The National Health Service Pension Scheme Regulations 2015 No. 94

SCHEDULES

Regulation 19

SCHEDULE 8 E+W Restrictions on eligibility: Secondments relating to qualifying contracts

Retention arrangement E+W

1.  For the purposes of this Schedule, a retention arrangement is one under which—

(a) a person (P) is seconded from an employing authority (“the sending employing authority”) to another body which is not an employing authority (“the other body”); and

(b) P, pursuant to an intention of the sending employing authority, remains an employee of that authority in circumstances where P's performance of services pursuant to a qualifying contract for the other body counts as pensionable service only by reason of the retention arrangement.

Persons subject to retention arrangements E+W

2.—(1) A person who on 2nd April 2014, and pursuant to a retention arrangement which was entered into before that date, remains engaged by the other body to perform services pursuant to a qualifying contract, may not contribute to or accrue pensionable service under this scheme in respect of the performance of those services.

(2) A person who, pursuant to the retention arrangement referred to in sub-paragraph (1) is, on or after 2nd April 2014 engaged by the other body to perform services pursuant to the qualifying contract referred to in that sub-paragraph, may not contribute to or accrue pensionable service under this scheme in respect of the performance of any services under that contract.

(3) A person who on, [F1 or after, 2nd April 2014 and] pursuant to a retention arrangement (other than the one referred to in sub-paragraph (1)) is engaged by the other body to perform services pursuant to a qualifying contract, may not contribute to or accrue pensionable service under this scheme in respect of the performance of any services under that contract.

Textual Amendments

F1 Words in Sch. 8 para. 2(3) inserted (1.4.2017) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 45

Exceptions E+W

3.  The Secretary of State may exceptionally allow a person referred to in paragraph 2 to contribute to or accrue pensionable service under this scheme if the Secretary of State considers that appropriate having regard to the nature of the person's employment and the circumstances under which it takes place.

Other body saving E+W

4.  Nothing in this Schedule prevents the other body referred to in paragraph 2 from applying for approval as an employing authority pursuant to regulation 151.

Qualifying contract E+W

5.  References in this Schedule to a qualifying contract must be construed in accordance with regulation 150(3).