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

Regulation 3

SCHEDULE 1 E+W Eligibility of pensioners

Eligibility of 1995 Section pensioners to join new scheme E+W

1.  A person of the description in column 2 of the table is eligible to be a member of the new scheme in the circumstances or on the date specified in column 3 of the table.

Table

Column 1 Group	Column 2 Description of person	Column 3 Circumstances or date of eligibility
1	a 1995 Section member who is in receipt of an ill-health pension under regulation E2 or E2A of the 1995 Regulations who— (a) is in pensionable employment in the 1995 Section on or after 1st April 2015; or (b) who returned to pensionable employment in the 1995 Section on or before 31st March 2015 and who, if they had been in employment with an employing authority on 1st April 2015 would have been eligible to re-join the 1995 Section.	eligible to be an active member of the new scheme on the earliest of— (a) returning from a break in service where regulation B2 of the 1995 Regulations applies; (b) reaching the member’s eligibility cessation date determined in accordance with regulation B3 of the 1995 Regulations; (c) returning from a break in service after reaching the member’s eligibility cessation date determined in accordance with regulation B3 of the 1995 Regulations.
2	a 1995 Section member in receipt of a pension under regulation E2 or a tier 1 pension under regulation E2A of the 1995 Regulations who— (a) is in further pensionable employment in the 1995 Section on or before 31st March 2015; or (b) returns to NHS employment— (i) for the first time after the pension under regulation E2 or a tier 1 pension under regulation E2A of the 1995 Regulations became payable; (ii) on or after 1st April 2015; and (iii) is under the age of 50 on the date of return to NHS employment, and who ceases to be eligible for pensionable employment in the 1995 Section in NHS employment on or after 1st April 2015 pursuant to regulation B3 of the 1995 Regulations.	eligible to be an active member of the new scheme on or after 1st April 2015 if that member would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
3	a 1995 Section member in receipt of a tier 2 pension under regulation E2A of the 1995 Regulations— (a) who re-enters NHS employment; (b) whose protection period for the purposes of regulation E2C of the 1995 Regulations spans 1st April 2015 or begins on or after 1st April 2015; and (c) who is— (i) under age 50 on the day after the protection period in regulation E2C(6)(b) of the 1995 Regulations ends; and (ii) not eligible to re-join the 1995 Section on that day pursuant to regulation B2 or B3 of the 1995 Regulations.	eligible to be an active member of the new scheme on the day after the protection period in regulation E2C(6)(b) of the 1995 Regulations ends.
4	a 1995 Section member who is in pensionable employment on or after 1st April 2015 who— (a) becomes a pensioner member of the 1995 Section with a tier 1 pension under regulation E2A of the 1995 Regulations from that employment; (b) subsequently re-enters NHS employment and on their return is under age 50; and (c) is not eligible to re-join the 1995 Section on that day pursuant to regulation B2 or B3 of the 1995 Regulations.	eligible to be an active member of the new scheme on the day of return to NHS employment.
5	a 1995 Section member— (a) who became eligible to join the new scheme on or after 1st April 2015; (b) became an active member of the new scheme before reaching normal benefit age under the 1995 Section; and (c) for whom the service in the 1995 Section did not qualify or has ceased to be pensionable service to which paragraphs 1(2)(i) and (ii) or paragraphs 2(i) and (ii) of Schedule 7 to the 2013 Act applies.	eligible to be an active member of the new scheme, or re-join the new scheme, notwithstanding the putting into payment of the pension under the 1995 Section.
6	a 1995 Section pensioner— (a) who would have been eligible to be an active member of the 2008 Section after the completion of a waiting period as set out in regulation 2.B.1A and 3.B.1A of the 2008 Regulations but who will not be eligible to join the 2008 Section on that date pursuant to regulations 2.B.1 or 3.B.1 of the 2008 Regulations; and (b) who— (i) has not yet returned to NHS employment on 1st April 2015; or (ii) returned to NHS employment before that date but, on that date, has not completed the relevant waiting period.	eligible to be an active member of the new scheme on completion of the relevant waiting period in regulation 2.B.1A or 3.B.1A of the 2008 Regulations.
[F1 7	a 1995 Section member in receipt of a pension under regulation E2 or a tier 1 pension under regulation E2A of the 1995 Regulations who— (a) is in further pensionable employment in the 1995 Section on 31st March 2022; or (b) would have been eligible to join the 1995 Section on 31st March 2022 if the member had been in employment with an employing authority on that day.	eligible to be an active member of the new scheme on the first day on or after 1st April 2022 on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
8	a 1995 Section member in receipt of a redundancy etc. pension under regulation E3 or a termination of employment pension under regulation E3A of the 1995 Regulations who— (a) made an election under paragraph (6) of regulation R4 of the 1995 Regulations in respect of that pension; (b) is in further pensionable employment in the 1995 Section on 31st March 2022; or (c) would have been eligible to join the 1995 Section on 31st March 2022 if the member had been in employment with an employing authority on that day.	eligible to be an active member of the new scheme on the first day on or after 1st April 2022 on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.]

