dual capacity members (disregarding regulation 2.D.5 employments)) shall be amended as follows.

(2) At the end of paragraph (2), insert (as full out words) “This is subject to paragraph (4).”.

(3) After paragraph (3), insert—

(4) In the case of a 2008 Section Optant—

(a) the reference to the annual rate of pension in paragraph (2)(b)(i) is to the annual rate of pension after it has been reduced to take account of the lump sum paid to the Optant under regulation 2.K.12, and

(b) the amount of the Optant’s reckonable pay for the purposes of paragraph (2)(b)(ii) shall be reduced by the aggregate of—

(i) the amount of the lump sum paid to the Optant under regulation 2.K.12, and

(ii) the lump sum under regulation 2.D.14 referred to in paragraph (2)(b)(ii).

Section 44 Amendment of regulation 2.E.19

(1) Regulation 2.E.19 (amount of lump sum: dual capacity members: members with pensions under regulation 2.D.5) shall be amended as follows.

(2) At the end of paragraph (2), insert (as full out words) “In the case of a 2008 Section Optant, this is subject to regulation 2.K.23.”.

(3) For paragraph (4), substitute—

(4) The aggregate lump sum cap is equal to twice the appropriate fraction of the reckonable pay by reference to which the pension to which the member became entitled on last exercising the option under regulation 2.D.5 was calculated, less the total of any lump sums paid to the member—

(a) in exchange for pensions under regulation 2.D.5 as a result of the member exercising the option under regulation 2.D.14, and

(b) in the case of a 2008 Section Optant, the lump sum paid to that Optant under regulation 2.K.12.

Section 45 Amendment of regulation 2.E.21

After paragraph (12) of regulation 2.E.21 (payment of lump sums or pensions on death), insert—

(13) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.20.

Section 46 Amendment of regulation 2.F.6

(1) Regulation 2.F.6 (calculating amounts of transfer value payments) shall be amended as follows.

(2) For paragraph (4), substitute—

(4) In paragraph (3) “minimum transfer value” means—

(a) in the case of a person other than a 2008 Section Optant, the sum of—

(i) any transfer value payments that have been made to this Section of the Scheme in respect of the person as a result of which the person is entitled to count any pensionable service under this Section of the Scheme by reference to which the accrued rights subject to the transfer are calculated, and

(ii) any contributions paid by the person under Chapter 2.C as a result of which the person is entitled to count such service;

(b) in the case of a 2008 Section Optant, the sum of—

(i) any transfer value payments that have been made to this Section of the Scheme in respect of the person as a result of which the person is entitled to count any pensionable service under this Section of the Scheme by reference to which the accrued rights subject to the transfer are calculated,

(ii) any contributions paid by the person under Chapter 2.C as a result of which the person is entitled to count such service, and

(iii) the aggregate of any—

(aa) transfer value payments that have been made to the 1995 Section in respect of the Optant;

(bb) any contributions paid by the Optant under regulation D1 of the 1995 Regulations (contributions by members) in respect of pensionable employment in that Section on or before 31 March 2008, and

(cc) any payments made by the Optant under regulation Q1 of the 1995 Regulations (right to buy additional service) for the purchase of additional service,

which entitle the Optant to count, under Chapter 2.K, any pensionable service by reference to which the accrued rights subject to the transfer are calculated.

(3) After paragraph (5), insert—

(6) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.12.

Section 47 Amendment of regulation 2.F.8

After paragraph (4) of regulation 2.F.8 (right to apply for acceptance of transfer value payment from another scheme), insert—

(5) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.13.

Section 48 Amendment of regulation 2.F.10

After paragraph (6) of regulation 2.F.10 (acceptance of transfer value payments), insert—

(7) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.13.

Section 49 Amendment of regulation 2.F.11

After paragraph (6) of regulation 2.F.11 (calculation of transferred-in service), insert—

(7) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.13.

Section 50 Amendment of regulation 2.F.12

After paragraph (4) of regulation 2.F.12 (meaning of “capped transferred-in service”), insert—

(5) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.13.