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.
R4.—[F1(1) This regulation applies to members in NHS employment—
(a)with more than one employing authority;
(b)who hold, under one employing authority, two or more separate employments; or
(c)to whom paragraph (10A) below applies.]
(2) The member may contribute to [F2this Section of] the scheme in respect of all or any of his employments with employing authorities, providing that the employments in respect of which he chooses to contribute to [F2this Section of] the scheme do not in aggregate exceed, as determined by the Secretary of State, a single comparable whole–time employment.
(3) Any amount by which the member’s pensionable pay in respect of concurrent part– time employments exceeds the amount that the Secretary of State determines would have been paid in respect of a single comparable whole–time employment will be ignored.
(4) Any amount by which the member’s pensionable service in respect of concurrent part–time employments, calculated as described in regulation R5 (pensionable service in respect of part–time employment), exceeds the period during which the member carried on those employments, will be ignored.
(5) Subject to paragraph (6), the member shall not become entitled to a pension under any of regulations E1 to E5 or a preserved pension under regulation L1 until the termination of all NHS employments (including employment as a practitioner) or he reaches age [F375].
(6) If the member leaves employment with one employing authority and becomes entitled to a pension under regulation E3 (early retirement pension on grounds of redundancy) [F4or regulation E3A (early retirement pension (termination of employment by employing authority)] in relation to the employment that has ended, the member may elect to take benefits only in respect of the employment that has ended and to continue to accrue rights to benefits in respect of any other continuing pensionable employment.
(7) Where the member elects under paragraph (6), paragraph (5) will apply in relation to any employment in respect of which the member continues to accrue rights to benefits.
(8) For the purposes of paragraph (5) the member, on leaving NHS employment, shall be treated as having terminated all NHS employment where any remaining NHS employment amounts to 16 hours per week or less.
(9) Regulation S2 (reduction of pension on return to NHS employment) will apply to any member who becomes entitled to a pension under paragraph (6) while continuing in other NHS employment.
(10) [F5Subject to paragraph (10A), in calculating] the member’s final year’s pensionable pay there shall be taken into account pensionable pay in respect of any other pensionable employment in that final year except a pensionable employment in respect of which the member continues to accrue benefits in accordance with paragraph (6).
[F6(10A) A member who becomes entitled to a pension under regulation E3 [F7or E3A], and has terminated concurrent employment as a practitioner not more than 12 months before the date on which he becomes entitled to that pension, shall not be entitled to receive a pension under regulation E3 [F7or E3A] in respect of any employment as a practitioner, but shall be entitled only to receive a pension under regulation E1 or E5, or a preserved pension under regulation L1, in respect of such employments.
(10B) Where paragraph (10A) applies, the member may, in respect of any service as an officer which has terminated and to which paragraph 9(1), (6) or (9) of Schedule 2 applies, elect for that paragraph not to apply and instead to receive a pension under regulation E3 [F8or E3A] in respect of that service.]
(11) The member will not receive a refund of contributions under regulation L2 until he leaves all pensionable employment without becoming entitled to a pension under any of regulations E1 to E5 or a preserved pension under regulation L1.
(12) The member may exercise a right to transfer or buy–out under regulations M1 to M5 (transfers and buy–outs) only if he leaves all pensionable employment before reaching age 60 and before becoming entitled to a pension under [F2this Section of] the scheme.
Textual Amendments
F1Reg. R4(1) substituted (1.4.1998) by The National Health Service Pension Scheme (Amendment) Regulations 1998 (S.I. 1998/666), regs. 1, 9(a)(i)
F2Words in reg. R4 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
F3Word in reg. R4(5) substituted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 53
F4Words in reg. R4(6) inserted (1.12.2006) by The National Health Service (Pension Scheme and Compensation for Premature Retirement) Amendment Regulations 2006 (S.I. 2006/2919), regs. 1(2), 2(3)(a)(iv)
F5Words in reg. R4(10) substituted (1.4.1998) by virtue of The National Health Service Pension Scheme (Amendment) Regulations 1998 (S.I. 1998/666), regs. 1, 9(a)(ii)
F6Reg. R4(10A)(10B) inserted (1.4.1998) by The National Health Service Pension Scheme (Amendment) Regulations 1998 (S.I. 1998/666), regs. 1, 9(a)(iii)
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
