Legalize / United Kingdom / Statutory-Instrument

The National Health Service Pension Scheme Regulations 2008

Type Statutory-Instrument

Publication 2008-03-11

Last updated 2026-03-28

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

“personal pension scheme” means a personal pension scheme which—in the case of such a scheme established on, or after, 6th April 2006 is a registered pension scheme for the purposes of the 2004 Act and which the Secretary of State agrees to recognise as a transferring scheme for the purposes of Chapter 2.F;in the case of a scheme established before that date, was—approved by the Commissioners for Her Majesty’s Revenue and Customs for the purposes of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 (personal pension schemes); andon the 6th April 2006 became a registered pension scheme for the purposes of the 2004 Act;

“PMS agreement” means an agreement for the provision of primary medical services pursuant to—section 50 arrangements,section 92 arrangements, ora transitional agreement under Part 4 of the 2004 Order;

“PMS practice” means—an individual,two or more individuals practising in partnership, ora company limited by shares,with whom, or with whose members, NHS England or Local Health Board has entered into a PMS agreement under which primary medical services are provided (otherwise than by NHS England or Local Health Board);

“practice staff” means a person who is not a registered medical practitioner, a GP registrar or a non-GP provider and who is employed by a GMS practice, a PMS practice, an APMS contractor or an OOH Provider to assist in the provision of any of the following— OOH services or services that practice or provider provides pursuant to a GMS contract, PMS agreement or an APMS contract;services pursuant to an NHS standard contract;services pursuant to an NHS standard sub-contract where the party to the NHS standard contract in question is an employing authority;clinical health care services for the NHS commissioned by an employing authority that is not a GMS practice, a PMS practice, an APMS contractor, an OOH provider or an Independent Provider;

“practitioner” means—a registered medical practitioner who—is not a GP Registrar, andis a locum practitioner, a GP provider or a GP performer, ora dentist performer; oran ophthalmic provider

“practitioner income” has the meaning given in regulation 3.A.7(2) to (8);

“practitioner service” means service as a practitioner which is pensionable under this Part;

“preservation requirements” means the requirements of Chapter 1 of Part 4 of the 1993 Act relating to the preservation of benefits under occupational pension schemes;

“public sector transfer arrangements” means arrangements approved by the Secretary of State as providing reciprocal arrangements for the payment and receipt of transfer values between this Section of the Scheme and other occupational pension schemes;

“qualifying contract” means a contract between a relevant commissioning party and an Independent Provider the primary purpose of which is the provision of clinical health care services for the NHS and which is—an NHS standard contract;an APMS contract, ora contract entered into by a local authority pursuant to its functions under the 2006 Act relating to the improvement and protection of public health and which the Secretary of State agrees to treat as a qualifying contract for the purposes of Part 2 of these Regulations ; or an NHS standard sub-contract;

“qualifying service” has the meaning given in regulation 3.A.5 (read with regulation 3.A.6);

“quarter” means a 3 month period ending on the last day of March, June, September or December;

“recent leaver” has the meaning given in regulation 3.E.6(3);

“registered” means registered under Chapter 2 of Part 4 of the 2004 Act;

“registered medical practitioner” means a fully registered medical practitioner within the meaning given in section 55 of the Medical Act 1983;

“retail prices index” has the meaning given in section 989 of the Income Tax Act 2007⁷⁶;

“the Scheme” means the National Health Service Pension Scheme for England and Wales;

“the Scheme Actuary” means the actuary appointed by the Secretary of State for the time being to provide a consulting service on actuarial matters relevant to the Scheme;

“scheme administration charge” means the charge provided for in regulation 3.C.3A.

“scheme year” means a period of one year beginning with 1st April and ending with 31st March;

“section 9(2B) rights” has the same meaning it has in the Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015;

“section 50 arrangements” has the meaning given by the 2006 (Wales) Act;

“section 64 arrangements” has the meaning given by the 2006 (Wales) Act;

“section 92 arrangements” has the meaning given by the 2006 Act;

“section 107 arrangements” has the meaning given by the 2006 Act;

“shared parental leave” has the meaning given in regulation 3(1) of the Shared Parental Leave Regulations 2014;

“specialist” means a consultant, other than a nurse consultant, or a senior hospital medical officer or senior hospital dental officer;

“State pension age” means pensionable age, as defined in section 181(1) of the 1993 Act;

“tax year” means a year of assessment for income tax purposes;

“tier 1 ill-health pension” must be read in accordance with regulation 3.D.7;

“tier 2 ill-health pension” must be read in accordance with regulation 3.D.7;

“trade dispute” has the meaning given in section 35(1) of the Jobseekers Act 1995⁷⁷;

“type 1 dental practitioner” means a dentist performer who is not a type 2 dental practitioner;

“type 1 medical practitioner” means an ophthalmic provider or a GP provider who is not a type 2 medical practitioner;

“type 1 practitioner” means a type 1 dental practitioner or a type 1 medical practitioner;

“type 2 dental practitioner” means—a foundation trainee who is employed by a GDS or PDS contractor; ora dentist performer with a contract for services with NHS England or the Local Health Board which relates to arrangements under which NHS England or the Local Health Board provides primary dental services under—... in the case of Wales, section 56(2) of the 2006 (Wales) Act; ora PDS agreement to which a PDS contractor is not a party;

“type 2 medical practitioner” means a GP performer who—is not a GP provider, and—is employed (whether under a contract of service or for services) by a GMS practice, a PMS practice, an APMS contractor, an OOH provider, ... or a Local Health Board, andin that employment is engaged wholly or mainly in assisting his employer in the discharge of the employer’s duties as a GMS practice, a PMS practice, an APMS contractor, an OOH provider, ... or a Local Health Board; oris participating in a Doctors’ Retainer Scheme;

“type 2 practitioner” means a type 2 dental practitioner or a type 2 medical practitioner;

“uprated earnings” is to be construed in accordance with regulation 3.D.1(4)(b);

“Waiting Period Joiner” has the meaning given in regulation 3.L.1.

