The National Health Service Pension Scheme Regulations 2015

Membership E+W

18.—(1) Subject to regulation 19, a person is eligible to join this scheme if the person is a health service worker and is—

(a) employed by an NHS organisation listed in Part 1 of Schedule 5;

[F1 (b) an individual who is a medical contractor, or who is employed by a medical contractor or dental contractor, listed in Part 2 of that Schedule;]

(c) an individual who is employed by an independent provider in circumstances described in paragraph (4);

(d) an individual who is a medical practitioner or dental practitioner listed in Part 3 of that Schedule; or

(e) who is employed by a determination employer: see Part 4 of that Schedule.

(2) Subject to regulation 19, a person is eligible to join this scheme if the person is—

(a) an individual of a category or description listed in Schedule 6; and

(b) a person in respect of whom the Secretary of State has made a determination under section 25(5) of the 2013 Act.

(3) Where such a determination is made, these Regulations apply to the person subject to any modification made by the Secretary of State by direction under section 25(8) of the 2013 Act.

(4) The circumstances are that the person—

(a) performs services pursuant to an approved qualifying contract (see regulation 150(3)); and

(b) satisfies the wholly or mainly condition (see regulation 150(4)).

(5) In paragraph (1), the reference to a person being employed does not include a reference to a person engaged under a contract for services.

(6) Where, in relation to a single employment or engagement for provision of services, a person is eligible to join this scheme by virtue of more than one of the sub-paragraphs of paragraphs (1) or (2), the scheme manager must determine which one sub-paragraph is to be used as the basis for membership.

Textual Amendments

F1 Reg. 18(1)(b) substituted (1.4.2015) by The National Health Service Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/581), regs. 1(b), 2(2)