Textual Amendments

F1 Words in Sch. 1 para. 1 table inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(10)(a)

Commencement Information

I1 Sch. 1 para. 1 in force at 1.4.2015, see reg. 1(b)

Eligibility of 2008 Section pensioners to join new scheme E+W

2.—(1) Subject to paragraph (2), a 2008 Section pensioner member is eligible to be a member of the new scheme if that member would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.

(2) A person of the description in column 2 of the table is eligible to be a member of the new scheme in the circumstances or on the date specified in column 3 of the table.

Table

Column 1 Group	Column 2 Description of person	Column 3 Circumstances or date of eligibility
1	a 2008 Section pensioner member— (a) who is also an active member of the 2008 Section on or after 1st April 2015; or (b) other than a tier 2 ill-health pensioner who returns to NHS employment on or after that date.	eligible to be an active member of the new scheme on return from a break in service where regulation 2.B.2(1B) or 3.B.2(1B) of the 2008 Regulations applies.
2	a 2008 Section pensioner member— (a) who is also an active member of the 2008 Section on or after 1st April 2015; or (b) other than a tier 2 ill-health pensioner who returns to NHS employment on or after that date, and to whom regulation 2.B.2(1D) or 3.B.2(1D) of the 2008 Regulations applies.	eligible to be an active member of the new scheme on the earliest of— (a) returning from a break in service where regulation 2.B.2(1B) or 3.B.2(1B) of the 2008 Regulations applies; (b) reaching the member’s eligibility cessation date determined in accordance with regulations 2.B.2(1F) or 3.B.2(1F) of the 2008 Regulations; (c) returning from a break in service after reaching the member’s eligibility cessation date determined in accordance with regulations 2.B.2(1F) or 3.B.2(1F) of the 2008 Regulations.
3	a 2008 Section pensioner member— (a) who is also an active member of the 2008 Section on 31st March 2015; or (b) other than a tier 2 ill-health pensioner who returns to NHS employment on or after that date, and ceased to be eligible to be an active member of the 2008 Section in any employment on or after 1st April 2015.	eligible to be an active member of the new scheme on the first day on or after 1st April 2015 that the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
4	a tier 2 ill-health pensioner— (a) who returns to NHS employment and the first anniversary of that return is on or after 1st April 2015; (b) to whom [F2 regulation 2.G.4(5)(b)] or 3.G.4(5)(b) of the 2008 Regulations applies; and (c) on the first anniversary of the return to NHS employment that person is not eligible to re-join the 2008 Section pursuant to regulations 2.B.1 and 2.B.2 or 3.B.1 and 3.B.2 of the 2008 Regulations.	eligible to be an active member of the new scheme on the first day on or after the first anniversary of return to NHS employment that the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
5	a 2008 Section member— (a) who is not eligible to be an active member of that Section in NHS employment on or after 1st April 2015; and (b) who becomes a pensioner member of that Section on or after that date.	eligible to be an active member of the new scheme on or after 1st April 2015 if that member would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
[F3 6	a 2008 Section pensioner other than a tier 2 ill-health pensioner who— (a) is also an active member of the 2008 Section on 31st March 2022; or (b) would have been eligible to be an active member of the 2008 Section if the member had been in NHS employment on that day.	eligible to be an active member of the new scheme on the first day on or after 1st April 2022 on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.]
[F4 7	a tier 2 ill-health pensioner— (a) who returns to NHS employment and the first anniversary of that return is on or after 1st April 2022; (b) to whom regulation 2.G.4(5)(b) or 3.G.4(5)(b) of the 2008 Regulations applies; and (c) on the first anniversary of the return to NHS employment that person is not eligible to re-join the 2008 Section pursuant to regulation 2.B.2(A1) or 3.B.2(A1) of the 2008 Regulations.	eligible to be an active member of the new scheme on the first day on or after the first anniversary of return to NHS employment on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.]

(3) Paragraphs (1) and (2) apply notwithstanding a person also—

(a) being a 1995 Section pensioner; or

(b) becoming a 1995 Section pensioner after becoming eligible to be an active member of the new scheme.

Textual Amendments

F2 Words in Sch. 1 para. 2 table substituted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(10)(b)(i)

F3 Words in Sch. 1 para. 2 table inserted (1.4.2022) by The National Health Service Pension Schemes (Amendment) Regulations 2022 (S.I. 2022/327), regs. 1(2), 5(10)(b)(ii)

F4 Words in Sch. 1 para. 2 table inserted (with effect from 1.4.2022) by The National Health Service Pension Schemes (Member Contributions etc.) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/991), regs. 1(2)(3), 3(2)

Commencement Information

I2 Sch. 1 para. 2 in force at 1.4.2015, see reg. 1(b)

Regulation 42

SCHEDULE 2 E+W Amendments to the old scheme

PART 1 E+W Amendment of the 1995 Regulations

General E+W

1.  The 1995 Regulations are amended in accordance with the remaining paragraphs of this Part.

Commencement Information

I3 Sch. 2 para. 1 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation B1 E+W

2.  After paragraph (3A)(1) of regulation B1 (membership of this Section of the scheme), add—

“(3B) A person—

(a) who—

(i) was in pensionable employment on 31 March 2012 but ceased to be so after that date, or

(ii) ceased NHS employment before 1 April 2012,

(iii) is not the subject of a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(2),

(b) who would, if paragraph (a) did not apply, fall within regulation B3(8G) to (8V), and

(c) to whom the Treasury’s guidance “Fair Deal for staff pensions: staff transfer from central government”(3) applies,

may, if the Secretary of State considers it appropriate and makes a direction under 7 of the Superannuation (Miscellaneous Provisions) Act 1967, be a member of this Section of the scheme.”.

