The National Health Service Pension Scheme Regulations 1995

Restriction on further participation in [F1 this Section of] the scheme E+W+S

B3.—(1) Persons who cease to satisfy the conditions for eligibility for membership specified in [F2 regulation B1(1)] may not contribute to or accrue further pensionable service under [F1 this Section of]the scheme.

[F3 (2) Persons whose pensions under [F1 this Section of] the scheme are payable may not contribute to or accrue further pensionable service under [F1 this Section of] the scheme, except in the cases referred to in—

(a) regulation E2(11);

(b) regulation E2A(11) but subject to paragraph (3);

(c) regulation R4(6).

(3) Persons to whom—

(a) regulation E2B(3)(a) applies may not (except where paragraph (b) applies) contribute to or accrue further pensionable service under [F1 this Section of] the scheme from the date the Secretary of State makes a determination under that regulation;

(b) paragraph (a) applies may contribute to or accrue further pensionable service under [F1 this Section of] the scheme from the day after the first anniversary of that person’s NHS employment following the date of the Secretary of State’s determination under regulation E2B if that person is under the age of 50 on that day.]

[F4 (4) Subject to paragraph (7), a person who satisfies Condition A or Condition B may not contribute to or accrue pensionable service under [F1 this Section of] the scheme in respect of any period of NHS employment on or after 1st July 2009 (“the relevant employment”) with effect from the later of—

(a) that date, and

(b) the date on which Condition A or Condition B is met.

(5) Condition A is that on or after 13th January 2009—

(a) that person is employed by an employing authority,

(b) the relevant employment commences in accordance with an arrangement under which it is the intention of the employing authority to retain that person as an employee following that person’s objection to that person’s transfer to another body (which is not an employing authority) (“a retention arrangement”), and

(c) but for that retention arrangement—

(i) the transfer of that person’s employment would be a relevant transfer for the purposes of the TUPE Regulations, or

(ii) that person’s employment would, in the Secretary of State’s opinion, transfer from the employing authority to another employer in the public sector by virtue of an arrangement broadly equivalent to a TUPE transfer.

(6) Condition B is that on or after 13th January 2009—

(a) that person—

(i) is seconded from an employing authority to another body (which is not an employing authority), but

(ii) remains an employee of that employing authority during that secondment, and

(b) the purpose of that secondment is, in the opinion of the Secretary of State, for that person to assist that other body in the discharge of any functions which have previously transferred to that other body from that employing authority.

(7) A person referred to in paragraph (4) may contribute to or accrue pensionable service under [F1 this Section of] the scheme in respect of the relevant employment referred to in that paragraph if the Secretary of State considers it appropriate, having regard to the nature of that employment and the circumstances under which it takes place, to accept that person as a member of [F1 this Section of] the scheme.

(8) The reference in paragraph (5)(c)(ii) to an arrangement broadly equivalent to a TUPE transfer is to an arrangement—

(a) which, having regard to the purpose of the arrangement and its effect on the functions of the employing authority, the Secretary of State considers has that equivalence, and

(b) under which the Secretary of State requires the parties to agree that the rights of the person whose employment is being transferred should, as far as practicable, be treated no less favourably than they would have been under a TUPE transfer.

[F5 (8A) For the purposes of paragraphs (8B) to (8F), a retention arrangement is one under which—

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

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

(8B) 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, from 1st April 2017 contribute to or accrue pensionable service under this Section of the scheme in respect of the performance of those services.

This is subject to paragraph (8E).

(8C) A person who, pursuant to the retention arrangement referred to in paragraph (8B) is, on 2nd April 2014 engaged by the other body to perform services pursuant to the qualifying contract referred to in that paragraph, may not, from that date contribute to or accrue pensionable service under this Section of the scheme in respect of the performance of any services under that contract.

This is subject to paragraph (8E).

(8D) A person who on, or after, 2nd April 2014 and pursuant to a retention arrangement (other than the one referred to in paragraph (8B)) is engaged by the other body to perform services pursuant to a qualifying contract, may not contribute to or accrue pensionable service under this Section of the scheme in respect of the performance of any services under that contract.

This is subject to paragraph (8E).

(8E) The Secretary of State may exceptionally allow a person referred to in paragraph (8B), (8C) or (8D) to contribute to or accrue pensionable service under this Section of the 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.

(8F) Nothing in this regulation prevents the other body referred to in paragraph (8B), (8C) or (8D) from applying for approval as an employing authority pursuant to Schedule 2B.]

[F6 (8G) A person who on 1st April 2012 has not attained the age of 41 years and 7 months may not contribute to or accrue further pensionable service under this Section of the scheme in respect of service in NHS employment on, or after, 1st April 2015.

