The National Health Service (Superannuation) Amendment Regulations 1989

Amendment of regulation 6 of the principal Regulations

4.  For regulation 6 of the principal Regulations (participation in superannuation benefits) there is subsituted the following–

“Participation in superannuation scheme

6.— (1) Every officer, unless he has made or is deemed to have made an election under paragraph (2), shall participate in the scheme provided under these Regulations, subject to and in accordance with the terms and conditions thereof.

(2) An officer may at any time, by giving notice in writing to his employing authority, elect not to participate in the scheme provided under these Regulations and such an election may be made in respect of all or any of the employments in which he is an officer.

(3) An officer who makes an election under paragraph (2) shall, in respect of the employment or employments to which it relates, be treated as having ceased to be an officer within the meaning of regulation 4 from the date on which the election takes effect.

(4) An election pursuant to paragraph (2) shall take effect from the beginning of the pay period immediately following its receipt or such later date, if any, as is specified in the election provided that–

(a) where on or before 6th April 1988 an officer gave notice that he did not wish to participate in the scheme provided under these Regulations, that notice shall be treated as an election under paragraph (2) with effect from 6th April 1988 or such later date as is specified in the notice;

(b) in the case of an officer who commenced employment on or after 6th April 1988 an election made during the first pay period of that employment shall, if so expressed, take effect from the beginning of the first day of that employment.

(5) Subject to paragraph (6), a person who would be an officer but for an election under paragraph (2) may at any time revoke that election by giving notice in writing to his employing authority and such notice shall take effect from the beginning of the pay period immediately following it’s receipt or such later date, if any, as is specified in the notice.

(6) A person may not revoke an election–

(a) at any time whilst he is absent from duty, for whatever reason, or

(b) where in consequence of the election benefits become payable under regulation 8,

and in a case to which sub-paragraph (b) applies any subsequent employment to which these Regulations would otherwise apply shall be deemed to be subject to an irrevocable election under paragraph (2).

(7) Where a person in respect of whom the conditions set out in regulation 4(1)(f) are satisfied was, at 5th April 1988, a person in respect of whom an election pursuant to Schedule 6 of these Regulations could have been, but was not, made such person shall be deemed to have made an election under paragraph (2) on that date.”.