Commencement Information

I4 Sch. 2 para. 2 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation B2 E+W

3.—(1) Regulation B2 (restrictions on membership), is amended as follows.

(2) Omit sub-paragraphs (j)(v) and (k)(iv) of paragraph (1).

(3) After sub-paragraph (c)(4) of paragraph (2), add—

“(d) for the purposes of sub-paragraphs (k) and (n)(iii)(aa), any break in pensionable employment where the member was in pensionable service in an existing scheme (within the meaning of Schedule 5 to the 2013 Act) is to be disregarded.”.

Commencement Information

I5 Sch. 2 para. 3 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation B3 E+W

4.  After paragraph (8F) of regulation B3 (restriction on further participation in this Section of the scheme)(5), add—

“(8G) A person who on 1st April 2012 has not attained the age of 41 years and 7 months may not contribute to or accrue further pensionable service under this Section of the scheme in respect of service in NHS employment on, or after, 1st April 2015.

(8H) A person who on 1st April 2012 has attained the age of 50 may not contribute to or accrue further pensionable service under this Section of the scheme unless that person either—

(a) is in pensionable employment on the 31st March 2015, or

(b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply.

(8I) A person who on 1st April 2012 has attained the age of 45 but not the age of 46 years and 7 months may not contribute to or accrue further pensionable service under this Section of the scheme unless either paragraph (8J) or (8K) applies to that person and that person—

(a) is in pensionable employment on 31st March 2015, or

(b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply.

(8J) This paragraph applies to a person who was, on 1st April 2012, in pensionable employment as a special class officer either—

(a) under regulation R2, or

(b) under regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count in excess of 20 years’ pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation.

(8K) This paragraph applies to a person who was, on 31st March 2015, in pensionable employment as a special class officer either—

(a) under regulation R2, or

(b) under regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count in excess of 20 years’ pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation.

(8L) A person who, on 1st April 2012, has attained the age of 46 years and 7 months but has not attained the age of 50, may not contribute to or accrue further pensionable service under this Section of the scheme unless one of paragraphs (8J), (8M), (8N) or (8N) applies to that person and that person—

(a) is in pensionable employment on 31st March 2015, or

(b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply.

(8M) This paragraph applies to a person whose eligibility cessation date calculated in accordance with paragraph (8R) has not been reached.

(8N) This paragraph applies to a person if on the day before that person’s eligibility cessation date calculated in accordance with paragraph (8M), that person is in pensionable employment as a special class officer either—

(a) under regulation R2, or

(b) under regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count 20 years or more pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation.

(8O) A person who, on 1st April 2012 has attained the age of 41 years and 7 months but has not attained the age of 45, may not contribute to or accrue further pensionable service under this Section of the scheme unless either paragraph (8P) or (8Q) applies to that person and that person—

(a) is in pensionable employment on 31st March 2015, or

(b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply.

(8P) This paragraph applies to a person if that person was, on 1st April 2012, in pensionable employment as a special class officer—

(a) either under—

(i) regulation R2, or

(ii) regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count 20 years or more pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation, and

(b) that person’s eligibility cessation date calculated in accordance with paragraph (8S) has not been reached.

(8Q) This paragraph applies to a person if that person was, on 31st March 2015, in pensionable employment as a special class officer—

(a) either under—

(i) regulation R2, or

(ii) under regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count 20 years or more pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation, and

(b) that person’s eligibility cessation date calculated in accordance with paragraph (8S) has not been reached.

(8R) For the purposes of paragraphs (8M) and (8N), the “eligibility cessation date” in relation to a person is to be determined according to the formula—

where—

• A is 1st April 2022

• M is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 50.

(8S) For the purposes of paragraphs (8P) and (8Q), the “eligibility cessation date” in relation to a person is to be determined according to the formula—

• A is 1st April 2022

• N is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 45.

(8T) Paragraph (8U) applies to a person who in the opinion of the Secretary of State—

(a) was previously an active member of a health service scheme corresponding to this Section of the scheme,

(b) the regulations governing that corresponding scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act that provide for exceptions to subsection (1) of that section, and

(c) pursuant to those provisions, the member would have been eligible to re-join that corresponding scheme if the member had returned to NHS employment for the purposes of that scheme on the day the member commenced NHS employment within the meaning of these Regulations.

(8U) The Secretary of State may permit a person referred to in paragraph (8T) to join this Section of the scheme and, for the purposes of paragraphs (8H) to (8S), the member’s previous pensionable employment under the corresponding health service scheme referred to in paragraph (8T) will be treated as if it were previous pensionable employment under this Section of the scheme.”.

