NHS loss of special class

jsoap

My wife is a nurse and has been a "special classes" member of the NHS pension scheme for over 30 years.
She is almost 54, and due to substantial changes within her working environment, wants to leave now.
We were aware that taking early retirement would mean that her retirement age would move to 60, however we were not aware that deferring the pension would also move the retirement age to 60.

Section R2(b)of the 1995 regs, state that to qualify for special classes, she will need to "spend(s) the whole of the last 5 years of her pensionable employment as a nurse, physiotherapist, midwife or health visitor".
To me this implies, that if she broke service for any period in the five years leading up to her 55th birthday, then she wold lose special class status.

She has asked her local office about this, and they claim that as long as she is working, in a special classes position, on her 55th birthday, that she will still be able to retire at 55. I note also that the Mars scheme faqs refer to leaving before 55, stating that your retirement age is preserved "if you return to pensionable employment that qualifies for special class status before you are 55; this will be within 5 years of leaving."

I have contacted the Pensions authority, for clarification - but I don't expect a quick response.

Does anyone have any experience of this situation?

Thanks
t

jackyann

Yes I do, but you would be advised to check as I am working from memory.
My understanding is that you are correct - to be considered as a 2special class" you do need to be in one of those posts on your 55th birthday, and have been for at least 5 years previously, with no gaps.
In all fairness, it was because they thought we would be completely worn out by 55!
So, I think your wife has the following options:
Take a deep breath & weather it for the next year & a bit.
Speak to her manager, say that she intends to retire at 55, is there any post she can transfer to that would use her skills & experience until then?
It may be worth considering her going part-time. I did that for a while. It obviously reduces your contributions & eventual entitlement, but at this stage, not hugely.
Example:
Full time age 18-54 = 36 years, 1 year half-time = 36.5 years ie: 36.5/80 of final salary.
If you have been part-time, the calculation is still done on the full-time salary.
Example: 20 years at half-time = 10/80 of full-time final salary.

Does that help?

jsoap

Thanks, for the suggestions, she is also looking at reducing hours.

I'm looking at the condition again

"spend(s) the whole of the last 5 years of her pensionable employment as a nurse, physiotherapist, midwife or health visitor"

- and I'm now thinking that since this refers to "pensionable employment", that gaps (of less than 5 years) of membership will not matter, as long as she was always "special class" during the last 5 cumulative years of membership.

This would tie up with the reference in the MARS FAQ,

I am 53 and have special class status. If I leave under MARS will I be able to take my pension unreduced at 55?
Only if you return to pensionable employment that qualifies for special class status before you are 55; this will be within 5 years of leaving. Otherwise you will have to wait until you are 60 to take your pension without a reduction.

jsoap

A month later, and the pensions unit have replied.
For the benefit of others finding this thread, this is makes it very clear.

"If you were to resign from your current post and return to pensionable employment in a Special Class role, as confirmed by your employer, within 5 years of leaving you would still retain the status and the right to retire at 55. In order to retire at age 55 you must be employed in a Special Class capacity on the day before your 55th birthday."

ognum

I am not a pensions expert so can only say what has happen to me, I left the NHS at about the age of 50, I was a nurse. I worked for a private company and then for a university. I transferred my private company pension to USS and retained my NHS pension and a USS pension.

I decide at the age of 56 to take both pensions which I have done and received them without any issues, I therefore believe your wife could take her NHS pension even if she is not employed by the NHS at the time.

Hope his helps.

jem16

ognum wrote: »

I decide at the age of 56 to take both pensions which I have done and received them without any issues, I therefore believe your wife could take her NHS pension even if she is not employed by the NHS at the time.

Hope his helps.

There is nothing to stop you taking the pension at age 55 and above but it will be actuarially reduced as you are taking it before normal retirement age.

However to have your pension non-actuarially reduced at age 55, you have to still be employed by the NHS as jsoap has posted.

sambados

Hi, trying to help a friend who was employed in large childrens hospital as a qualified ward nursery nurse, then attained diploma, and role changed its name to play specialist, no change contract or terms. This year (2012) A MAS was offered and to also be deferred until end december 2012 when she would be 55yrs. All her pension details, info, forecasts clearly state member of special classes retire date 2012 age 55. She puts forward her MAS application in feb 2012 that is accepted but lo & behold suddenly she is then informed that she cannot retire at 55 without loss of £3000pa pension and £20k lump sum !! They then change her status with nhs pensions agency in background. She flips, understandably goes off sick again and is having severe post trauma stress & depression and can no longer work there. The MAS goes ahead, she "retires" under duress. They have also now had to inform all other nursery nurses that their s are wrong too, ?? who else it applies to, dread to think.
Any help out there for redress for her & others for their actions and gross negligence and rectification after 34 years loyal service to this north west hospital !!!

Spirit_2

Sorry to hear this.

I do not think that Nursery Nurses were ever Special Class. It sounds like she was misinformed and that her employer/payroll mde an error in their record.

The emplyer would not be the decision maker - it was part of the pension scheme regulations.