The National Health Service Pension Scheme Regulations 2008

2.B.1    Eligibility: general E+W

(1) A person is eligible to be an active member of [F1 this Section of] the Scheme if conditions A to C are met and the person is not prevented by regulation 2.B.2, 2.B.3 or 2.B.6.

(2) Condition A is that the person is in NHS employment.

(3) Condition B is that the person—

(a) enters NHS employment on or after 1st April 2008, or

(b) entered NHS employment before that date and on that date was not an active member of the [F2 1995 Section] in that employment or any other NHS employment,

and meets any one of the “[F3 other Section conditions]” (see paragraph (5)).

(4) Condition C is that the person has not reached the age of 75.

(5) The “[F3 other Section conditions]” are that—

(a) the person has not previously been an active member of the [F2 1995 Section],

(b) the person ceased to be an active member of [F4 the 1995 Section] at least 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of [F5 that Section],

(c) the person ceased to be an active member of [F4 the 1995 Section] less than 12 months before entering the employment mentioned in paragraph 3(a) or (b) without becoming a pensioner member or a deferred member of [F5 that Section] and has received a repayment of contributions in respect of that membership, or

(d) the person ceased to be an active member of the [F2 1995 Section] on or after 1st April 2008 on leaving NHS employment and before the person re-entered such employment—

(i) a transfer payment was made in respect of the person under Part M of [F5 that Section], or

(ii) the person made an application under regulation M2 of [F5 that Section] (exercising a right to transfer or buy-out) from which the person may not withdraw,

[F6 (e) the person—

(i) ceased to be an active member of the NHS Pension Scheme 1995 on leaving NHS employment,

[F7 (ii) became a deferred member of that Section on leaving that employment and has not since become a pensioner member of that Section between the date of leaving that employment and joining this Section of the Scheme, and]

(iii) re-entered NHS employment on or after 1st October 2008 and 5 or more years since last leaving NHS employment, or

(f) the person—

(i) ceased to be an active member of the NHS Pension Scheme 1995 before 1st April 2008 on leaving NHS employment,

(ii) became a deferred member of [F5 that Section] on leaving that employment,

(iii) re-entered NHS employment on or after 1st October 2008 and 5 or more years since last leaving NHS employment, and

(iv) before the person re-entered such employment—

(aa) a transfer payment was made in respect of the person under Part M of [F5 that Section], or

(bb) the person made an application under regulation M2 of [F5 that Section] (exercising a right to transfer or buy-out) from which the person may not withdraw,]

but [F8 sub-paragraphs (d) to (f)] will not apply if the Secretary of State has permitted such a person to rejoin the [F2 1995 Section] in the circumstances described in regulation B2(3) of the NHS Pension Scheme Regulations 1995.

(6) This regulation shall apply to any person who has previously been an active member of a corresponding health service scheme as though in paragraph (3) and (5) any reference to—

(a) “[F2 1995 Section]” includes a reference to that corresponding health service scheme, and

(b) “NHS employment” includes a reference to—

(i) employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(1),

(ii) employment to which regulations made under section 10 of the Superannuation Act 1972(2) and having effect in Scotland apply,

(iii) employment to which regulations made under Article 12 of the Superannuation (Northern Ireland) Order 1972(3) apply,

(iv) employment to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald)(4) applies, and

(v) employment with an employer with whom an agreement has been made under section 235 of the 2006 Act.

Textual Amendments

F1 Words in reg. 2.B.1(1) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 1

F2 Words in reg. 2.B.1 substituted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 2

F3 Words in reg. 2.B.1 substituted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 4

F4 Words in reg. 2.B.1(5)(b)(c) substituted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 17(a)

F5 Words in reg. 2.B.1(5) substituted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 3

F6 Reg. 2.B.1(5)(e)(f) inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 30(a) (with reg. 93)

F7 Reg. 2.B.1(5)(e)(ii) substituted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 17(b)

F8 Words in reg. 2.B.1(5) substituted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 30(b) (with reg. 93)

(1)

1967 c. 28.

(2)

1972 c. 11.

(3)

S.I. 1972/1073.

(4)

1984 c. 8 (Tynwald).