“widow” and “widower” do not include a reference to marriage of a same sex couple;

(2) In these Regulations—

(a) “host Board”—

(i) in respect of a type 1 medical practitioner who is a partner in a partnership that has entered into a PMS agreement for the provision of primary medical services, means NHS England or each Local Health Board with whom that Provider has entered into such an agreement;

(ii) in respect of a type 1 medical practitioner who is a partner in a partnership that has entered into a GMS contract for the provision of primary medical services, means NHS England or each Local Health Board with which that partnership has entered into such an agreement;

(iii) in respect of a type 1 medical practitioner who is a partner in a partnership that is an APMS contractor which has entered into an APMS contract for the provision of primary medical services, means NHS England or each Local Health Board with which that partnership has entered into such a contract;

(iv) in respect of a type 1 medical practitioner who isa shareholder in a company limited by shares that is a GMS practice or a PMS practice or an APMS contractor which has entered into a GMS contract, PMS agreement or APMS contract for the provision of primary medical services, means NHS England or each Local Health Board with which that company has entered into such an agreement or contract;

(v) in respect of a type 1 medical practitioner who is an individual who is a GMS practice or a PMS practice or an APMS contractor, means NHS England or each Local Health Board with which that practice or contractor has entered into an agreement or contract as such a practice or contractor;

(vi) in respect of a GDS or a PDS contractor who is a dentist performer, means NHS England or each Local Health Board with whom the dentist performer performs primary dental services under—

(aa) a GDS contract;

(bb) a PDS agreement (whether or not a PDS contractor is a party to that agreement);

(cc) a contract for services with NHS England or each Local Health Board which relates to arrangements under which it provides primary dental services under section 99(2) of the 2006 Act (in the case of England) or section 56(2) of the “2006 (Wales) Act (in the case of Wales);

(b) a person referred to in paragraphs (i) to (v) of sub-paragraph (a) is deemed to be employed by the Local Health Board or NHS England, as appropriate, except where—

(i) regulation 3.C.5(5) or (6) applies, or

(ii) contributions payable pursuant to regulation 3.C.3 by an employing authority in respect of a GP Provider: in such a case those contributions and any scheme administration charge under regulation 3.C.3A and any supplementary charge or interest under regulation 3.J.9A which attaches to them, are not payable by NHS England or a relevant Local Health Board but are payable by that GP Provider or the practice where they are a GP Provider;

(c) a person referred to in paragraph (vi) of sub-paragraph (a) is deemed to be employed by the Local Health Board or NHS England, as appropriate.

Interpretation: further provisions

3.A.2

(1) In determining whether a person who is an active member or a pensioner member of this Section of the Scheme is also a deferred member of it, the fact that the person is an active member or a pensioner member and the person’s rights as such are to be disregarded.

(2) In determining whether a person is a pensioner member of this Section of the Scheme, the fact that the person is not entitled to payment of pension because of Chapter 3.H is to be disregarded.

Meaning of “pensionable service”

3.A.3

(1) In this Part, references to a member’s pensionable service, are references to the aggregate of the following periods–

(a) any period of service in respect of which the member contributes to this Section of the scheme under regulation 3.C.1 (contributions by members),

(b) any period of absence from service which counts as pensionable service under regulation 3.A.4,

(c) any period of service credited to the member as pensionable service under Chapter 3.F (transfers from other pension arrangements) ; and

(d) any period of pensionable service the member is entitled to count under Chapter 3.K.

This is subject to paragraph (2)

(2) A member’s pensionable service does not include—

(a) any period of service in respect of which the Secretary of State has paid contributions to another occupational pension scheme in respect of the member,

(b) in the case of a pensioner member or deferred member, any period taken into account—

(i) in determining the member’s entitlement to the pension in payment or, as the case may be, the deferred pension, or

(ii) in calculating the amount of that pension,

but, in the case of a pensioner member or deferred member entitled to a pension under regulation 3.D.5 (partial retirement) subject to paragraph (7) of this regulation;

(i) by the payment of a contributions equivalent premium under section 55 of the 1993 Act or article 3 of the 2016 Order,

(ii) under regulation 3.C.16 (repayment of contributions), or

(iii) by the payment of a transfer value payment on transfer out under Chapter 3.F (transfers); or

(d) subject to paragraph (3), any period of service which would result in the aggregate mentioned in paragraph (1) exceeding 45 years.

(3) A member’s pensionable service must not exceed 45 years unless—

(a) the member gives notice in writing to the Secretary of State and the member’s employing authority of an intention to remain in pensionable service beyond 45 years; and

(b) that notice is received by the Secretary of State and the member’s employing authority—

(i) not earlier than three months before the member reaches 45 years pensionable service, and

(ii) by the end of the pay period during which the member reaches the 45 year limit.

(4) If the notice required by paragraph (3) has been properly received and the member has pensionable service in excess of 45 years—

(a) benefits under this Part shall be calculated by reference to a maximum of 45 years of pensionable service; and

(b) the Secretary of State shall select the years by reference to which the benefits are to be calculated, selecting the years which produce the most favourable result to the member.

(5) For the purposes of paragraph (4)(b), in order to calculate the length of a member’s pensionable service, all periods of pensionable service will be added together and each resulting period of 365 days (disregarding pensionable service on 29 February in a leap year) will be treated as one year.

(6) If, when the employment in which a person is an active member ceases, a payment is made in respect of untaken leave, for the purpose of this Part—

(a) the member’s pensionable service is treated as continuing for a period equal to the period of leave in respect of which payment is made, and

(b) the payment is treated as the member’s pensionable earnings for that period.

(7) In the case of a pensioner member or deferred member entitled to a pension under regulation 3.D.5 (partial retirement), paragraph (2)(b) only applies to so much of the member’s pensionable service as is mentioned in regulation 3.D.5(8)(a) (the specified percentage of the pensionable service as respects which the member is an active member on the option day).

(8) References in this Part to any period expressed in days are references to the period in question ignoring 29 February, expressed in days.

(9) Where a member is also a member of the 1995 Section, any reference in this Part to “45 years” shall be taken to be a reference to a shorter period determined by the formula—

$SP=45years−LPS$

where—

SP is the shorter period, measured in years and days, and

LPS is the length of pensionable service (within the meaning of the 1995 Regulations), measured in years and days, giving rise to membership of the 1995 Section and, in the case of a member of that Scheme who has become entitled to a pension (including a preserved pension) under that Scheme, including any period that was taken into account for the purpose of determining whether the member was entitled to that pension, or for the purpose of calculating the amount of that pension.

