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The National Health Service Pension Scheme Regulations 1995

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Membership of [F1this Section of] the schemeE+W+S

B1.—(1) Subject to regulation B2 (restrictions on membership) [F2and B3 (restriction on further participation in [F1this Section of] the scheme)], the following persons are eligible to join the scheme—

(a)officers; and

(b)medical and dental practitioners and [F3specialist trainees in general practice].

[F4(2) Subject to paragraph (3), each eligible person will be included in this Section of the scheme—

(a)automatically on commencing NHS employment;

(b)where the person has previously opted out of this Section of the scheme, on the date determined under paragraph (5) of regulation B4 where that paragraph applies: this is subject to regulation B4(6);

(c)subject to regulation B4(6), where the person has previously opted out of this Section of the scheme and is a person to whom section 3 or section 5 of the 2008 Act applies—

(i)on that person’s automatic enrolment date, or

(ii)on that person’s automatic re-enrolment date, except where the notice referred to in regulation B4(1) was given within the 12 months immediately preceding that date.]

(3) A person who, on the coming into force of these Regulations, is not included in [F1this Section of] the scheme will not be included in [F1this Section of] the scheme automatically, but, if eligible, may join [F1this Section of] the scheme by applying on a form provided by the employing authority.

[F5(3A) A person who was a member of the NBSBPS (including a pensioner or deferred member) on 31st August 2007 may, if the Secretary of State considers it appropriate and regulation R8A applies, be a member of [F1this Section of] the scheme.]

[F6(3B) A person—

(a)who—

(i)was in pensionable employment on 31 March 2012 but ceased to be so after that date, or

(ii)ceased NHS employment before 1 April 2012,

(iii)is not the subject of a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967,

(b)who would, if paragraph (a) did not apply, fall within regulation B3(8G) to [F7(8U)], and

(c)to whom the Treasury’s guidance “Fair Deal for staff pensions: staff transfer from central government” applies,

may, if the Secretary of State considers it appropriate and makes a direction under 7 of the Superannuation (Miscellaneous Provisions) Act 1967, be a member of this Section of the scheme.]

(4) A person who is included in [F1this Section of] the scheme may opt–out at any time in accordance with regulation B4 (opting–out of [F1this Section of] the scheme).

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