Regulation 2.D.13 Exceptions to requirement that NHS employment must have ceased

England and Wales

(1)

A member is not prevented from becoming entitled to a pension under regulation 2.D.1 in respect of relevant service because of continuing in NHS employment if paragraph (2) F1or (2A) applies.

(2)

This paragraph applies if—

(a)

the member is an active member F2or a non-contributing member in the NHS employment and that employment is employment into which the member has been transferred as a result of a transfer of an undertaking to the employing authority, and

(b)

the member is a deferred member in respect of pensionable service that ceased before the member commenced the employment referred to in sub-paragraph (a).

F3(2A)

This paragraph applies if the member F4is not a non-contributing member and 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.

F5(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).

(4)

A member is not prevented from becoming entitled to a pension under regulation 2.D.11 in respect of pensionable service in an employment (“the old employment”) because of continuing in NHS employment if paragraph (5) applies.

(5)

This paragraph applies if—

(a)

before the termination of the old employment the member held two or more NHS employments concurrently, and

(b)

the member elected to take benefits under regulation 2.D.11 only in respect of the old employment and to continue to accrue rights to benefits in respect of any continuing employments in which the member is an active member.

(6)

For the effect of a pension becoming payable as a result of paragraph (2) F6or (2A) applying, see—

(a)

Chapter 2.G (re-employment and rejoining F7this Section of the Scheme),

(b)

Chapter 2.H (abatement).

Annotations

Textual amendments

F1: Words in reg. 2.D.13(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. 12(a)
F2: Words in reg. 2.D.13(2)(a) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 31 (with reg. 89)
F3: Reg. 2.D.13(2A) 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. 12(b)
F4: Words in reg. 2.D.13(2A) inserted (1.10.2023) by The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 20
F5: Reg. 2.D.13(3) 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. 12(c)
F6: Words in reg. 2.D.13(6) 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. 12(a)
F7: Words in reg. 2.D.13(6)(a) 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