Pensionable service: breaks in service

3.A.4

(1) This regulation applies to members who are absent from work because of—

(a) illness or injury,

(b) maternity leave,

(d) paternity leave, ...

(e) parental leave or shared parental leave , or

(f) parental bereavement leave.

(2) A period of absence to which this regulation applies will count as pensionable service for so long as the member contributes to this Section of the Scheme under regulation 3.C.1 in respect of the period of absence.

(3) If a member is on leave of absence but does not fall within paragraph (1)(a) to (f), and contributes to this Section of the Scheme under regulation 3.C.1 by contributions made at the same intervals as those made by the member before the absence, the maximum period of such leave that can be counted as pensionable service under this paragraph is—

(a) where the member contributes for a continuous period of 6 months commencing with the first day of the member’s leave of absence, 6 months, and

(b) where the member contributes for a continuous period of less than 6 months commencing with the first day of the member’s leave of absence, the period in respect of which the member pays those contributions.

(3A) If, having paid contributions for the period mentioned in paragraph (3)(a) a member remains on a leave of absence that does not fall within paragraph (1)(a) to (f) and contributes to this Section of the Scheme both member contributions under regulation 3.C.1 and employer contributions under regulation 3.C.3 by contributions made at the same intervals as those made by the member before the absence, the maximum period of such leave that can be counted as pensionable service under this paragraph is—

(a) where the member contributes for a continuous period of 18 months commencing immediately after the expiry of the period mentioned in paragraph (3)(a), 18 months, and

(b) where the member contributes for a continuous period of less than 18 months commencing immediately after the expiry of the period mentioned in paragraph (3)(a), the period in respect of which the member pays those contributions.

(4) This paragraph applies if a person—

(a) ceased to be an active member because of—

(i) ceasing to be employed in an employment in which the person is eligible to be such a member, or

(ii) exercising the option under regulation 3.B.5 (opting out of this Section of the Scheme), and

(b) less than 12 months after the date on which the person ceased to be an active member becomes such a member again.

(5) If paragraph (4) applies, the person’s pensionable service before the person ceased to be an active member and after the person became such a member again is treated as a single continuous period of pensionable service, unless paragraph (6) applies.

(6) This paragraph applies if—

(a) the person does not become a deferred member in respect of the pensionable service before the break in which the person was an active member,

(b) the person has received a repayment of contributions under regulation 3.C.16 in respect of that service (but see paragraph (8)), or

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

(7) In the case of a member who leaves pensionable service whilst the person is absent from work because of—

(a) illness or injury,

(b) maternity leave,

(d) paternity leave, ...

(e) parental leave or shared parental leave , or

(f) parental bereavement leave.

this regulation applies as if the reference to 12 months in paragraph (4)(b) were a reference to 3 years.

(8) Paragraph (6)(b) does not apply if the person repays to the Secretary of State any contributions repaid to the person as mentioned in that paragraph, together with any interest paid to the person on those contributions, before the expiry of the period of 6 months beginning with the date on which the person becomes an active member again.

(9) For the regulations where paragraph (5) applies because the person has become a deferred member in respect of the service in which the person was an active member and becomes an active member again, see Chapter 3.G (re-employment and rejoining this Section of the Scheme).

Qualifying service

Meaning of “qualifying service”

3.A.5

(1) In this Part, references to a member’s qualifying service, are references to the aggregate of the following periods–

(a) the member’s pensionable service under this Part other than such pensionable service as is referred to in regulation 3.A.3(1)(c) (transferred-in service);

(b) in the case of a person in respect of whom a transfer value in respect of his rights under another pension arrangement (including the 1995 Section) has been accepted under Chapter 3.F (transfers), a period equal to the person’s period as an active member in any occupational pension scheme in respect of which the rights accrued;

(d) where the member ceased to be an active member under Part 2 not more than 12 months before becoming a member under this Part, any period of qualifying service under Part 2;

(e) in the case of a person—

(i) who is eligible to join this Section of the Scheme by virtue of regulation 3.B.1(5)(c), and

(ii) for whom the interval between leaving the NHS Pension Scheme 1995 and joining this Section of the Scheme is less than one month,

a period equal to the period of qualifying service (within the meaning of the 1995 Regulations), measured in years and days, that the member was entitled to count under regulation C3 of the 1995 Regulations when the member left that scheme ; ...

(f) in the case of a 2008 Section Optant, any period of qualifying service the member is entitled to count under Chapter 3.K.

(g) in the case of a Waiting Period Joiner referred to in regulation 3.L.1, a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section; ...

(h) in the case of a person who—

(i) ceased to be an active member of the 1995 Section on leaving NHS employment,

(ii) became a deferred member of that Section on leaving that employment and has not since become a pensioner member of that Section between the date of leaving that employment and joining this Section of the Scheme, and

(iii) became an active member of this Section of the scheme during the period beginning with 1st October 2008 and ending with 31 March 2015 and five years or more since last leaving NHS employment,

a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section,

(i) in the case of a person who—

(i) was a deferred member of the 1995 Section who gave notice for the purposes of paragraph (1) or (1A) of regulation B4 of the 1995 Regulations (opting out of the Scheme),

(ii) as a result of that notice was treated as ceasing to be an active member of that Section,

(iii) pursuant to that notice remains opted out of that Section for five years or more, and

(iv) became an active member of this Section of the Scheme during the period beginning with 1st October 2008 and ending with 31st March 2015,

a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section, and

(j) in the case of a person who—

(i) was a deferred member of the 1995 Section who gave notice for the purposes of paragraph (1) or (1A) of regulation B4 of the 1995 Regulations and following that notice, ceased to be an active member of that Section for any one period of five years or more comprising the aggregate of—

(aa) any period during which the person left NHS employment, and

(bb) any period during which the person was treated as never having been an active member of that Section in accordance with paragraph (3) of regulation B4 of those Regulations in respect of one or more later periods of NHS employment entered into after having given the notice for the purposes of paragraph (1) or (1A) of that regulation, and

(ii) became an active member of this Section of the Scheme during the period beginning with 1st October 2008 and ending with 31st March 2015,

a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section.