Commencement Information

I6 Sch. 2 para. 4 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation L1 E+W

5.  In paragraph (14) regulation L1, for the definition of “NHS employment”, substitute—

““NHS employment” does not include employment with an employing authority in respect of which a member is eligible to join—

(a)

the 2008 Section; or

(b)

the 2015 Scheme and that member’s service in this Section does not qualify as, or has ceased to be, pensionable service to which paragraphs 1(2)(i) and (ii) or paragraphs 2(i) and (ii) of Schedule 7 (final salary link) to the 2013 Act applies.”.

Commencement Information

I7 Sch. 2 para. 5 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation R8 E+W

6.  After paragraph (5) of regulation R8 (former members of health service schemes), add—

“(6) A member who leaves employment in respect of which the member qualified for benefit under a health service scheme and who joins the 2015 Scheme may, by notice in writing, require the Secretary of State to credit the member with a relevant period of pensionable service (together with the rights attaching to that service) under this Section of the scheme.

This is subject to paragraphs (8) and (9).

(7) That relevant period of pensionable service is calculated as if—

(a) the employment to which the health service scheme applied were NHS employment, and

(b) the member’s contributions to that health service scheme were contributions to this Section of the scheme.

(8) The member may only exercise the right referred to in paragraph (6) if—

(a) a transfer payment is made from the health service scheme to this Section of the scheme, and

(b) on the day the member becomes an active member of the 2015 Scheme, paragraph 2 of Schedule 7 to the 2013 Act applies to the period of service in respect of which that transfer value payment is made.

(9) A notice referred to in paragraph (6) must be addressed to the Secretary of State and given within 1 year after joining the 2015 Scheme.”.

Commencement Information

I8 Sch. 2 para. 6 in force at 1.4.2015, see reg. 1(b)

New regulation U5 E+W

7.  At the end of Part U (administrative matters), add—

“Benefit information statements

U5.— (1) The Secretary of State must provide a benefit information statement to each member in accordance with—

(a) section 14 (information about benefits) of the 2013 Act, and

(b) any Treasury directions given from time to time pursuant to that section.

(2) Paragraph (1) does not provide a right for a member to request a benefit information statement.

(3) The Secretary of State is only required to provide a member with one benefit information statement per scheme year.

(4) A benefit information statement provided pursuant to paragraph (1) is to be treated as though it is the information mentioned in regulation 16(2)(a) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013(6) for the purposes of determining whether or not information must be given under regulation 16(1) of those Regulations.”.

Commencement Information

I9 Sch. 2 para. 7 in force at 1.4.2015, see reg. 1(b)

Amendment of Schedule 2 E+W

8.  For paragraph 17A of Schedule 2(7), substitute—

“17A.   Regulation L1(14) is modified so that—

(a) paragraph (b) in the definition of “NHS employment” reads—

“(b) the 2015 Scheme and that member has a break of service under the 2015 Regulations that exceeds five years.”; and

(b) the definition of “regular employment of like duration” reads—

““regular employment of like duration” means such employment as the Secretary of State considers would involve a similar level of engagement to the member’s pensionable service as a practitioner immediately before that service ceased.””.

Commencement Information

I10 Sch. 2 para. 8 in force at 1.4.2015, see reg. 1(b)

PART 2 E+W Amendment of the 2008 regulations

General E+W

9.  The 2008 Regulations are amended in accordance with the remaining paragraphs of this Part.

Commencement Information

I11 Sch. 2 para. 9 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation 2.B.1 E+W

10.—(1) Regulation 2.B.1 (eligibility: general) is amended as follows.

(2) In paragraph (1), after “Scheme” insert “on or after 1st April 2015”.

(3) For paragraphs (3) to (6), substitute—

“(3) Condition B is that the person—

(a) enters NHS employment on or after 1st April 2008 and has service (“relevant service”) as an active member of this Section of the Scheme—

(i) on or before 1st April 2012; or

(ii) after 1st April 2012, but only where that service is pursuant to the provisions of Chapter 2.K,

(b) has not had a break in service for any one period of five years or more ending in the period starting on 2nd April 2012 and finishing on 1st April 2015, and

(c) meets all of the “other Section conditions” (see paragraph (5)).

(4) Condition C is that the person has not reached the age of 75 and was born on, or before, 31st August 1960.

(5) The “other Section conditions” are that—

(a) the person has not received a repayment of contributions under regulation 2.C.18 in respect of their relevant service;

(b) the person’s rights under this Section of the Scheme in respect of their relevant service have not been extinguished under regulation 2.F.7;

(c) the person is not entitled to a repayment of contributions under regulation 2.C.18 by virtue of paragraph (2)(a) to (c) of that regulation.

(6) A person—

(a) who—

(i) was in pensionable employment on 31 March 2012 but ceased to be so after that date, or

(ii) ceased NHS employment before 1 April 2012,

and is not the subject of a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(8),

(b) who would, if paragraph (a) did not apply, fall within regulation 2.B.2(1B) to (1G), and

(c) to whom the Treasury’s guidance “Fair Deal for staff pensions: staff transfer from central government”(9) applies,

may, if the Secretary of State considers it appropriate and makes a direction under 7 of the Superannuation (Miscellaneous Provisions) Act 1967, be a member of this Section of the Scheme.”.

