There are outstanding changes not yet made by the legislation.gov.uk editorial team to The National Health Service Pension Scheme Regulations 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.
B4.—(1) A person who does not wish to, or who no longer wishes to, participate in [F1this Section of] the scheme may opt–out of [F1this Section of] the scheme at any time by giving notice in writing to his employing authority and such person will be treated as having left pensionable employment on the date the notice takes effect.
F2(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(2) A notice referred to in paragraph (1) shall take effect—
(a)from the first day of the pay period immediately following its receipt by the employing authority; or
(b)where a later date is specified in the notice, from the first day of the pay period following the pay period in which the specified date falls.]
[F4(3) A person who opts out of this Section of the scheme under paragraph (1) within one month of the date of commencing NHS employment shall be treated as never having been included in this Section of the scheme in respect of that opt out and, if applicable, any contributions made by, or on behalf of, that person for the period before the opt out took effect must be refunded.]
[F5(4) A notice under paragraph (1) shall cease to have effect on the day immediately preceding, as the case may be, the person’s—
(a)automatic enrolment date; or
(b)automatic re-enrolment date: this does not apply where the notice was given within the 12 months immediately preceding that date.]
(5) Subject to paragraph (6), a person who has opted–out of [F1this Section of] the scheme [F6in accordance with paragraph (1)] may, if eligible to do so, join or rejoin [F1this Section of] the scheme by giving notice in writing to the employing authority and on so doing will be included in [F1this Section of] the scheme on the first day of the first pay period after the notice is received or such later date (which must be the first day of a pay period) as is specified in the notice.
F7(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(6) A person who has opted out may not become a member of this Section of the scheme during any period of absence from work for any reason.]
(7) A person shall not be treated as having retired from pensionable employment by reason only of having opted–out of [F1this Section of] the scheme.
[F9(8) This regulation does not apply to a person to whom sections 3, 5 or 8 of the 2008 Act and regulations 9 or 15 of the 2010 Regulations applies (that is, a person who is subject to automatic enrolment or automatic re-enrolment in this Section of the scheme as a qualifying scheme who does not wish to participate in it): this paragraph does not affect the rights of such a person who subsequently becomes a member of this Section of the scheme in circumstances where those provisions of the 2008 Act and 2010 Regulations do not apply.]
Textual Amendments
F1Words in reg. B4 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
F2Regs. B4(1A)-(1C) omitted (with effect from 1.3.2013) by virtue of The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2)(5)(c), 6(2)
F3Reg. B4(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)(c), 6(3)
F4Reg. B4(3) 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)(c), 6(4)
F5Reg. B4(4) 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)(c), 6(5)
F6Words in reg. B4(5) inserted after the words “opt-out of the scheme” (with effect from 1.4.2004) by virtue of The National Health Service (Pension Scheme and Injury Benefits) Amendment Regulations 2005 (S.I. 2005/661), regs. 1(1), 4(3)
F7Reg. B4(5A) omitted (with effect from 1.3.2013) by virtue of The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2)(5)(c), 6(6)
F8Reg. B4(6) 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)(c), 6(7)
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