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The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015

S.I. 2015/95 · Made 5 February 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2025.

National Health Service, England And Wales

Public Service Pensions, England And Wales

Made 5th February 2015

Laid before Parliament 12th February 2015

Coming into force 1st April 2015

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 10(1) and (2) of, and Schedule 3 to, the Superannuation Act 1972f1 and sections 1, 3 and 18(5) of, and Schedule 3 to, the Public Service Pensions Act 2013f2.

In accordance with section 10(4) of the Superannuation Act 1972 and section 21 of the Public Service Pensions Act 2013, the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State likely to be affected by these Regulations.

In accordance with section 10(1)f3 of the Superannuation Act 1972 and section 3(5) of the Public Service Pensions Act 2013, these Regulations are made with the consent of the Treasury.

Annotations to the whole text

Footnotes

f1

1972 c.11. Section 10(1) was amended by sections 57 and 58 of, and Schedule 5 to, the National Health Service Reorganisation Act 1973 (c.32) and section 4(2) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7).

f2

2013 c.25.

f3

The functions of the Minister for the Civil Service under section 10 were transferred to the Treasury by article 2 of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670).

Contents

  1. Part 1: Introductory
  2. 1Citation, extent and commencement
  3. 2Interpretation
  4. Part 2: Transitional provisions
  5. Chapter 1: Eligibility
  6. 3Eligibility of pensioners
  7. Chapter 2: Notices and elections
  8. 4Carry-forward of old scheme opt-out
  9. 5Nominations, notices and declarations
  10. Chapter 3: Membership status and breaks in service
  11. 6Active member status preservation
  12. 7Qualifying service
  13. 8Members on authorised unpaid leave
  14. 9Casual staff and locums not working on eligibility date
  15. 10Disqualifying breaks in service
  16. 10AEffect of recommencing service after break
  17. Chapter 4: Contributions and final pay
  18. 11Contribution rate setting : Groups A to C
  19. 12Contribution rate setting : Group D
  20. 13Taper protection for contribution tiering
  21. 14Determination of pensionable pay, final pensionable pay and reckonable pay
  22. 15No refund of contributions in cases of inordinate pay
  23. 16Cessation of final salary link on payment of benefits
  24. 17Final salary link : Mental Health Officers
  25. 17AFinal salary link: non-pensionable old scheme members
  26. 18Uprating of old scheme practitioner earnings
  27. 19Flexibility earnings credit : calculation
  28. 20Flexibility earnings credit : uprating
  29. 21Flexibility earnings credit : adjustment of pension payable
  30. Chapter 5: Additional contributions
  31. 22Existing additional service and unreduced lump sum contracts
  32. 23Existing additional pension contracts
  33. 24Additional contributions : ill-health
  34. 25Decoupling of benefits derived from additional contributions
  35. Chapter 6: Bulk Transfers
  36. 26Acceptance of bulk transfers
  37. Chapter 7: Retirement benefits
  38. 27Ill-health benefits : continuity of existing applications
  39. 28Ill health benefits : members below old scheme normal pension age
  40. 29Ill health benefits : members above old scheme normal pension age
  41. 30Age retirement of mental health officers, nurses, physiotherapists, midwives and health visitors
  42. 31Partial Retirement
  43. 32Redundancy retirement
  44. 33Premature retirement : special classes
  45. 34Redundancy retirement : additional contribution option does not apply
  46. 35Redundancy retirement : additional contribution option applies
  47. 36Interests of efficiency of the service
  48. 37Variations to lump sums for 1995 and 2008 pensioners joining new scheme (other than pensioners who have taken a partial retirement pension)
  49. 37AVariations to lump sums for 1995 and 2008 pensioners joining new scheme (pensioners who have taken a partial retirement pension)
  50. 38Abatement
  51. 38AEntitlement to additional retirement benefits
  52. 39Abatement : special classes Repealed
  53. Chapter 8: Death benefits
  54. 40Death in service
  55. Chapter 9: Option to convert service
  56. 41Option for 1995 Section members to convert to 2008 Section membership
  57. Part 3: Amendments to the old scheme
  58. 42Amendments to the old scheme
  59. Signature
  60. Schedule 1: Eligibility of pensioners
  61. 1Eligibility of 1995 Section pensioners to join new scheme
  62. 2Eligibility of 2008 Section pensioners to join new scheme
  63. Schedule 2: Amendments to the old scheme
  64. Part 1: Amendment of the 1995 Regulations
  65. 1General
  66. 2Amendment of regulation B1
  67. 3Amendment of regulation B2
  68. 4Amendment of regulation B3
  69. 5Amendment of regulation L1
  70. 6Amendment of regulation R8
  71. 7New regulation U5
  72. 8Amendment of Schedule 2
  73. Part 2: Amendment of the 2008 regulations
  74. 9General
  75. 10Amendment of regulation 2.B.1
  76. 11Amendment of regulation 2.B.2
  77. 12Amendment of regulation 2.D.13
  78. 13Amendment of regulation 2.F.9
  79. 14Substitution of regulation 2.F.13
  80. 15New regulation 2.J.15
  81. 16Amendment of regulation 3.B.1
  82. 17Amendment of regulation 3.B.2
  83. 18Amendment of regulation 3.D.18
  84. 19Amendment of regulation 3.F.9
  85. 20Substitution of regulation 3.F.13
  86. 21New regulation 3.J.15
  87. Explanatory note