The National Health Service Pension Scheme Regulations 1995

PART JAllocation to a spouse or dependant

Allocation of pension

J1.—(1) Subject to the following provisions of this regulation, a member may elect to allocate part of his pension under the scheme so as to provide, following his death, a pension for a spouse or a dependant.

(2) Any pension provided for a spouse under this regulation shall be payable in addition to any other widow’s or widower’s pension payable under these Regulations.

(3) Any pension provided under this regulation will be calculated in accordance with tables prepared by the Government Actuary.

(4) A member wishing to allocate part of his pension under this regulation may elect to do so—

(a)on, or within one month after, the date on which a pension becomes payable to him under the scheme; or

(b)if in pensionable employment, at any time after reaching age 60 (55 for special class officers) and completing 40 years' pensionable service; or

(c)if in pensionable employment, at any time after reaching age 65 (60 for special class officers).

(5) A member wishing to allocate part of his pension as described in this regulation shall do so by giving notice in writing to the employing authority on the form provided, giving such information as the Secretary of State may require.

(6) The Secretary of State shall not accept an election unless satisfied that the member is in good health.

(7) If a member allocates part of his pension as described in this regulation and then dies after the pension becomes payable, the amount of pension already paid to the member under the scheme will be treated, for the purpose of calculating the lump sum on death payable under regulation F2 (member dies after pension becomes payable), as including the amount of the additional pension that would have been paid to the member if the member had not allocated part of his pension.

Limits on allocation of pension

J2.—(1) A member may not allocate more than one–third of his pension to provide a pension on his death for a spouse or a dependant and must keep a pension at least equal to his guaranteed minimum pension.

(2) A member may not allocate so much pension as to provide a bigger dependent’s pension or spouse’s pension under regulation J1 than the pension he has kept for himself.

(3) The part of a member’s pension that is allocated must be an exact number of pounds and must be sufficient to provide a pension for the dependent or spouse of at least £260 a year or, if greater, of the minimum amount that cannot be treated as trivial for the purposes of regulation T7 (commutation of trivial pensions).

(4) If a member elects to allocate part of his pension in the circumstances described in regulation J1(4)(b) or (c) and then dies before his pension under the scheme becomes payable the member will be treated, for the purposes of paragraphs (1) to (3) above, as entitled to the pension he would have received if he had retired immediately before his death.

Date on which allocation has effect

J3.—(1) An election to allocate shall have effect, and may not be withdrawn or cancelled, once it has been accepted by the Secretary of State.

(2) The allocation will not take effect if—

(a)the member dies on or before the day on which the Secretary of State accepts the member’s election;

(b)the dependant or spouse dies before the member is told that the Secretary of State has accepted the election; or

(c)the member withdraws his application before it is accepted by the Secretary of State.