The National Health Service Pension Scheme Regulations 2015

Pensionable service E+W

20.—(1) Pensionable service is the aggregate of the following periods—

(a) a period of service in which a member (M) contributes to this scheme under regulation 30 or 31;

(b) a period of absence from service which counts as pensionable service under regulation 21; and

(c) a period of service credited to M as pensionable service under Part 7 (transfers).

(2) M's pensionable service does not include—

(a) a period of service in respect of which an employing authority or the Secretary of State has paid contributions to another occupational pension scheme in respect of M;

(b) where M is a pensioner member or a deferred member, a period taken into account—

(i) in determining M's entitlement to the pension in payment or, as the case may be, the deferred pension; or

(ii) in calculating the amount of the pension;

(c) a period of service in which the Secretary of State's liability to provide benefits is discharged—

(i) by the payment of a contributions equivalent premium under section 55(2) of the 1993 Act M1 [F1 or article 3 of the 2016 Order];

(ii) under regulation 42 (effect of refund); or

(iii) by the payment of a transfer value payment on transfer out under Part 7 (transfers).

(3) Paragraph (4) applies if—

(a) the employment in which M is an active member ceases; and

(b) a payment is made in respect of untaken leave.

(4) If this paragraph applies—

(a) M's pensionable service is treated as continuing for a period equal to the period of leave in respect of which payment is made; and

(b) the payment is treated as M's pensionable earnings for the period.

(5) If M—

(a) is a pensioner member; and

(b) is entitled to a pension under regulation 85 (partial retirement),

paragraph (2)(b) applies only to so much of M's pensionable service as is mentioned in regulation 85(3)(a) (the specified percentage of the pensionable service in respect of which M is an active member on the election day).

(6) For the purposes of calculating the length of a period of pensionable service—

(a) a year is a period of 365 days;

(b) 29th February in any year is ignored;

(c) part of a day is treated as a whole day.

Textual Amendments

F1 Words in reg. 20(2)(c)(i) inserted (6.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(3), 77

Marginal Citations

M1 1993 c.48. Section 55(2) was substituted by section 141(1) of the Pensions Act 1995 (c.26) and amended by section 18 of, and paragraph 7 of Schedule 2 to, the Welfare Reform and Pensions Act 1999 (c.30) and sections 15 and 27 of, and paragraphs 1 and 26 of Schedule 4 and Part 6 of Schedule 7 to, the Pensions Act 2007 (c.22).