Commencement Information

I12 Sch. 2 para. 10 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation 2.B.2 E+W

11.—(1) Regulation 2.B.2 (restrictions on eligibility: general) is amended as follows.

(2) After paragraph (1), insert—

“(1A) A person who was born on, or after, 1st September 1960 is not eligible to be an active member of this Section of the Scheme in respect of service in NHS employment on, or after, 1st April 2015.

(1B) A person is not eligible to be an active member of this Section of the Scheme if that person has had a break in service ending on or after 2nd April 2012, and any of the following apply—

(a) that break in service is for any one period of five years or more;

(b) that person receives a repayment of contributions under regulation 2.C.18 in respect of their service before that break (see regulation 2.B.1(3)(a));

(c) that person becomes entitled to a repayment of contributions under regulation 2.C.18 by virtue of paragraph (2)(a) to (c) of that regulation in respect of their service before that break; or

(d) that person’s rights under this Section of the Scheme in respect of their service before that break have been extinguished under regulation 2.F.7 because a transfer value payment is made in respect of them.

(1C) A person who on 1st April 2012 has attained the age of 55 may not contribute to or accrue further pensionable service under this Section of the Scheme unless that person either—

(a) is, on 1st April 2015, an active member of this Section of the Scheme in accordance with regulation 2.B.1; or

(b) returns to NHS employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

(1D) Paragraph (1E) applies to a person—

(a) who, on 1st April 2012, has attained the age of 51 years and 7 months but has not attained the age of 55, and

(b) whose eligibility cessation date has not been reached (see paragraph (1F)).

(1E) A person referred to in paragraph (1D) may not contribute to or accrue further pensionable service under this Section of the Scheme unless that person either—

(a) is, on 1st April 2015, an active member of this Section of the Scheme in accordance with regulation 2.B.1, or

(b) returns to NHS employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

(1F) For the purposes of paragraph (1D), a person’s eligibility cessation date is to be determined according to the formula—

where—

• A is 1st April 2022

• T is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 55.

(1G) For the purposes of paragraphs (1C)(b) and (1E)(b), any break in service where the member was in pensionable service in an existing scheme (within the meaning of Schedule 5 to the 2013 Act) is to be disregarded.

(1H) Paragraph (1I) applies to a person who in the opinion of the Secretary of State—

(a) was previously an active member of a corresponding 2008 scheme,

(b) the regulations governing that corresponding scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act that provide for exceptions to subsection (1) of that section, and

(c) pursuant to those provisions, the member would have been eligible to re-join that corresponding scheme if the member had returned to NHS employment for the purposes of that scheme on the day the member commenced NHS employment within the meaning of these Regulations.

(1I) The Secretary of State may permit a person referred to in paragraph (1H) to join this Section of the Scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous pensionable employment under the corresponding scheme referred to in paragraph (1H) will be treated as if it were previous pensionable employment under this Section of the Scheme.

(1J) Paragraph (1K) applies to a person who, in the opinion of the Secretary of State—

(a) was previously an active member in respect of service in an existing scheme (within the meaning of Schedule 5 to the 2013 Act),

(b) is not receiving a pension in respect of that service on the relevant day,

(c) the regulations of that existing scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act that provide for exceptions to subsection (1) of that section,

(d) pursuant to those provisions, the person would have been eligible to be an active member of the existing scheme if the member had returned to employment for the purposes of that scheme on the relevant day, and

(e) the member would, if the member’s previous service in the existing scheme had been previous service under this Section of the Scheme, have been eligible for active membership of this Section of the Scheme on the relevant day pursuant to paragraphs (1A) to (1G).

(1K) The Secretary of State may permit a person referred to in paragraph (1J) to join this Section of the Scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous service as an active member under the existing scheme referred to in paragraph (1J) will be treated as if it were previous service as an active member of this Section of the Scheme.

(1L) For the purposes of paragraphs (1J) and (1K) “the relevant day” is the day the member commences NHS employment for the purposes of these Regulations.

(1M) A person referred to in paragraph (1C), (1E), (1I) or (1K) may elect, using a form provided by the Secretary of State, not to make contributions or accrue further service under this Section of the Scheme in accordance with whichever of those paragraphs apply, but instead (where eligible) to become an active member of the 2015 Scheme.

(1N) Such an election—

(a) is irrevocable;

(b) must be given to the Secretary of State before the date specified by the Secretary of State in the election form;

(c) is to be treated as having been given on the date the election form is received by the Secretary of State.

(1O) The date referred to in (1N)(b) must be a date that is at least three months later than the date on which the Secretary of State provided the member with an election form.

(1P) An election shall be effective from the first day of the member’s pensionable employment in the 2008 Section falling on, or after, 1st April 2015, and from that date—

(a) that member is to be treated as if that member had been an active member of the 2015 Scheme, and

(b) contributions made in respect of the member in the 2008 Section shall be treated as if they had been contributions made in respect of that member in the 2015 Scheme.

