Regulation 3.B.5 Opting out of this Section of the SchemeF1F2
England and Wales
A person who is an active member of this Section of the Scheme in any employment may opt at any F3NHS time to cease to be such a member by giving notice in writing to the person’s employing authority.
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.
The notice takes effect—
from the beginning of the first pay period to begin after the notice is received by the employing authority, or
if the notice specifies a later date, from the beginning of the first pay period after that in which the specified date falls.
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.
A notice under paragraph (1) shall cease to have effect on the day immediately preceding, as the case may be, the person’s—
automatic enrolment date, or
automatic re-enrolment date: this does not apply where the notice was given within 12 months immediately preceding that date.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A practitioner who opts not to contribute to this Section of the scheme F7in respect of one or more employments as a practitioner under this Part must do so in respect of all his employments as a practitioner F8but may, nevertheless, participate in this Section of the scheme in respect of concurrent employment as an officer under Part 2 F9or as a locum practitioner F10: this is subject to paragraph (16) of regulation 3.J.14.
This regulation does not apply to a person to whom sections 3, 5 or 8 of the 2008 Act and regulations 9 or 15 of the 2010 Regulations applies (that is, a person who is subject to automatic enrolment or automatic re-enrolment in this Section of the Scheme as a qualifying scheme who does not wish to participate in it): this paragraph does not affect the rights of such a person who subsequently becomes a member of this Section of the Scheme in circumstances where those provisions of the 2008 Act and 2010 Regulations do not apply.
Annotations
Textual amendments
- F1
Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
- F2
Words in reg. 3.B.5 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
- F3
Word in reg. 3.B.5(1) inserted (with effect from 1.3.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2)(5), 61(2)
- F4
Reg. 3.B.5(2) substituted (with effect from 1.3.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2)(5), 61(3)
- F5
Reg. 3.B.5(4)(5) substituted (with effect from 1.3.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2)(5), 61(4)
- F6
Reg. 3.B.5(6) omitted (with effect from 1.3.2013) by virtue of The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2)(5), 61(5)
- F7
Words in reg. 3.B.5(7) inserted (with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(6), 62(a) (with reg. 93)
- F8
Word in reg. 3.B.5(7) inserted (with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(6), 62(b) (with reg. 93)
- F9
Words in reg. 3.B.5(7) inserted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 61(6)
- F10
Words in reg. 3.B.5(7) inserted (1.4.2014) by The National Health Service Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/570), regs. 1(2), 41 (with reg. 49)
- F11
Reg. 3.B.5(8) added (with effect from 1.3.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2)(5), 61(7)