(2) Paragraph (3) applies if the member is a locum practitioner who—

(a) ceases to be engaged as such a practitioner and so ceases to be treated as being in pensionable service; and

(b) is re-engaged as a locum practitioner before the expiry of a period not exceeding three months from the date of such cessation.

(3) Where this paragraph applies—

(a) a locum practitioner is treated as continuing to be in qualifying service during the period of non-engagement as such a practitioner and is not required to re-join this Section of the Scheme on being re-engaged as a locum practitioner; and

(b) that period does not count as practitioner service.

(4) For the other rules applying where there is a short break in service, see regulation 3.A.6.

Qualifying service: disregard of breaks in service

3.A.6

(1) This regulation applies for the purpose of calculating the qualifying service of a member whose pensionable service ceases for an interval (other than in circumstances where regulation 3.A.5(3) applies).

(2) If the interval—

(a) does not exceed one month, or

(b) is due to a trade dispute,

the member’s qualifying service before and after the interval is treated as continuous for the purpose of calculating the member’s qualifying service after the interval (but the period of the interval is ignored).

(3) For the purposes of paragraph (2) it does not matter if the member’s pensionable service before the interval is treated separately from that after the interval for the purpose of calculating the member’s benefits.

(4) If—

(a) a person who is an active member ceases to be employed in the employment that qualifies the person to belong to this Section of the Scheme and becomes a deferred member, but not a pensioner member, in respect of the service in that employment, and

(b) after a period not exceeding 12 months the person becomes employed again in such an employment and becomes an active member again in that employment,

qualifying service in the earlier employment is treated as a single continuous period of qualifying service with that in the later employment.

(5) If—

(a) a person who is an active member in an employment opts to cease to be such a member whilst continuing to be employed in the employment and becomes a deferred member, but not a pensioner member, in respect of that service, and

(b) after a period not exceeding 12 months the person becomes such an active member again in that employment,

qualifying service in the earlier period of active membership is treated as a single period of qualifying service with that in the later period of such membership.

(6) Where—

(a) the person has received a repayment of contributions under regulation 3.C.16 in respect of the earlier period , paragraphs (4) and (5) do not apply (but see paragraph (7)); or

(b) the person’s rights under this Section of the Scheme in respect of that period have been extinguished under regulation 3.F.7 because a transfer value payment has been made , paragraphs (2), (4) and (5) do not apply.

(7) Paragraph (6)(a) does not apply if the person repays to the Secretary of State any contributions repaid to the person as mentioned in that paragraph together with any interest on those contributions, before the expiry of the period of 6 months beginning with the date on which the member becomes a member again.

(8) If—

(a) a member is a deferred member or pensioner member in respect of the period of pensionable service before pensionable service ceases for an interval, and

(b) the periods of pensionable service before and after pensionable service ceases for an interval are not treated as a single period of continuous service under regulation 3.A.4(5) or regulation 3.G.3(2)(a),

the period of pensionable service in respect of which the member is a deferred member or a pensioner member is treated as qualifying service in relation to the period after the interval.

Pensionable earnings

Meaning of “pensionable earnings”

3.A.7

(1) In the case of either a type 1 practitioner who is not in receipt of any salary, wages, fees or any other regular payment in respect of his employment by virtue of the application of these Regulations to him as if he were such an officer under Part 2, pensionable earnings means—

(a) in the case of a type 1 medical practitioner, practitioner income less—

(i) any sum on account of practice expenses (for these purposes, C3 contributions payable under regulation 3.C.5(5) or (6) are neither practitioner income nor practice expenses); and

(ii) any payment or allowance made pursuant to the New to Partnership Payment Scheme; and

(b) in the case of a type 1 dental practitioner, practitioner income (taking into account any relevant pensionable earnings ceiling).

(2) Subject to paragraph (3), for the purposes of this regulation, the practitioner income of a type 1 medical practitioner means—

(a) income that accrues to the type 1 medical practitioner which is derived from—

(i) a GMS contract;

(ii) a PMS agreement;

(iii) an APMS contract;

(iv) payments from, or to, a practitioner who is a GMS practice, a PMS practice or an APMS contractor in respect of the performance of certification services, commissioned services or collaborative services;

(v) his engagement by NHS England or a Local Health Board to assist in the provision of primary medical services under—

(aa) in the case of England, section 83(2) of the 2006 Act; or

(bb) in the case of Wales, section 41(2)(a) of the 2006 (Wales) Act;

(vi) in the case of a type 1 medical practitioner, the provision of locum services;

(vii) payments made to a type 1 medical practitioner by an OOH provider or other employing authority providing OOH services in respect of the performance of primary medical services, commissioned services, collaborative services , NHS 111 services and certification services;

(viii) payments made to a type 1 medical practitioner by an employing authority in respect of primary dental services, general ophthalmic services or pharmaceutical services provided by the practitioner;

(ix) practice-based work carried out in educating or training, or organising the education or training of, GP Registrars or practitioners.

(b) any charges collected from patients in respect of the services mentioned in sub-paragraph (a) which the type 1 medical practitioner is authorised by or under any enactment to retain, other than charges authorised by regulations made under—

(i) in the case of England, section 185(1) of the 2006 Act; or

(ii) in the case of Wales, section 133(1) of the 2006 (Wales) Act; and

(d) in the case of a type 1 medical practitioner, allowances and any other sums (but excluding payments made to cover expenses) paid in respect of Board and advisory work.

(e) any sums paid by an employing authority or a local authority in respect of health-related functions exercised under section 75 of the 2006 Act.

(f) any sums paid in respect of the provision of primary medical services where such a person has been engaged by an integrated care board to assist in the provision of such services;

(g) any sums paid in respect of the provision of services under an NHS standard contract or an NHS standard sub-contract where the party to the NHS standard contract in question is an employing authority;

(h) any sums paid in respect of a contract entered into by a local authority pursuant to its functions under the 2006 Act relating to the improvement and protection of public health and which the Secretary of State agrees to treat as a qualifying contract for these purposes.