(1Q) The Secretary of State may allow a member to exercise an election after the date specified under paragraph (1N)(b) where the Secretary of State considers that the member has not had a reasonable opportunity to consider whether to exercise an election before that date.”.

Commencement Information

I13 Sch. 2 para. 11 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation 2.D.13 E+W

12.  In regulation 2.D.13 of the 2008 Regulations—

(a) in paragraphs (1) and (6), after “(2)” insert “or (2A)”;

(b) after paragraph (2), insert—

“(2A) This paragraph applies if the member is in employment with an employing authority in respect of which the member is eligible to join the 2015 Scheme and that member’s service in this Section does not qualify as, or has ceased to be, pensionable service to which paragraphs 1(2)(i) and (ii) or paragraphs 2(i) and (ii) of Schedule 7 (final salary link) to the 2013 Act applies.”;

(c) for paragraph (3), substitute—

“(3) In paragraph (1), “relevant service” means—

(a) the pensionable service referred to in paragraph (2)(b) in respect of which the member is a deferred member; or

(b) the service in this Section referred to in paragraph (2A).”.

Commencement Information

I14 Sch. 2 para. 12 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation 2.F.9 E+W

13.  For sub-paragraph (c) of paragraph (1) of regulation 2.F.9 (procedure for applications under regulation 2.F.8), substitute—

“(c) may only be made—

(i) during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of this Section of the Scheme and before the applicant reaches the age of 65; or

(ii) where the applicant is not eligible to be an active member of this Section of the Scheme and the application is made in respect of a transfer from a corresponding 2008 Scheme, during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of the 2015 Scheme if on that day paragraph 2 of Schedule 7 to the 2013 Act applies to the period of service in respect of which the transfer value payment will be made,”.

Commencement Information

I15 Sch. 2 para. 13 in force at 1.4.2015, see reg. 1(b)

Substitution of regulation 2.F.13 E+W

14.  For regulation 2.F.13 (public sector transfer arrangements), substitute—

“2.F.13    Public sector transfer arrangements

(1) This Chapter applies to a transfer where—

(a) the member is an active member of the 2015 Scheme,

(b) the member makes an application under regulation 2.F.8 for a transfer value payment in respect of some or all of the rights that have accrued to or in respect of the member under—

(i) an existing scheme listed in Schedule 5 to the 2013 Act,

(ii) an existing public body scheme listed in Schedule 10 to that Act,

(iii) another occupational pension scheme that participates in the Public Sector Transfer Club,

(c) the application under regulation 2.F.8 is made within one year beginning with the day the member became eligible to be an active member of the 2015 Scheme and before the member reaches the member’s normal pension age in the 2015 Scheme,

(d) the transfer value payment is made and accepted under the public sector transfer arrangements, and

(e) on the day the transfer is completed, paragraph 2 of Schedule 7 to the 2013 Act applies to the period of service in respect of which the transfer value payment is made.

(2) This Chapter also applies in the case of any other transfer to which the public sector transfer arrangements apply (not being a transfer referred to in paragraph (1)) as it applies in other cases, except to the extent that—

(a) any provision in this Chapter provides otherwise, or

(b) the arrangements themselves make different provision.”.

Commencement Information

I16 Sch. 2 para. 14 in force at 1.4.2015, see reg. 1(b)

New regulation 2.J.15 E+W

15.  After regulation 2.J.14 (employing authority and certain member record keeping and contribution estimates), add—

“2.J.15    Benefit information statements

(1) The Secretary of State must provide a benefit information statement to each member in accordance with—

(a) section 14 (information about benefits) of the 2013 Act, and

(b) any Treasury directions given from time to time pursuant to that section.

(2) Paragraph (1) does not provide a right for a member to request a benefit information statement.

(3) The Secretary of State is only required to provide a member with one benefit information statement per scheme year.

(4) A benefit information statement provided pursuant to paragraph (1) is to be treated as though it is the information mentioned in regulation 16(2)(a) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013(10) for the purposes of determining whether or not information must be given under regulation 16(1) of those Regulations.”.

Commencement Information

I17 Sch. 2 para. 15 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation 3.B.1 E+W

16.—(1) Regulation 3.B.1 (eligibility: general) is amended as follows.

(2) In paragraph (1)(11), after “Scheme” insert “on or after 1st April 2015”.

(3) For paragraphs (3) to (6), substitute—

“(3) Condition B is that the person—

(a) enters practitioner service on or after 1st April 2008 and has service (“relevant service”) as an active member of this Section of the Scheme—

(i) on or before 1st April 2012, or

(ii) after 1st April 2012, but only where that service is pursuant to the provisions of Chapter 3.K,

(b) has not had a break in service for any one period of five years or more ending in the period starting on 2nd April 2012 and finishing on 1st April 2015, and

(c) meets all of the “other Section conditions” (see paragraph (5)).

(4) Condition C is that the person has not reached the age of 75 and was born on, or before, 31st August 1960.

(5) The “other section conditions” are that—

(a) the person has not received a repayment of contributions under regulation 3.C.16 in respect of their relevant service;

(b) the person’s rights under this Section of the Scheme in respect of their relevant service have not been extinguished under regulation 3.F.7;

(c) the person is not entitled to a repayment of contributions under regulation 3.C.16 by virtue of paragraph (2)(a) to (c) of that regulation.”.

