Campbell v NHS Business Services Authority

Subject Matter

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)

[2023] EWCA Civ 1351; [2024] ICR 400; [2023] WLR(D) 476, CA

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