(3) Subject to paragraphs (4), (6) and (8), for the purposes of this paragraph, the practitioner income of a type 1 dental practitioner means income that accrues to the practitioner which is derived from a GDS contract or a PDS agreement and—

(a) includes charges collected from patients which are required, by virtue of directions given under, in the case of England, sections 94, 103 or 109 of the 2006 Act or in the case of Wales, sections 52, 60 or 66 of the 2006 (Wales) Act, to be set off against payments under the contract or agreement;

(b) but does not include—

(i) charges collected from patients which are not required, by virtue of such directions, to be so set off,

(ii) income received by a practitioner to whom regulation 3.B.2 (restrictions on eligibility: general), regulation 3.B.5 (opting out of this section of the scheme) or regulation 3.B.6 (restriction on further participation in this section of the scheme) applies, or

(iii) income received on or after 7th November 2011 by a practitioner in respect of the performance of services under a GDS contract or a PDS agreement to which the practitioner’s employer is not a party.

(4) For each GDS contract or PDS agreement from which practitioner income is derived, the maximum amount of practitioner income which may be derived from that contract in any financial year is, subject to paragraph (5), the value of that contract in that financial year less the value of following payments (if payable in that financial year by NHS England or Local Health Board that is a party to the contract or agreement)—

(a) monthly seniority payments;

(b) maternity leave, paternity leave, parental leave , shared parental leave , parental bereavement leave or adoption leave payments;

(d) reimbursement of the salary of a foundation trainee;

(e) reimbursement of the national insurance contributions of a foundation trainee;

(f) reimbursement of non-domestic rates;

then multiplied by a percentage to be determined by the Secretary of State, which produces the amount referred to in this Part as the pensionable earnings ceiling.

(5) Income which accrues to a type 1 dental practitioner that is derived from the following payments under a GDS contract or PDS agreement is practitioner income for the purposes of this regulation (that is, it is pensionable earnings, notwithstanding that it is not included in the calculation of the pensionable earnings ceiling for a particular GDS contract or PDS agreement)—

(a) monthly seniority payments;

(b) maternity leave, paternity leave , shared parental leave , parental bereavement leave, parental leave or adoption leave payments;

(6) The following payments under a GDS contract or PDS agreement are not to be considered practitioner income for the purposes of this regulation—

(a) reimbursement of the salary of a foundation trainee;

(b) reimbursement of the national insurance contributions of a foundation trainee, and

(7) For the avoidance of doubt, income which accrues to a type 1 dental practitioner while engaged as a type 2 practitioner is practitioner income of that type 1 dental practitioner, but unaffected by any pensionable earnings ceiling.

(8) If a practitioner is in concurrent employment as an officer, or with a local authority or university, or as a civil servant, or in any other employment that the Secretary of State may in any particular case allow, practitioner income does not include any amounts for which the practitioner is required to account to the employer as a term or condition of that employment.

(9) In paragraph (2)(a), locum services shall have the meaning given by regulation 3.A.13(4).

(10) The pensionable earnings of a type 1 practitioner include the amount of any pensionable earnings the practitioner is entitled to count under Chapter 3.K.

Pensionable earnings—breaks in service

3.A.8

(1) This regulation applies to members who are absent from work because of—

(a) illness or injury,

(b) maternity leave,

(d) paternity leave, ...

(e) parental leave or shared parental leave , or

(f) parental bereavement leave.

(2) If the earnings used to calculate a member’s pensionable earnings are reduced during a period of absence to which this regulation applies—

(a) for the purpose of calculating the member’s contributions to this Section of the scheme under regulations 3.C.1 and 3.C.2, pensionable earnings for the period of absence will be calculated on the basis of the member’s reduced earnings; and

(b) for all other purposes, the member’s pensionable earnings for the period of absence will be calculated in accordance with paragraph (3)(a) or (b).

(3) In the case of a member who—

(a) is one of a number of practitioners or non-GP providers who have elected as described in regulation 3.A.9(2), each practitioner’s or non-GP provider’s pensionable earnings will be calculated as if the partnership’s aggregate pensionable earnings were equal to the amount of the partnership’s aggregate pensionable earnings during the 12 month period ending immediately before the member’s earnings were reduced or ceased, and

(b) (except where the member’s pensionable earnings fall to be calculated as described in sub-paragraph (a)), that member will be treated as having continued to receive the same average rate of pensionable earnings as during the 12 month period ending immediately before his earnings were reduced or ceased.

(4) If the earnings used to calculate a member’s pensionable pay cease during a period of absence to which this regulation applies—

(a) a practitioner falling within paragraph (1)(a) will, subject to sub-paragraph (b), be treated as having continued in pensionable employment for a period of 12 months from the date on which the member’s earnings ceased and the member will not be treated as having left pensionable employment until the end of that 12 month period;

(b) a member falling within paragraph 1(b) to (f) of this regulation who paid contributions on the basis of reduced earnings in accordance with paragraph (3)(a) will, subject to paragraph (6), continue to pay contributions at that rate, except that no refund of contributions or other benefit will be payable until the member actually leaves pensionable employment.

(5) For the purposes of paragraph (4)(a)—

(a) during the 12 month period, the member’s pensionable earnings will be calculated as described in paragraph (3)(a) or (b);

(b) at the end of the 12 month period, when the member is regarded as having left pensionable employment, no refund of contributions or other benefit will be payable until the member actually leaves employment.

(6) For the purposes of paragraph (4)(b), the rate of contributions payable shall be the rate that would have been payable on the basis of reduced earnings in accordance with paragraph (2)(a) had the member’s reduced earnings excluded any earnings for a day during which the member, whilst on maternity leave, returned to work for the purposes of keeping in touch with the workplace.

(7) If a member fails to pay any contributions which are required to be paid to this Section of the scheme in respect of a period of absence to which this regulation applies, the member will be treated as having left pensionable employment except that no refund of contributions or other benefit shall be payable unless the member actually leaves pensionable employment.

