The National Health Service Pension Scheme Regulations 2008

[F1 Circumstances in which a 1995 Section member may defer making an option to join this Section of the Scheme under regulation 3.K.2 E+W

3.K.20— (1) This regulation applies to a person who—

(a) on, or after, 1 October 2009—

(i) is an active member of the 1995 Section, or

(ii) is a member of that Section who is absent from work because of illness or injury and whose earnings have ceased in the circumstances described in paragraph (4)(a) of regulation P1 of that Section (absence because of illness or injury or certain types of leave),

(b) has submitted a form AW33E (or such other form as the Secretary of State was willing to accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill-health pension payable in accordance with regulation E2A of the 1995 Regulations (ill-health pension on early retirement),

(c) that form and supporting medical evidence was received by the Secretary of State—

(i) before the date on which a comparative statement of benefits under the 1995 Section and the 2008 Section of the Scheme is sent to the person (whether by electronic communication or otherwise) in accordance with regulation 3.K.2; or

(ii) if such a statement has been issued to that person, before the date specified by the Secretary of State for the purposes of paragraph (3) of that regulation.

(2) A person to whom paragraph (1) applies may opt to join this Section of the Scheme in accordance with paragraph (3).

(3) The option under paragraph (2) may only be exercised if—

(a) the person gives notice in writing to the Scheme administrator in such form as the Secretary of State requires, and

(b) that notice is received by the Scheme administrator within a period of four months starting with, where—

(i) that person is sent a written notification of the Secretary of State’s decision as to whether, in consideration of the form and medical evidence referred to in paragraph (1), that person has met the tier 1 or the tier 2 condition specified in regulation E2A of the 1995 Section (“the first decision”), the date of that decision;

(ii) that person is sent a written notification of the Secretary of State’s decision in respect of the stage one dispute, (“a stage one decision”), the date of that decision;

(iii) that person is sent a written notification of the Secretary of State’s decision in respect of the stage two dispute, (“ a stage two decision”), the date of that decision; or

(iv) that person is sent written notification of the final determination by the Pensions Ombudsman, the date of that determination.

This is subject to paragraph (4).

(4) Paragraph (3) shall cease to apply to any person if at any time that person—

(a) returns to practitioner service, or

(b) claims a pension under regulation E5 or L1 of the 1995 Regulations (which deal with an early retirement pension (with an actuarial reduction) and preserved pensions respectively).

(5) For the purpose of this regulation—

“stage one dispute” means a request made to the Secretary of State for a review of the first decision under section 50 of the 1995 Act (resolution of disputes), that is received by the Secretary of State within a period of one year starting with the date on which that person’s contract of employment is terminated;

“stage two dispute” means a request made to the Secretary of State to review the stage one decision under section 50 of the 1995 Act that is received by the Secretary of State within a period of six months starting with the day on which that person is sent a written notification of a stage one decision;

“the final determination by the Pensions Ombudsman” means a written determination under Section X of the 1993 Act made as the result of the investigation of a complaint by the person in respect of the stage two decision that was received by the Pensions Ombudsman within a period of three years starting with the day on which the person is sent written notification of the stage two decision.]

Textual Amendments

F1 Ch. 3K inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 94