95.—(1) This regulation applies if a member (M)—
(a)is entitled to a Tier 2 IHP under regulation 90 in respect of earlier service;
(b)did not opt to exchange the pension for a lump sum in accordance with regulation 109; and
(c)has re-entered employment (M’s further employment).
(2) M continues to be entitled to a Tier 2 IHP if M’s further employment—
(a)is not NHS employment; and
(b)is an excluded employment.
(3) M continues to be entitled to a Tier 2 IHP during the initial period if M’s further employment—
(a)is NHS employment; and
(b)is an excluded employment.
(4) M ceases to be entitled to a Tier 2 IHP and is treated as being entitled to a Tier 1 IHP if—
(a)M’s employment—
(i)is not NHS employment; and
(ii)is not an excluded employment; or
(b)during the initial period, M’s employment—
(i)is NHS employment; and
(ii)is not an excluded employment; or
(c)after the initial period, M’s employment is NHS employment.
(5) As regards further employment in NHS employment—
(a)paragraph (4)(c) applies from the first day on which payment of a Tier 1 IHP falls after the first anniversary of M’s re-entry into NHS employment, whether or not that day is part of a continuous period of further NHS employment beginning with entry into that employment;
(b)M may not re-join the scheme in respect of that employment or any other NHS employment until after the first anniversary of M’s re-entry into NHS employment, whether or not that or any other NHS employment is an excluded employment.
(6) For the purposes of this regulation—
(a)an employment is an excluded employment at any time in a tax year, in relation to M, if M’s earnings from the employment and any other employments are such that the lower earnings limit for that year is not exceeded;
(b)for the purposes of paragraph (4) an employment that has been an excluded employment in a tax year is not treated as ceasing to be such an employment until the first day following the end of the pension pay period for the Tier 2 IHP in which the limit described in sub-paragraph (a) is first exceeded; and
(c)“the initial period” means the period of 12 months beginning with the day on which M first enters an employment which results in this regulation applying.
(7) M must—
(a)notify the scheme manager if M is in NHS employment at the end of the initial period;
(b)notify the scheme manager if M’s aggregate earnings for the purposes of national insurance from employments held in a tax year are such that the lower earnings limit for that year is exceeded; and
(c)provide the scheme manager or any other person specified by the scheme manager with such further information as the scheme manager specifies concerning any further employment.
(8) In this regulation—
(a)the lower earnings limit must be read in accordance with section 5 of the Social Security Contributions and Benefits Act 1992(1);
(b)“tax year” means a year of assessment for income tax purposes.
Section 5 was substituted by section 73 of, and paragraph 1 of Schedule 9 to, the Welfare Reform and Pensions Act 1999 (c.30) and amended by sections 7(1) and (3) and 27(2) of, and Part 4 of Schedule 7 to, the Pensions Act 2007 (c.22) and sections 1(1) and 4(2) of, and Schedule 2 to, the National Insurance Contributions Act 2008 (c.16).