The National Health Service Pension Scheme Regulations 2008

2.A.5    Meaning of “qualifying service” E+W

(1) In this Part, references to a member’s qualifying service, are references to the aggregate of the following periods—

(a) the member’s pensionable service under this Part other than such pensionable service as is referred to in regulation 2.A.2(1)(c) (transferred-in service),

(b) in the case of a person in respect of whom a transfer value in respect of his rights under another pension arrangement [F1 (including the NHS Pension Scheme 1995)] has been accepted under Chapter 2.F (transfers), a period equal to the person’s period as an active member in any occupational pension scheme in respect of which the rights accrued,

(c) in the case of a person who—

(i) became an active member on the transfer of the person’s employment to a new employer as the result of a transfer of an undertaking to that employer, and

(ii) has rights under another occupational pension scheme to which the person was eligible to belong in the person’s employment with the former employer, in respect of which no transfer payment has been accepted under regulation 2.F.10,

the period of employment that qualified the member for those rights,

(d) any period treated as qualifying service under paragraph (3), (5) or (6) or under regulation 2.A.6, and

(e) where the member ceased to be an active member under Part 3 not more than 12 months before becoming a member under this Part, any period of qualifying service under Part 3.

[F2 (f) in the case of a person—

(i) who is eligible to join the Scheme by virtue of regulation 2.B.1(5)(c), and

(ii) for whom the interval between leaving the NHS Pension Scheme 1995 and joining the Scheme is less than one month,

a period equal to the period of qualifying service (within the meaning of the 1995 Regulations), measured in years and days, that the member was entitled to count under regulation C3 of the 1995 Regulations when the member left that scheme.]

(2) Paragraph (3) applies if a member who is employed on a casual basis—

(a) ceases to pay contributions because of a break in the employment in which the member is an active member of a period not exceeding three months, and

(b) re-enters employment in which the member is eligible to be an active member on the same basis after the break.

(3) For the purposes of this Part the member is treated—

(a) as continuing to be in qualifying service during the break, and

(b) as not being required to rejoin the scheme on re-entering the employment.

(4) For the other rules applying where there is a short break in service, see regulation 2.A.6.

(5) If—

(a) a pension becomes payable to a member under regulation 2.D.11 (early retirement on termination of employment by employing authority) in a case where regulation 2.D.13(5) applies, and

(b) the member has elected to take benefits under regulation 2.D.11 only in respect of the old employment and to continue to accrue rights to benefits in respect of any continuing employments in which the member is an active member,

the pensionable service in respect of which that pension is calculated is treated as qualifying service in relation to any employment in respect of which rights to benefits continue to accrue.

(6) In determining the service that is pensionable service for the purposes of this regulation, regulation 2.A.3 (meaning of “pensionable service”: part-time service) does not apply, but for those purposes part-time employments held concurrently are treated as a single employment.

Textual Amendments

F1 Words in reg. 2.A.5(1)(b) 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), 28(a) (with reg. 93)

F2 Reg. 2.A.5(1)(f) inserted (with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(6), 28(b) (with reg. 93)