{
  "url": "https://openlegislation.uk/national-health-service-pension-schemes-amendment-regulations-2025/regulation-9",
  "json_url": "https://openlegislation.uk/national-health-service-pension-schemes-amendment-regulations-2025/regulation-9.json",
  "legislation": "uksi/2025/316",
  "legislation_title": "The National Health Service Pension Schemes (Amendment) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/national-health-service-pension-schemes-amendment-regulations-2025",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "Amendment of regulation 2.A.5",
  "text": "(1) Regulation 2.A.5(1) (meaning of “qualifying service”) is amended as follows.\n(2) At the end of sub-paragraph (h) omit “and”.\n(3) For sub-paragraph (i) substitute—\n“(i) in the case of a person who—\n(i) ceased to be an active member of the 1995 Section on leaving NHS employment,\n(ii) became a deferred member of that Section on leaving that employment and has not since become a pensioner member of that Section between the date of leaving that employment and joining this Section of the Scheme, and\n(iii) became an active member of this Section of the Scheme during the period beginning with 1st October 2008 and ending with 31st March 2015 and five years or more since last leaving NHS employment,\na period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section,”\n(4) After sub-paragraph (i) insert—\n“(j) in the case of a person who—\n(i) was a deferred member of the 1995 Section who gave notice for the purposes of paragraph (1) or (1A) of regulation B4 of the 1995 Regulations (opting out of this Section of the Scheme),\n(ii) as a result of that notice was treated as ceasing to be an active member of that Section,\n(iii) pursuant to that notice remains opted-out of that Section for five years or more, and\n(iv) became an active member of this Section of the Scheme during the period beginning with 1st October 2008 and ending with 31 March 2015,\na period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section, and\n(k) in the case of a person who—\n(i) was a deferred member of the 1995 Section who gave notice for the purposes of paragraph (1) or (1A) of regulation B4 of the 1995 Regulations and following that notice, ceased to be an active member of that Section for any one period of five years or more comprising the aggregate of—\n(aa) any period during which the person left NHS employment, and\n(bb) any period during which the person was treated as never having been an active member of that Section in accordance with paragraph (3) of regulation B4 of those Regulations in respect of one or more later periods of NHS employment entered into after having given the notice for the purposes of paragraph (1) or (1A) of that regulation, and\n(ii) became an active member of this Section of the Scheme during the period beginning with 1st October 2008 and ending with 31st March 2015,\na period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Regulation 2.A.5(1) was amended by S.I. 2008/2263, 2009/2446 and 2011/2586."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Paragraph (1A) of regulation B4 was omitted by S.I. 2013/413."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Paragraph (3) of regulation B4 was substituted by S.I. 2013/413."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/316/regulation/9",
    "retrieved_at": "2026-10-28T21:18:56.261315+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}