# The National Health Service Pension Scheme Regulations 2008, Regulation 2.H.1: Application of Chapter 2.H

Extent: E+W

(1) This Chapter applies if —
(a) a person who is a pensioner member of this Section of the Scheme is employed in NHS employment,
(b) the person’s employment is not employment to which the person was transferred as a result of a transfer of an undertaking to the person’s employer,
(c) the person’s pension is a pension under—
(i) regulation 2.D.8 (early retirement on ill-health: active members),
(ii) regulation 2.D.10 (early retirement on ill-health: deferred members), or
(iii) regulation 2.D.11(1)(d)(ii) (early retirement on termination of employment by employing authority) in a case where the Secretary of State certified that the member’s employment was terminated in the interests of the efficiency of the service in which the member was employed, and
(d) the person has not reached the age of 65.
(2) In this Chapter “NHS employment” includes—
(a) employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967,
(b) employment to which regulations made under section 10 of the Superannuation Act 1972 and having effect in Scotland apply,
(c) employment to which regulations made under Article 12 of the Superannuation (Northern Ireland) Order 1972 apply,
(d) employment commencing on or before 31st March 2012 to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald) applies, and
(e) employment with an employer with whom an agreement has been made under section 235 of the 2006 Act.
(3) In this Chapter, subject to paragraph (4)—
(a) a person to whom this Chapter applies is referred to as an “employed pensioner”,
(b) the pension to which the employed pensioner is entitled is referred to as the “old service pension”,
(c) the employment in respect of which the pension is payable is referred to the “the old employment”, and
(d) the employment in which the employed pensioner is employed is referred to as the “new employment”.
(4) This Chapter applies whether or not the person is an active member of this Section of the Scheme in the new employment.
This is subject to paragraph (4A).
(4A) This Chapter does not apply to a person who is a pensioner member of this Section of the Scheme if—
(a) that person is employed by an Independent Provider—
(i) on the day that Provider’s approval as an employing authority takes effect in accordance with Chapter 2.M (“the effective date”); and
(ii) on the day immediately before the effective date; and
(b) any of paragraphs (4B), (4C) or (4D) apply to that person.
(4B) This paragraph applies to a person who is not eligible to be an active member of this Section of the Scheme on the effective date and remains ineligible to be such a member.
(4C) This paragraph applies to a person who exercises an option not to rejoin this Section of the Scheme which takes effect from the effective date and has not been cancelled.
(4D) This paragraph applies to a person who—
(a) is not eligible to rejoin this Section of the Scheme on the effective date,
(b) becomes eligible to do so on the day immediately following the first anniversary of the member entering NHS employment in accordance with paragraph (5)(b) of regulation 2.G.4 (“the day of eligibility”),
(c) exercises an option not to rejoin this Section of the Scheme that takes effect from the day of eligibility has which has not been cancelled.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/uksi/2008/653/regulation/2.H.1 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-2.H.1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.