Commencement Information

I18 Sch. 2 para. 16 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation 3.B.2 E+W

17.—(1) Regulation 3.B.2 (restrictions on eligibility: general) is amended as follows.

(2) After paragraph (1), insert—

“(1A) A person who was born on, or after, 1st September 1960 is not eligible to be an active member of this Section of the Scheme in respect of practitioner service on, or after, 1st April 2015.

(1B) A person is not eligible to be an active member of this Section of the Scheme if that person has had a break in service ending on or after 2nd April 2012, and any of the following apply—

(a) that break in service is for any one period of five years or more;

(b) that person receives a repayment of contributions under regulation 3.C.16 in respect of their service before that break (see regulation 3.B.1(3)(a));

(c) that person becomes entitled to a repayment of contributions under regulation 3.C.16 by virtue of paragraph (2)(a) to (c) of that regulation in respect of their service before that break;

(d) that person’s rights under this Section of the Scheme in respect of their service before that break have been extinguished under regulation 3.F.7 because a transfer value payment is made in respect of them.

(1C) A person who on 1st April 2012 has attained the age of 55 may not contribute or accrue further pensionable service under this Section of the Scheme unless that person either—

(a) is, on 1st April 2015, an active member of this Section of the Scheme in accordance with regulation 3.B.1; or

(b) returns to NHS employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

(1D) Paragraph (1E) applies to a person—

(a) who, on 1st April 2012, has attained the age of 51 years and 7 months but has not attained the age of 55, and

(b) whose eligibility cessation date has not been reached (see paragraph (1F)).

(1E) A person referred to in paragraph (1D) may not contribute or accrue further pensionable service under this Section of the Scheme unless that person either—

(a) is, on 1st April 2015, an active member of this Section of the Scheme in accordance with regulation 3.B.1; or

(b) returns to NHS employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

(1F) For the purposes of paragraph (1D), a person’s eligibility cessation date is to be determined according to the formula—

where—

• A is 1st April 2022

• T is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 55.

(1G) For the purposes of paragraphs (1C)(b) and (1E)(b), any break in service where the member was in pensionable service in an existing scheme (within the meaning of Schedule 5 to the 2013 Act) is to be disregarded.

(1H) Paragraph (1I) applies to a person who in the opinion of the Secretary of State—

(a) was previously an active member of a corresponding 2008 scheme;

(b) the regulations governing that corresponding scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act that provide for exceptions to subsection (1) of that section, and

(c) pursuant to those provisions, the member would have been eligible to re-join that corresponding scheme if the member had returned to NHS employment for the purposes of that scheme on the day the member commenced NHS employment within the meaning of these Regulations.

(1I) The Secretary of State may permit a person referred to in paragraph (1H) to join this Section of the Scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous pensionable employment under the corresponding scheme referred to in paragraph (1H) will be treated as if it were previous pensionable employment under this Section of the Scheme.

(1J) Paragraph (1K) applies to a person who, in the opinion of the Secretary of State—

(a) was previously an active member in respect of service in an existing scheme (within the meaning of Schedule 5 to the 2013 Act),

(b) is not receiving a pension in respect of that service on the relevant day,

(c) the regulations of that existing scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act that provide for exceptions to subsection (1) of that section,

(d) pursuant to those provisions, the person would have been eligible to be an active member of the existing scheme if the member had returned to employment for the purposes of that scheme on the relevant day, and

(e) the member would, if the member’s previous service in the existing scheme had been previous service under this Section of the Scheme, have been eligible for active membership of this Section of the Scheme on the relevant day pursuant to paragraphs (1A) to (1G).

(1K) The Secretary of State may permit a person referred to in paragraph (1J) to join this section of the scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous service as an active member under the existing scheme referred to in paragraph (1J) will be treated as if it were previous service as an active member of this section of the scheme.

(1L) For the purposes of paragraphs (1J) and (1K) “the relevant day” is the day the member commences NHS employment for the purposes of these Regulations.

(1M) A person referred to in paragraph (1C), (1E), (1I) or (1K) may elect, using a form provided by the Secretary of State, not to make contributions or accrue further service under this Section of the Scheme in accordance with whichever of those paragraphs apply, but instead (where eligible) to become an active member of the 2015 Scheme.

(1N) Such an election—

(a) is irrevocable;

(b) must be given to the Secretary of State before the date specified by the Secretary of State in the election form;

(c) is to be treated as having been given on the date the election form is received by the Secretary of State.

(1O) The date referred to in (1N)(b) must be a date that is at least three months later than the date on which the Secretary of State provided the member with an election form.

(1P) An election shall be effective from the first day of the member’s pensionable employment in the 2008 Section falling on, or after, 1st April 2015, and from that date—

(a) that member is to be treated as if that member had been an active member of the 2015 Scheme, and

(b) contributions made in respect of the member in the 2008 Section shall be treated as if they had been contributions made in respect of that member in the 2015 Scheme.

