The National Health Service Pension Scheme Regulations 1995

Membership of [F1 this Section of] the scheme E+W+S

B1.—(1) Subject to regulation B2 (restrictions on membership) [F2 and B3 (restriction on further participation in [F1 this Section of] the scheme)], the following persons are eligible to join the scheme—

(a) officers; and

(b) medical and dental practitioners and [F3 specialist 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 [F1 this Section of] the scheme will not be included in [F1 this Section of] the scheme automatically, but, if eligible, may join [F1 this 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 [F1 this 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 [F1 this Section of] the scheme may opt–out at any time in accordance with regulation B4 (opting–out of [F1 this Section of] the scheme).

Textual Amendments

F1 Words in reg. B1 inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 1 para. 1

F2 Words in reg. B1(1) inserted (1.7.2009) by The National Health Service Pension Scheme (Amendment) Regulations 2009 (S.I. 2009/1298), regs. 1, 2(2)

F3 Words in reg. B1(1)(b) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 5(2)

F4 Reg. B1(2) substituted (with effect from 1.3.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2)(5)(b), 5(3)

F5 Reg. B1(3A) inserted (1.9.2007) by The National Health Service Pension Scheme (Amendment) Regulations 2007 (S.I. 2007/2054), regs. 1, 2(3)

F6 Reg. B1(3B) inserted (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), reg. 1(b), Sch. 2 para. 2

F7 Word in reg. B1(3B)(b) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 4 (with reg. 105)