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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make transitional and consequential provision in relation to the National Health Service Pension Scheme Regulations 2015 (S.I. 2015/94) (“the new scheme”) for persons who have previous service under the National Health Service Pension Scheme contained in the National Health Service Pension Scheme Regulations 1995 (S.I. 1995/300) (“the 1995 Regulations”) and the National Health Service Pension Scheme Regulations 2008 (S.I. 2008/653) (“the 2008 Regulations) (the latter two Regulations together referred to here as “the old scheme”).

Part 1 deals with introductory matters and sets out definitions used in the Regulations.

Part 2 sets out transitional provisions by way of modification of the operation of the old scheme and the new scheme.

• Chapter 1 introduces Schedule 1, which sets out when existing pensioners of the old scheme are eligible to become members of the new scheme.

• Chapter 2 provides for nominations, notices and declarations given in the old scheme to have effect in the new scheme and vice versa.

• Chapter 3 provides for members of the old scheme who are transferred to the new scheme to remain active members of the old scheme, and sets out when a break in service affects that continuing active membership.

• Chapter 4 makes transitional provision in respect of contributions and final pay.

• Chapter 5 deals with arrangements for existing contracts for additional service, unreduced lump sums and additional pension.

• Chapter 6 provides for part of bulk transfer payments received into the new scheme to be paid into the old scheme in certain circumstances.

• Chapter 7 makes transitional provision in respect of retirement benefits.

• Chapter 8 deals with death in service benefits.

• Chapter 9 provides for certain members to be able to elect to convert their service under the 1995 Regulations into service under the 2008 Regulations.

Part 3 introduces Schedule 2, which makes a number of amendments to the old scheme.

• Parts 1 and 2 of Schedule 2 make similar amendments in respect of both the 1995 Regulations and the 2008 Regulations. They also introduce amendments specific to either the 1995 Regulations or the 2008 Regulations.

• The changes dealing with similar issues in Parts 1 and 2—

  (i)

  amend the provision governing participation in the old scheme so that participation is only open to those who benefit from full protection (members within 10 years of retirement age under the Scheme) or who benefit from tapered protection (members more than 10 years but less than 13 years and 5 months away from retirement age under the Scheme);

  (ii)

  amend provisions of the old scheme to allow deferred benefits in the old scheme to be paid at the normal retirement age for that scheme despite the member remaining in NHS employment;

  (iii)

  insert new provisions dealing with a member’s right to an annual benefit statement.

• Amendments specific to the 1995 Regulations—

  (i)

  insert new provisions for crediting service in the 1995 Section in the 2008 Section.

• Amendments specific to the 2008 Regulations—

  (i)

  amend the provisions relating to applications for transfers;

  (ii)

  insert new provisions (regulation 2.F.13 and 3.F.13) making provision for transfers between schemes that participate in the Public Sector Transfer Club.

An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.