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

[F1 Effect of recommencing service after break E+W

10A.— (1) Paragraph (2) applies where—

(a) on the date a person [F2 other than a non-pensionable old scheme member] becomes eligible to join the new scheme that person is absent from work because of illness or injury and that person’s earnings have ceased either—

(i) in the circumstances described in regulation P1 of the 1995 Regulations, or

(ii) in the circumstances described in regulations 2.A.9(7), or 3.A.8(4) of the 2008 Regulations, and

(b) on the date the person’s employment is terminated or the person dies (“the relevant date”)—

(i) that person’s earnings have not recommenced, and

(ii) for the purposes of the new scheme, that person’s pensionable earnings are zero.

(2) Where paragraph (1) is satisfied, if the earnings of a person referred to in that paragraph had recommenced at the relevant date the scheme manager may determine that the person would have become entitled to either—

(a) the benefit set out at paragraph (4)(b) of regulation 28 (ill health benefits: members below normal pension age) where that person’s employment is terminated, or

(b) one or more of the benefits set out at regulation 40 (death in service) where that person dies.

(3) Where the scheme manager does so determine, for the purposes of calculating the benefits referred to in paragraph (2)—

(a) the person is treated as if they were in pensionable service on their last day of NHS employment, and

(b) contributions in respect of that day are deemed to have been paid.]

Textual Amendments

F1 Reg. 10A inserted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 92 (with reg. 105)

F2 Words in reg. 10A(1)(a) inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 27