The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008

Amendment of regulation B2

4.—(1) Regulation B2 (restrictions on membership) shall be amended as follows.

(2) In paragraph (1), for sub-paragraph (i) substitute—

“(i) that person is a person who has been a member of the 2008 scheme;

(j) that person is a person who—

(i) ceased to be in pensionable employment on or before 31st March 2008,

(ii) on so ceasing was entitled to a preserved pension in accordance with regulation L1,

(iii) returns to NHS employment on or after 1st October 2008 and before returning exercises the member’s right to transfer out all of that person’s benefits in the scheme in accordance with regulation M1,

(iv) has had a break in pensionable employment for any one period of five years or more beginning with the day immediately following the cessation of employment referred to in paragraph (i) and ending on the day immediately before the employment referred to in paragraph (iii) commences, and

(v) is not in receipt of a pension under regulation E2 or E2A;

(k) that person is a person who—

(i) is entitled to a preserved pension in accordance with regulation L1,

(ii) returns to NHS employment on or after 1st October 2008,

(iii) has had a break in pensionable employment for any one period of five years or more beginning with the day immediately following the cessation of the pensionable employment in respect of which that person is entitled to the pension referred to in paragraph (i) and ending on the day immediately before the employment referred to in paragraph (ii) commences, and

(iv) is not in receipt of a pension under regulations E2 or E2A.”.

(3) In paragraph (2)—

(i) in sub-paragraph (a), for “NHS Pension Scheme 2008” substitute “2008 scheme”;

(ii) after sub-paragraph (b) insert—

“(c) a reference to regulations L1, L2, M1 and M2 includes the equivalent of those regulations in a health service scheme the provisions of which correspond to the provisions of the NHS Pension Scheme for England and Wales as set out in these Regulations.”.

(4) For paragraph (3), substitute—

“(3) The Secretary of State may permit a person who would otherwise not be permitted to join the scheme in accordance with sub-paragraphs (1)(f), (g), (h) or (k) to do so if—

(a) that person’s NHS employment was transferred to another employer by virtue of—

(i) a transfer of undertakings or arrangements equivalent to a transfer of undertakings, and

(ii) at no time since that transfer (or the last of them if more than one) has the person had a break in pensionable employment for any one period of five years or more, or

(b) that person’s employment is transferred to an employing authority by virtue of—

(i) a transfer of undertakings, or

(ii) arrangements equivalent to a transfer of undertakings,

(whether or not the transferring employer is in the public sector provided that person’s employment was originally transferred out of the public sector); and

(c) the employment from which the member is transferred—

(i) qualified the member for benefits under an occupational pension scheme, and

(ii) the rules of that scheme (in the opinion of the Secretary of State) entitle the member to receive benefits on retirement upon, or prior to, attaining the age of 60 years. ”.

(5) In paragraph (4) for “(3)(a)”, substitute “(3)”.

(6) In paragraph (5) for “(3)(b)(ii)”, substitute “(3)(c)(ii)”.