(8) If a member to whom this regulation applies leaves pensionable employment or, by virtue of paragraph (5)(b) or (7), is treated as having left pensionable employment, without becoming entitled to a preserved pension, then if the member later returns to pensionable employment regulation 3.A.6(4)(b) will apply as if the reference to 12 months was a reference to 3 years.

(9) The benefits payable on the death of a member whose earnings ceased during a period of absence to which this regulation applies will be calculated as if the member had died in pensionable employment on the day before his earnings ceased.

(10) For the purposes of making contributions to this Section of the Scheme under regulations 3.C.1 and 3.C.3, during any period of absence which counts as pensionable service under regulation 3.A.4(3) or (3A), amounts equal to the rate of the member’s pensionable earnings calculated as described in paragraph (3)(a) or (b) of this regulation will be treated as pensionable earnings.

(11) Before a calculation of a member’s pensionable earnings can be made in accordance with paragraph (3), written notice of the length of the period of absence to which this regulation applies must be given to the Secretary of State by—

(a) the member, where the member is a type 1 practitioner or a non-GP provider; or

(b) in all other cases, NHS England or relevant Local Health Board.

(12) The notice referred to in paragraph (11) must be provided to the Secretary of State in such form and manner as the Secretary of State may stipulate from time to time.

Calculating pensionable earnings of medical practitioners in partnership

3.A.9

(1) In the case of type 1 medical practitioners practising in partnership (with or without a non-GP provider who is a partner in a partnership), the pensionable earnings of each type 1 medical practitioner and non-GP provider who is a partner in a partnership shall be calculated by aggregating the pensionable earnings of each (including for this purpose, any amount that would constitute pensionable earnings in the case of any of them who are not included in the Scheme) and, subject to paragraph (2), dividing the total equally by reference to the number of such partners.

(2) If the type 1 medical practitioners and any non-GP providers who are partners in a partnership do not share equally in the partnership profits, they may elect that each partner’s pensionable earnings shall correspond to each partner’s share of the partnership profits.

(3) If a type 1 medical practitioner practising in partnership also has earnings in respect of NHS employment otherwise than as a practitioner (under Part 2), the partners may elect that the pensionable earnings of that practitioner, as determined in accordance with paragraph (1) or (2), shall be reduced by the amount of those earnings and the pensionable earnings of each of them (including that practitioner) be then increased in proportion to their respective shares of the partnership profits.

(4) The calculations described in paragraphs (2) and (3) will be made by NHS England or the Local Health Board ... to which the partners are required to give notice of their election in accordance with regulation 3.A.10(1).

Elections relating to calculation of pensionable earnings in medical partnerships

3.A.10

(1) Type 1 medical practitioners who are partners in any partnership must exercise the elections described in regulation 3.A.9(2) and (3) by giving notice in writing to their host ... Board in accordance with this regulation.

(2) The notice must be signed by all the type 1 medical practitioners and any non-GP providers in the partnership and must state as a fraction each practitioner’s and non-GP provider’s share in the partnership profits.

(3) In the case of medical practitioners, the notice must state the name of every ... host Board on whose list the name of any practitioner in the partnership is included.

(4) A notice given under this regulation—

(a) will take effect—

(i) from the date agreed between the practitioners and any non-GP providers and the ... host Board concerned; or

(ii) if no agreement is reached, a date decided by the Secretary of State;

(b) will continue in effect until cancelled or amended by a subsequent notice in writing signed by all the practitioners and any non-GP providers in the partnership;

Restriction on pensionable earnings used for calculating benefits in respect of capped transferred-in service

3.A.11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Distribution of pensionable earnings between type 1 dental practitioners employed or engaged by the same GDS or PDS contractor

3.A.12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of pensionable earnings in relation to other practitioners

3.A.13

(1) In the case of a type 2 medical practitioner, pensionable earnings means—

(a) all salary, wages, fees and other regular payments paid to the practitioner by an employing authority in respect of the performance of essential services, additional services, enhanced services, dispensing services, OOH services, commissioned services, certification services, collaborative services, general dental services , NHS 111 services or pharmaceutical services;

(b) allowances and other sums (but excluding payments made to cover expenses) paid by an employing authority in respect of Board and advisory work;

(c) earnings from practice-based work carried out in educating or training, or organising the education or training of, GP Registrars or practitioners,

(d) any sums paid by an employing authority or a local authority in respect of health-related functions exercised under section 75 of the 2006 Act,

(e) practice based income paid by an employing authority in respect of the provision of services under an NHS standard contract or NHS standard sub-contract where the party to the NHS standard contract in question is an employing authority;

(f) income paid in respect of a contract entered into by a local authority pursuant to its functions under the 2006 Act relating to the improvement and protection of public health and which the Secretary of State agrees to treat as a qualifying contract for these purposes.

but does not include bonuses or payments made to cover expenses ....

(2) In the case of a type 2 dental practitioner, pensionable earnings means all salary, wages, fees and other regular payments paid to the practitioner—

(a) in the case of a foundation trainee, under his contract of employment with a GDS or PDS contractor; or

(b) in all other cases, by an employing authority in respect of the performance of primary dental services,

but does not include bonuses or payments made to cover expenses ....

(3) In the case of a locum practitioner, pensionable earnings means all fees and other payments made to the locum practitioner in respect of the provision of locum services (but excluding payments made to cover expenses or for overtime), less such expenses as are deductible in accordance with guidance laid down by the Secretary of State.

(4) In this regulation, references to the provision of locum services, in relation to a practitioner, are to primary medical services, commissioned services, collaborative services , health-related functions exercised under section 75 of the 2006 Act pursuant to a contract with an employing authority or a local authority, pharmaceutical services , services provided by a practitioner pursuant to an NHS standard contract or an NHS standard sub-contract where the party to the NHS Standard contract in question is an employing authority or NHS 111 services performed by a practitioner engaged by an employing authority under a contract for services to deputise for a registered medical practitioner or to temporarily assist in the provision of such services.

(5) The pensionable earnings of a type 2 practitioner or a locum practitioner include the amount of any pensionable earnings the practitioner is entitled to count under Chapter 3.K.

