The Industrial Cases Reports
[2024] ICR 400
Court of Appeal
Campbell
v
NHS Business Services Authority
[2023] EWCA Civ 1351
2023 Oct 3;
Nov 16
Nov 16
Lewison, Asplin LJJ, Sir Launcelot Henderson
Pensions— Pension scheme— Construction— NHS employee applying for ill-health retirement benefits pursuant to pension scheme— Employee dying after employment terminated but before expiry of period of unused annual leave for which payment made in lieu— Meaning of “retires from pensionable employment”— Effect of provision that “treated” pensionable employment as continuing for any period of leave for which payment made in lieu— Whether employee to be treated as having died during pensionable employment—
National Health Service Pension Scheme Regulations 1995 (SI 1995/300), regs E2A, C2(5)