Regulation 2.B.1 Eligibility: general

England and Wales

(1)

A person is eligible to be an active member of F1this Section of the Scheme F2on or after 1st April 2015 if conditions A to C are met and the person is not prevented by regulation 2.B.2, 2.B.3 or 2.B.6.

(2)

Condition A is that the person is in NHS employment.

F3(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)

F4... 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,

(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” 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.

Annotations

Textual amendments

F1: Words in reg. 2.B.1(1) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 1
F2: Words in reg. 2.B.1(1) inserted (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), reg. 1(b), Sch. 2 para. 10(2)
F3: Reg. 2.B.1(3)-(6) substituted (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), reg. 1(b), Sch. 2 para. 10(3)
F4: Words in reg. 2.B.1(3)(a)(i) omitted (with effect from 1.4.2015) by virtue of The National Health Service Pension Schemes (Amendment) Regulations 2025 (S.I. 2025/316), regs. 1(2)(5), 12