(8H) A person who on 1st April 2012 has attained the age of 50 may not contribute to or accrue further pensionable service under this Section of the scheme unless that person either—

[F7 (a) is in pensionable employment on 31st March 2015,

(b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply, or

(c) is permitted to join this Section of the scheme by virtue of regulation B2(3).]

(8I) A person who on 1st April 2012 has attained the age of 45 but not the age of 46 years and 7 months may not contribute to or accrue further pensionable service under this Section of the scheme unless either paragraph (8J) or (8K) applies to that person and that person—

(a) is in pensionable employment on 31st March 2015, or

(b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply.

(8J) This paragraph applies to a person who was, on 1st April 2012, in pensionable employment as a special class officer either—

(a) under regulation R2, or

(b) under regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count in excess of 20 years’ pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation.

(8K) This paragraph applies to a person who was, on 31st March 2015, in pensionable employment as a special class officer either—

(a) under regulation R2, or

(b) under regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count in excess of 20 years’ pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation.

[F8 (8L) A person who, on 1st April 2012, has attained the age of 46 years and 7 months but has not attained the age of 50, may not contribute to or accrue further pensionable service under this Section of the scheme unless one of paragraphs (8J), (8M) or (8N) applies to that person and that person—

(a) is in pensionable employment on 31st March 2015,

(b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply, or

(c) is permitted to join this Section of the scheme by virtue of regulation B2(3).]

(8M) This paragraph applies to a person whose eligibility cessation date calculated in accordance with paragraph (8R) has not been reached.

(8N) This paragraph applies to a person if on the day before that person’s eligibility cessation date calculated in accordance with paragraph (8M), that person is in pensionable employment as a special class officer either—

(a) under regulation R2, or

(b) under regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count 20 years or more pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation.

(8O) A person who, on 1st April 2012 has attained the age of 41 years and 7 months but has not attained the age of 45, may not contribute to or accrue further pensionable service under this Section of the scheme unless either paragraph (8P) or (8Q) applies to that person and that person—

(a) is in pensionable employment on 31st March 2015, or

(b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply.

(8P) This paragraph applies to a person if that person was, on 1st April 2012, in pensionable employment as a special class officer—

(a) either under—

(i) regulation R2, or

(ii) regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count 20 years or more pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation, and

(b) that person’s eligibility cessation date calculated in accordance with paragraph (8S) has not been reached.

(8Q) This paragraph applies to a person if that person was, on 31st March 2015, in pensionable employment as a special class officer—

(a) either under—

(i) regulation R2, or

(ii) under regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count 20 years or more pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation, and

(b) that person’s eligibility cessation date calculated in accordance with paragraph (8S) has not been reached.

(8R) For the purposes of paragraphs (8M) and (8N), the “eligibility cessation date” in relation to a person is to be determined according to the formula—

where—

• A is 1st April 2022

• M is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 50.

(8S) For the purposes of paragraphs (8P) and (8Q), the “eligibility cessation date” in relation to a person is to be determined according to the formula—

• A is 1st April 2022

• N is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 45.

(8T) Paragraph (8U) applies to a person who in the opinion of the Secretary of State—

(a) was previously an active member of a health service scheme corresponding to this Section of the scheme,

(b) the regulations governing that corresponding scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act that provide for exceptions to subsection (1) of that section, and

(c) pursuant to those provisions, the member would have been eligible to re-join that corresponding scheme if the member had returned to NHS employment for the purposes of that scheme on the day the member commenced NHS employment within the meaning of these Regulations.

(8U) The Secretary of State may permit a person referred to in paragraph (8T) to join this Section of the scheme and, for the purposes of paragraphs (8H) to (8S), the member’s previous pensionable employment under the corresponding health service scheme referred to in paragraph (8T) will be treated as if it were previous pensionable employment under this Section of the scheme.]

(9) In this regulation—

“the TUPE Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006;

“a TUPE transfer” means a transfer of an undertaking to which the TUPE Regulations apply.]

Textual Amendments

F1 Words in reg. B3 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. B3(1) substituted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 4(2)

F3 Reg. B3(2)(3) substituted for reg. B3(2) (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 3 (with reg. 89)

F4 Reg. B3(4)-(9) inserted (1.7.2009) by The National Health Service Pension Scheme (Amendment) Regulations 2009 (S.I. 2009/1298), regs. 1, 2(3)

F5 Reg. B3(8A)-(8F) inserted (1.4.2014) by The National Health Service Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/570), regs. 1(2), 4 (with reg. 49)

F6 Reg. B3(8G)-(8U) added (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. 4

F7 Reg. B3(8H)(a)-(c) substituted for reg. B3(8H)(a)(b) (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), 5(2) (with reg. 105)

F8 Reg. B3(8L) 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), 5(3) (with reg. 105)