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The National Health Service Pension Scheme (Amendment) Regulations 2009

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the regulations governing the National Health Service Pension Scheme. The Scheme consists of two “sections” – the 1995 section governed by the National Health Service Pension Scheme Regulations 1995 (S.I. 1995/300) (“the 1995 Regulations”) and the 2008 section governed by the National Health Service Pension Scheme Regulations 2008 (S.I. 2008/653) (“the 2008 Regulations”).

Regulation 2 amends regulations B1 and B3 of the 1995 Regulations (which deal with restrictions on membership of the 1995 section of the Scheme) to provide that a person whose employment is subject to a “TUPE” or “TUPE-like” transfer or a person seconded to a non-NHS organisation to assist that organisation in the discharge of any functions previously transferred to it, may not pay contributions or accrue pensionable service in the 1995 section of the Scheme except where the Secretary of State considers it appropriate to accept that person as a member of the Scheme.

Regulation 3 amends regulation 2.B.2 of the 2008 Regulations (which deals with restrictions on membership of the 2008 section of the Scheme) to the same effect as regulation 2 in relation to the 1995 Regulations.

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