Exclusions and deductions from pensionable earnings—all practitioners

3.A.14

Any sum that is withheld or otherwise recovered from a practitioner under the National Health Service (Service Committees and Tribunal) Regulations 1992⁷⁸ will be excluded or deducted from the practitioner’s pensionable earnings in such manner and to such extent as the Secretary of State may approve.

Limit on pensionable earnings—dentist performers carrying on deceased person’s business

3.A.15

In the case of a dentist performer employed by persons carrying on a deceased practitioner’s dentistry business, pensionable earnings cannot exceed the total of the amount paid to him by those persons, plus any amounts paid to him by a ... Local Health Board , NHS England or the Dental Practice Division of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG)⁷⁹ that those persons allow him to retain.

Out of hours providers

3.A.16

(1) For the purposes of these Regulations, an OOH provider is—

(a) a company limited by guarantee (which is not otherwise an employing authority)—

(i) in which all the members of the company are registered medical practitioners, APMS contractors, GMS practices or PMS practices, and the majority of those members are—

(aa) APMS contractors, GMS practices or PMS practices whose APMS contracts, GMS contracts or PMS agreements require them to provide OOH services; or

(bb) registered medical practitioners who are partners or shareholders in an APMS contractor, a GMS practice or a PMS practice which is a partnership or a company limited by shares and which is required to provide OOH services under its GMS contract, PMS agreement or APMS contract,

(ii) which has a contract with an integrated care board, NHS England, a Local Health Board, an APMS contractor or a GMS or PMS practice for the provision of OOH services, and

(iii) in respect of which an integrated care board, NHS England or Local Health Board appointed by the Secretary of State or the Welsh Ministers to act on his or its behalf—

(aa) is satisfied that the provision of OOH services by the company is wholly or mainly a mutual trading activity;

(bb) is satisfied that the company has met all the conditions for being an OOH provider in this regulation; and

(cc) has, pursuant to a written application made by the company to it for that purpose, approved the company as an employing authority; or

(b) some other body corporate (which is not otherwise an employing authority) which—

(i) operates in the interests of those who are the recipients of the primary medical services it provides or of the general public;

(ii) operates on a not-for-profit basis;

(iii) is not an associated company in relation to another person;

(iv) has memorandum or articles or rules that—

(aa) prohibit the payment of dividends to its members; and

(bb) require its profits (if any) or other income to be applied to promoting its objects, and

(cc) require all the assets which would otherwise be available to its members generally to be transferred on its winding up either to another body which operates on a not-for-profit basis and whose purpose is to provide health or social care for the benefit of the community or to another body the objects of which are the promotion of charity and anything incidental or conducive thereto,

(v) has at least one member who is—

(aa) an APMS contractor, a GMS practice or a PMS practice; or

(bb) a partner in a partnership that is an APMS contractor, a GMS practice or a PMS practice; or

(cc) a shareholder in a company limited by shares that is an APMS contractor, a GMS practice or a PMS practice,

(vi) has a contract with an integrated care board, NHS England or Local Health Board, an APMS contractor, a GMS practice or a PMS practice, for the provision of OOH services, and

(vii) is approved as an employing authority by an integrated care board, NHS England or Local Health Board appointed by the Secretary of State to act on his behalf—

(aa) pursuant to a written application made by the body to it for that purpose; and

(bb) that integrated care board or NHS England or that Local Health Board being satisfied that the body has met all the conditions for being an OOH provider in this regulation.

(2) For the purposes of paragraph (1)(b)(iii)—

(a) a body corporate is to be treated as another person’s associated company if that person has control of it, except if that person is an employing authority; and

(b) a person shall be taken to have control of a body corporate if he exercises, or is able to exercise, or is entitled to acquire, direct or indirect, control over its affairs.

(3) A company limited by guarantee or other body corporate which provides or is to provide OOH services and which wishes to be approved as an employing authority must make a written application to an integrated care board, NHS England or Local Health Board appointed by the Secretary of State to act on the Secretary of State’s behalf (“the appointed NHS body”).

(4) An application referred to in paragraph (3) may specify the date from which approval by the appointed NHS body (if given) shall have effect (“the nominated date”).

(5) If a company limited by guarantee or other body corporate makes an application and—

(a) the appointed NHS body is satisfied that the company or other body corporate meets the conditions for approval or will do so at any nominated date which is later than the approval date; and

(b) it approves that application,

that approval shall take effect on the later of the nominated date and the approval date.

(6) If paragraph (5) applies, NHS employment shall be treated as commencing on the later of the nominated date (if any) and the approval date.

(7) For the purposes of this regulation the conditions for approval are those referred to in paragraph (1)(a) or (b) as the case may be.

(8) The appointed NHS body may give an OOH provider a notice in writing terminating its participation in this Section of the Scheme where that provider—

(a) does not have in force a guarantee, indemnity or bond as required by the Secretary of State in accordance with regulation 3.C.4;

(b) has ceased to satisfy the conditions for approval;

(i) a proposal for a voluntary arrangement has been made or approved under Part I of the Insolvency Act 1986⁸⁰ (“the 1986 Act”); or

(ii) an administration application has been made, or a notice of intention to appoint an administrator has been filed with the court, or an administrator has been appointed under Schedule B1 to the 1986 Act; or

(iii) a receiver, manager, or administrative receiver has been appointed under Part III of the 1986 Act; or

(iv) a winding-up petition has been presented, a winding-up order has been made or a resolution for voluntary winding-up has been passed under Part IV or Part V of the 1986 Act or an instrument of dissolution has been drawn up in accordance with section 58 of the Industrial and Provident Societies Act 1965⁸¹; or

(v) notice has been received by it that it may be struck off the register of companies, or an application to strike it off has been made, under Part XX of the Companies Act 1985⁸².

(9) An OOH provider—

(a) must give the appointed NHS body notice in writing upon the occurrence of any of the events referred to in paragraph (8)(c) and must give such notice on the same day as that event;

(b) that wishes to cease to participate in this Section of the Scheme must give the appointed NHS body and its employees not less than 3 months notice in writing (to commence with the date of the notice) of that fact.

(10) An OOH provider must cease to participate in this Section of the scheme on—

(a) such date as the appointed NHS body may specify in a notice under paragraph (8);

(b) the day upon which the period referred to in paragraph (9)(b) expires if a notice under that provision has been given.

