Entitlement Day

After hearing again, for the umpteenth time, that you MUST have a break in employment to take the final salary pension I decided to put the answer here.

UNDER 60 (Final Salary scheme started before 2007)

Yes, to take this pension “early” you MUST have a break in employment.

60 or OVER

NO! For the NPA60 scheme you do NOT need a break in employment, what you need is a break in “pensionable employment” and these are not the same thing. You can create such a break without leaving employment simply by opting out of the pension.

THE REGULATIONS

https://www.legislation.gov.uk/uksi/2010/990/made/data.pdf

Schedule 7 – Retirement Benefits

Regulation 2:

2.—(1) Where a person (P) satisfies the condition for retirement, the entitlement day for Case A is—
(a) if P is not in pensionable employment on the day on which P reaches the normal pension age in relation to the reckonable service, the day on which P reaches that age, and
(b) if P is in pensionable employment on the day on which P reaches the normal pension age in relation to the reckonable service, the day after P ceases to be in pensionable employment.


Part 2 – Pensionable employment

Regulation 7 paragraph 3

(3) A person who makes an election under regulation 9 (election for employment not to be pensionable) is not in pensionable employment while the election has effect.


4 thoughts on “Entitlement Day

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  1. So anyone who joined TPS after 1st January 2007 (NPA65) only needs a break of one month in the TPS scheme, whilst remaining in employment, to take the final salary pension early? I am considering taking my pension between 58 and 60, as I am FS NPA65 and CA NPA67, I can have a leave TPS for one month only. When do I opt out for this one month, before I reach 58 or 60? Thanks for the advice. Sofia

  2. Hello David. Many thanks for your videos, and information.

    I will be (NPA) 60 on 31 May 2025. I plan to continue working with my current contract, and with no break (I am aware of abatement). I would like to take all my FS (including the remedy period as FS). The website advises to apply four months in advance now. I have four questions, please:

    1. Do I need to have left TPS (Opt Out) when I submit the application (e.g., January 2025)?

    2. Can I submit the application in January 2025 and ‘Opt Out’ on 1 May 2025 (while it is still be processed)?

    3. Would it be easier (and faster) to ‘Opt Out’ on 1 May 2025 and submit the application on 1 June 2025, the day after I become 60? – and wait to get the pension?

    4. Will I have to take my CA Pension as well? I would like to leave it in the Scheme until I am 67.

    I contacted the TPS and I got several answers…

    Many thanks!

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