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Regulation 22 Qualifying service

(1)

The qualifying service of a member (M) is the aggregate of the following periods—

(a)

M's pensionable service, except service mentioned in regulation 20(1)(c);

(b)

a transfer in period;

(c)

a transferred undertaking period;

(d)

a period treated as qualifying service by virtue of paragraph (6);

(e)

a period of relevant qualifying service in a connected scheme; and

(f)

a period of service in respect of which M is a pensioner member in this scheme.

(2)

In determining a period of pensionable service for the purposes of paragraph (1)(a), paragraph (b) of regulation 20(2) must be ignored.

(3)

A transfer in period is the period equal to M's period as an active member in another occupational pension scheme (including a connected scheme) in relation to which a transfer value in respect of M's rights under the scheme has been accepted under Part 7.

(4)

A transferred undertaking period is the period of employment that qualified M for rights under another occupational pension scheme where—

(a)

M became an active member of this scheme on the transfer of M's employment to a new employer as the result of a transfer of undertaking to that employer; and

(b)

no transfer payment in respect of those rights has been accepted under Part 7.

C1(5)

Paragraph (6) applies if M is employed on a casual basis or is a locum practitioner and, for a period not exceeding 3 months—

(a)

M ceases to pay contributions because of a break not exceeding that period in the employment in which M is an active member, but before the end of the period M re-enters the employment on the same basis as before the break; or

(b)

M is not engaged as such a practitioner and so is not treated as being in pensionable service, but before the end of the period M is re-engaged as such a practitioner.

(6)

The period mentioned in paragraph (5) is treated as a period when M continues to be in qualifying service and—

(a)

M is not required to re-join the scheme on re-entering the employment or on being re-engaged; and

(b)

if M is engaged as a locum practitioner, the period does not count as pensionable service as a practitioner.

(7)

Relevant qualifying service in a connected scheme is service that counts for the purposes of—

(a)

regulation C3 of the 1995 Regulations; or

(b)

regulations 2.A.5 or 3.A.5 of the 2008 Regulations.

Annotations

Modifications

C1

Reg. 22(5)(6) applied (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 9