C9C4C7C3C2C5C6C1C10C8PART II CERTIFICATION OF EMPLOYMENTS

Annotations:
Modifications etc. (not altering text)
C6

Pt. II applied (with modifications) (1.4.2015 coming into force in accordance with ) by The National Health Service Pension Scheme (Consequential Provisions) Regulations 2015 (S.I. 2015/432), regs. 1(2), 4(1) (with reg. 3)

Special provision with regard to elections for the issue, variation or surrender of certificates where F3(before the second abolition date) the employment remains contracted-out.10

1

Subject toF4... the provisions of this regulation, where in the case of an election with a view to the issue, variation or as the case may be, surrender of a contracting-out certificate the Secretary of State is satisfied, that—

a

any earner in respect of whose employment the election relates will continue to qualify for pensions which satisfy section 9(2) of the 1993 Act, F1 ... under the scheme when the election takes effect;

b

the accrued rights to pensions which satisfy section 9(2) of the 1993 Act F2 ... of that earner under that scheme, will be unaffected; and

c

the employment of the earner will continue to be contracted-out employment by reference to that same scheme, F5when the election takes effect

then that election shall be made in writing to the Secretary of State and may be made without compliance with regulations 2(1), 4 and 5 and paragraphs (1) and (4) to (7) of regulation 9.

2

Where, in accordance with paragraph (1), an election is made without compliance with the said provisions, the employer must give a notice in the manner mentioned in regulation 3(3) to—

a

the earners to whose employment the election relates; and

b

the persons referred to in regulation 3(1)(b) to (d).

3

Notices given under paragraph (2) shall specify—

a

the name of the scheme;

b

the reason for the election;

c

the date F6(being a date before the second abolition date) from when the change is to have effect; and

d

the reasons why the election is being made without compliance with regulations 2(1), 4 and 5 and paragraphs (1) and (4) to (7) of regulation 9.