(1Q) The Secretary of State may allow a member to exercise an election after the date specified under paragraph (1N)(b) where the Secretary of State considers that the member has not had a reasonable opportunity to consider whether to exercise an election before that date.”.

Commencement Information

I19 Sch. 2 para. 17 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation 3.D.18 E+W

18.  After regulation 3.D.18 of the 2008 Regulations, insert—

“3.D.19    Exceptions to requirement that NHS employment must have ceased

(1) A member is not prevented from becoming entitled to a pension under regulation 3.D.1 in respect of pensionable service in respect of which the member is a deferred member because of continuing in NHS employment if paragraph (2) applies.

(2) This paragraph applies if the member—

(a) is in employment with an employing authority in respect of which the member is eligible to join the 2015 Scheme; and

(b) has a break of service under the 2015 Regulations that exceeds five years.”.

Commencement Information

I20 Sch. 2 para. 18 in force at 1.4.2015, see reg. 1(b)

Amendment of regulation 3.F.9 E+W

19.  For sub-paragraph (c) of paragraph (1) of regulation 3.F.9 (procedure for applications under regulation 3.F.8), substitute—

“(c) may only be made—

(i) during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of this Section of the Scheme and before the applicant reaches the age of 65; or

(ii) where the applicant is not eligible to be an active member of this Section of the Scheme and the application is made in respect of a transfer from a corresponding 2008 Scheme during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of the 2015 Scheme if on that day paragraph 2 of Schedule 7 to the 2013 Act applies to the period of service in respect of which the transfer value payment will be made,”.

Commencement Information

I21 Sch. 2 para. 19 in force at 1.4.2015, see reg. 1(b)

Substitution of regulation 3.F.13 E+W

20.  For regulation 3.F.13 (public sector transfer arrangements), substitute—

“3.F.13    Public sector transfer arrangements

(1) This Chapter applies to a transfer where—

(a) the member is an active member of the 2015 Scheme,

(b) the member makes an application under regulation 3.F.8 for a transfer value payment in respect of some or all of the rights that have accrued to or in respect of the member under—

(i) an existing scheme listed in Schedule 5 to the 2013 Act,

(ii) an existing public body scheme listed in Schedule 10 to that Act,

(iii) another occupational pension scheme that participates in the Public Sector Transfer Club,

(c) the application under regulation 3.F.8 is made within one year beginning with the day the member became eligible to be an active member of the 2015 Scheme and before the member reaches the member’s normal pension age in the 2015 Scheme,

(d) the transfer value payment is made and accepted under the public sector transfer arrangements, and

(e) on the day the transfer is completed, paragraph 2 of Schedule 7 to the 2013 Act applies to the period of service in respect of which the transfer value payment is made.

(2) This Chapter also applies in the case of any other transfer to which the public sector transfer arrangements apply (not being a transfer referred to in paragraph (1)) as it applies in other cases, except to the extent that—

(a) any provision in this Chapter provides otherwise; or

(b) the arrangements themselves make different provision.”.

Commencement Information

I22 Sch. 2 para. 20 in force at 1.4.2015, see reg. 1(b)

New regulation 3.J.15 E+W

21.  After regulation 3.J.14 (employing authority and certain member record keeping and contribution estimates), add—

“3.J.15    Benefit information statements

(1) The Secretary of State must provide a benefit information statement to each member in accordance with—

(a) section 14 (information about benefits) of the 2013 Act, and

(b) any Treasury directions given from time to time pursuant to that section.

(2) Paragraph (1) does not provide a right for a member to request a benefit information statement.

(3) The Secretary of State is only required to provide a member with one benefit information statement per scheme year.

(4) A benefit information statement provided pursuant to sub-paragraph (1) is to be treated as though it is the information mentioned in regulation 16(2)(a) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013(12) for the purposes of determining whether or not information must be given under regulation 16(1) of those Regulations.”.

Commencement Information

I23 Sch. 2 para. 21 in force at 1.4.2015, see reg. 1(b)

(1)

Paragraph (3A) was inserted by regulation 2 of S.I. 2007/2054.

(2)

1967 (c. 28).

(3)

ISBN 978-1-909790-36-0, PU1571. Copies are available at https://www.gov.uk/government/publications/fair-deal-guidance and from The Correspondence and Enquiry Unit, HMT, 1 Horse Guards Road, London, SW1A 2HQ.

(4)

Sub-paragraph (c) was inserted by regulation 4 of S.I. 2008/2263 and amended by regulation 4 of S.I. 2010/492.

(5)

Paragraphs (8A) to (8F) were inserted by regulation 4 of S.I. 2014/570.

(6)

S.I. 2013/2734.

(7)

Paragraph 17A was inserted by S.I. 2008/654.

(8)

1967 (c. 28).

(9)

ISBN 978-1-909790-36-0, PU1571. Copies are available at https://www.gov.uk/government/publications/fair-deal-guidance and from The Correspondence and Enquiry Unit, HMT, 1 Horse Guards Road, London, SW1A 2HQ.

(10)

S.I. 2013/2734.

(11)

Paragraph (1) was amended by regulation 103 of S.I. 2009/2446.

(12)

S.I. 2013/2734.