CHAPTER 3.B — MEMBERSHIP

Eligibility: general

3.B.1

(1) A person is eligible to be an active member of this Section of the Scheme on or after 1st April 2015 if conditions A to C are met and the person is not prevented by regulation 3.B.2, 3.B.3 or 3.B.6.

(2) Condition A is that the person is in practitioner service.

(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) ... 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

(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.

Restrictions on eligibility: general

3.B.2

(A1) A person is not eligible to be an active member of this Section of the Scheme in respect of practitioner service after 31st March 2022.

(A2) Paragraphs (1) to (7) of this regulation apply in respect of practitioner service before 1st April 2022.

(A3) Nothing in paragraphs (1A) and (1C) to (1L) of this regulation prevents a member’s remediable service within the meaning of section 1 of the Public Service Pensions and Judicial Offices Act 2022 being treated as pensionable service under this Section of the Scheme in accordance with section 2 of that Act (remediable service treated as pensionable under Chapter 1 legacy schemes).

(1) A person is not eligible to be an active member of this Section of the Scheme if the person—

(a) became a pensioner member of the 1995 Section or a corresponding 1995 scheme on, or before, 1st April 2008 (except if paragraph (1)(b)(i) of regulation 3.B.1A applies to that person), or

(b) became a pensioner member of the 1995 Section or a corresponding 1995 scheme on, or after, that date (except if paragraph (1)(b)(i) or (ii) of regulation 3.B.1A applies to that person or that person became an active member of this Section of the Scheme before reaching normal benefit age for the purposes of the 1995 Section), ...

(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—

$$A−(2×T)$where—A is 1st April 2022T is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 55.$

(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 or subsection (5) of section 18 of the 2014 Act that provide for exceptions to subsection (1) of those sections, 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 or Schedule 5 to the 2014 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 or subsection (5) of section 18 of the 2014 Act that provide for exceptions to subsection (1) of those sections,

(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;

(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.

(2) A person is not eligible to be an active member of this Section of the Scheme in respect of service in an employment if the person is an active member of a superannuation scheme established under section 1 or 9 of the Superannuation Act 1972 in respect of service in that employment.

(3) A person who holds an honorary appointment and does not at the same time hold any other employment which entitles him to be a member of this Section of the Scheme is not eligible to be an active member of this Section of the Scheme.

(4) A person is not eligible to be an active member of this Section of the Scheme in any further employment if the person—

(a) becomes entitled to a tier 2 pension under regulation 3.D.7, and

(b) opts to exchange that pension for a lump sum in accordance with regulation 3.D.11.

(5) A person who is entitled to the immediate payment of a pension under this Section of the Scheme under a regulation that requires the person not to be in NHS employment may only be an active member in accordance with—

(a) regulation 3.D.5 (partial retirement),

(b) regulation 3.G.4(effect of re-employment on tier 2 ill-health pensions),or

(6) A person is not eligible to be an active member of this Section of the Scheme in any future employment if the person—

(a) ceases to be entitled to a tier 1 ill-health pension under regulation 3.D.7, and

(b) becomes entitled to a tier 2 ill-health pension under that regulation on the date the Secretary of State makes a determination under regulation 3.D.8(3).

This is subject to paragraph (7).

(7) A person to whom paragraph (6) applies is eligible to be an active member of this Section of the Scheme in any further employment after the first anniversary of that person’s first day of such employment following the date of the Secretary of State’s determination under regulation 3.D.8.

Concurrent employments

3.B.3

A practitioner may participate in this Section of the scheme in respect of employment as a practitioner even if he also participates in Part 2 in respect of concurrent whole-time or part-time employment as an officer (within the meaning of Part 2).

Joining and leaving the Scheme

Joining the Scheme

3.B.4

(1) Subject to paragraph (3), a person in NHS employment who is eligible to be an active member of this Section of the Scheme becomes such a member, unless absent from work for any reason, on either—

(a) the commencement of the person’s employment; or

(b) in circumstances where the person has previously opted out of this Section of the Scheme under regulation 3.B.5(1), on that person’s—

(i) automatic enrolment date; or

(ii) automatic re-enrolment date, except where the notice referred to in regulation 3.B.5(1) was given within the 12 months immediately preceding that date.

(2) A person who is eligible to be such a member by virtue of falling within regulation 3.B.1(3)(b) may opt to become such a member by giving notice in writing to the employing authority.

(3) A person who has previously exercised an option to opt out of this Section of the Scheme in accordance with regulation 3.B.5(1) in respect of an employment in which that person was an active member, and who remains eligible to be such a member in respect of that employment, may opt to join or re-join this Section of the Scheme by giving notice in writing to the employing authority in such form as the Secretary of State requires.

(4) A notice under paragraph (3) takes effect—

(a) from the beginning of the first pay period to begin after the notice is received by the employing authority, or

(b) if the notice specifies a date that is the first day of a later pay period, from that date.

(5) A notice under paragraph (3) may not be given by a person who is absent from work for any reason.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Opting out of the Scheme

3.B.5

(1) A person who is an active member of this Section of the Scheme in any employment may opt at any NHS time to cease to be such a member by giving notice in writing to the person’s employing authority.

(2) A person who opts out under paragraph (1) ceases to be an active member of this Section of the Scheme on the date the notice takes effect and, if applicable, any contributions made by or on behalf of the person for a period of membership after the date on which the notice was effective must be refunded.

(3) The notice takes effect—

(a) from the beginning of the first pay period to begin after the notice is received by the employing authority, or

(b) if the notice specifies a later date, from the beginning of the first pay period after that in which the specified date falls.

(4) A person to whom paragraph (1)(a) of regulation 3.B.4 applies in respect of an employment who gives notice in writing under paragraph (1) of this regulation within one month of the date of commencing that NHS employment, is treated as not having become an active member by virtue of that regulation.

(5) A notice under paragraph (1) shall cease to have effect on the day immediately preceding, as the case may be, the person’s—

(a) automatic enrolment date, or

(b) automatic re-enrolment date: this does not apply where the notice was given within 12 months immediately preceding that date.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.