# The National Health Service Pension Scheme Regulations 1995, Regulation R8: Former members of health service schemes


(1) For the purposes of these Regulations, “health service scheme” means—
(a) a superannuation scheme provided under regulations made under section 10 of the Superannuation Act 1972 and for the time being in force in relation to Scotland,
(b) a superannuation scheme provided under regulations for the time being in force under Article 12 of the Superannuation (Northern Ireland) Order 1972,
(c) in the case of a member whose pensionable employment commenced on or before 1st April 2012, a superannuation scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald), or
(d) any other occupational pension scheme approved for this purpose by the Secretary of State.
(2) A member who leaves employment in respect of which he qualified for benefit under a health service scheme and who joins this Section of the scheme may, subject to paragraphs (3) and (4), require the Secretary of State to credit him with a period of pensionable service (together with the rights attaching to that service) under this Section of the scheme, calculated as if—
(a) the employment to which the health service scheme applied were NHS employment; and
(b) the member’s contributions to the health service scheme were contributions to this Section of the scheme.
(3) The member may exercise this right only if a transfer payment is made from the health service scheme to this Section of the scheme.
(4) A member who wishes to exercise this right must do so by making application in writing to the Secretary of State within 1 year after joining this Section of the scheme.
(5) A member who leaves employment to which a health service scheme applied without becoming entitled to any benefits other than a return of contributions may buy additional service as described in regulation Q1 (right to buy additional service) and regulations Q4(7) and Q6(8) will apply, as the case may be, as if the previous service under a health service scheme were previous pensionable service under this Section of the Scheme.
(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 either—
(i) paragraph 2 of Schedule 7 to the 2013 Act, or
(ii) paragraph 2 of Schedule 7 to the Public Service Pensions Act (Northern Ireland) 2014,
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.

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Source: https://www.legislation.gov.uk/uksi/1995/300/regulation/R8 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-1995/regulation-R8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.