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

PART 1 Introductory

Citation, extent and commencement

1.  These Regulations—

(a) may be cited as the National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015;

(b) come into force on 1st April 2015; and

(c) extend to England and Wales.

Interpretation

2.  In these Regulations—

“1995 officer transition member” means a person who is an officer transition member by virtue of having pensionable service in the 1995 Section;

“1995 Regulations” means the National Health Service Pension Scheme Regulations 1995(1);

“1995 Section” means the section of the National Health Service Pension Scheme for England and Wales set out in the 1995 Regulations;

“2008 officer transition member” means a person who is an officer transition member by virtue of having pensionable service in the 2008 Section;

“2008 Regulations” means the National Health Service Pension Scheme Regulations 2008(2);

“2008 Section” means the section of the National Health Service Pension Scheme for England and Wales set out in the 2008 Regulations;

“2013 Act” means the Public Service Pensions Act 2013;

“2015 Regulations” means the National Health Service Pension Scheme Regulations 2015(3);

“new scheme” means the scheme set out in the 2015 Regulations;

“NHS employment”, in relation to the old scheme and the new scheme has the meaning given in the respective Regulations;

“officer transition member” means a person who is both a member of—

(a)

the old scheme by virtue of having pensionable service in that scheme to which paragraphs 1(2)(i) and (ii) or paragraphs 2(2)(i) and (ii) of Schedule 7 (final salary link) to the 2013 Act applies; and

(b)

the new scheme by virtue of having pensionable service in that scheme that would have been treated as officer service for the purposes of the old scheme had it been service in the old scheme;

“old scheme” means the National Health Service Pension Scheme for England and Wales, as set out in the 1995 Regulations and the 2008 Regulations;

“practitioner transition member” means a person—

(a)

who is both a member of—

(i)

the old scheme by virtue of having pensionable service to which schedule 2 to the 1995 Regulations or Part 3 of the 2008 Regulations applies; and

(ii)

the new scheme by virtue of having pensionable service in that scheme that would have been treated as practitioner service for the purposes of the old scheme had it been service in the old scheme; and

(b)

whose pensionable service for the old scheme and pensionable service for the new scheme are continuous, where—

(i)

paragraphs 3 and 4 of Schedule 7 to the 2013 Act (continuity of employment etc.) apply as they apply for the purposes of paragraphs 1(2) and 2(2) of that Schedule; and

(ii)

the person’s pensionable service for the old scheme and pensionable service for the new scheme are not continuous if scheme regulations made pursuant to section 8A(4)(b) of the Pensions (Increase) Act 1971(4) (references to “service” : relevant old scheme pension in payment) apply to the person;

“transition member” means a person who is either an officer transition member or a practitioner transition member.

(1)

S.I. 1995/300 as amended by S.I. 1997/80 and 1888, 1998/666 and 2216, 2000/605, 2001/1428 and 3649, 2002/561 and 2469, 2003/631 and 2322, 2004/665 and 696, 2005/661 and 3074, 2006/600 and 2919, 2007/2054 and 3280, 2008/654 and 2263, 2009/381, 1298 and 2466, 2010/492 and 1634, 2011/591 and 2586, 2012/610, 2013/413, 2014/78, 570, 1607 and 3061 and as modified by S.I. 1996/971.

(2)

S.I. 2008/653, as amended by S.I. 2008/2263, 2009/381, 1298 and 2446, 2010/492 and 1634, 2011/591 and 2586, 2012/610, 2013/413, 2014/78, 570 and 1607.

(3)

S.I. 2015/94.

(4)

1971 c.56. Section 8A was inserted by paragraph 4 of Schedule 8 to the Public Service Pensions Act 2013 (c.25).