The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015

Amendment of regulation 2.B.1 E+W

10.—(1) Regulation 2.B.1 (eligibility: general) is amended as follows.

(2) In paragraph (1), after “Scheme” insert “on or after 1st April 2015”.

(3) For paragraphs (3) to (6), substitute—

“(3) Condition B is that the person—

(a) enters NHS employment on or after 1st April 2008 and has service (“relevant service”) as an active member of this Section of the Scheme—

(i) on or before 1st April 2012; or

(ii) after 1st April 2012, but only where that service is pursuant to the provisions of Chapter 2.K,

(b) has not had a break in service for any one period of five years or more ending in the period starting on 2nd April 2012 and finishing on 1st April 2015, and

(c) meets all of the “other Section conditions” (see paragraph (5)).

(4) Condition C is that the person has not reached the age of 75 and was born on, or before, 31st August 1960.

(5) The “other Section conditions” are that—

(a) the person has not received a repayment of contributions under regulation 2.C.18 in respect of their relevant service;

(b) the person’s rights under this Section of the Scheme in respect of their relevant service have not been extinguished under regulation 2.F.7;

(c) the person is not entitled to a repayment of contributions under regulation 2.C.18 by virtue of paragraph (2)(a) to (c) of that regulation.

(6) 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,

and is not the subject of a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(1),

(b) who would, if paragraph (a) did not apply, fall within regulation 2.B.2(1B) to (1G), and

(c) to whom the Treasury’s guidance “Fair Deal for staff pensions: staff transfer from central government”(2) 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.”.

Commencement Information

I1 Sch. 2 para. 10 in force at 1.4.2015, see reg. 1(b)

(1)

1967 (c. 28).

(2)

ISBN 978-1-909790-36-0, PU1571. Copies are available at https://www.gov.uk/government/publications/fair-deal-guidance and from The Correspondence and Enquiry Unit, HMT, 1 Horse Guards Road, London, SW1A 2HQ.