Schedule 2 NEW PART VII IN SCHEDULE 10 TO THE PRINCIPAL REGULATIONS

“PART VII

PERSONS FORMERLY MEMBERS OF THE NATIONAL HEATLH SERVICE PENSION SCHEME

36

In this Part—

(a)

“the 1995 Regulations” means the National Health Service Pension Scheme Regulations 1995^f1; and

(b)

the expression “member” and “scheme” shall be construed in accordance with the 1995 Regulations.

37

This Part applies to a person—

(a)

who immediately before he was in pensionable employment (for the purposes of these Regulations) was in pensionable employment within the meaning of the 1995 Regulations; and

(b)

who ceased to be in pensionable employment within the meaning of the 1995 Regulations and became employed in pensionable employment for the purposes of these Regulations by virtue of a relevant transfer within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 1981^f2.

38

Where a transfer value has been accepted in respect of a person to whom this Part applies pursuant to a written request made by that person within 12 months of the date of the transfer referred to in paragraph 37, he is entitled to count as reckonable service the period which, at the time of the relevant transfer, he was entitled to count as pensionable service for the purposes of the 1995 Regulations.

39

(1)

If a person to whom this Part applies—

(a)

chose, while he was a member of the scheme to increase his right to benefits under the scheme by buying additional service under regulation Q1 of the 1995 Regulations by making regular additional contributions;

(b)

at the time of the relevant transfer referred to in paragraph 37 had not completed the payment of the additional contributions; and

(c)

a transfer value has been accepted by the Secretary of State,

he may complete the payment of such contributions as if Part Q of the 1995 Regulations applied to him and shall accordingly be entitled to count as reckonable service the additional service which he buys by the payment of such contributions.

(2)

Regulation C16 shall apply to the contributions referred to in this paragraph as if such contributions were being paid under regulation C3.

(3)

For the purposes of any provision in these Regulations which imposes a maximum on the contributions which a person can make, the contributions referred to in this paragraph shall be treated as paid under Part C.

40

Where a person to whom this Part applies—

(a)

was immediately before the relevant transfer referred to in paragraph 37 a person to whom regulation R2 of the 1995 Regulations or regulation 54 of the National Health Service (Superannuation) Regulations 1980^f3 (special provision for certain nurses, physiotherapists, midwives and health visitors) or regulation R3 of the 1995 Regulations or regulation 55 of the National Health Service (Superannuation) Regulations 1980 (special provision for certain mental health officers) applied, and

(b)

has continued to be such a person after the said transfer save only for the fact that his employer was not an employing authority within the meaning of the 1995 Regulations,

regulation E4 shall apply in relation to that person as if the references to the age of 60 were references to the age of 55.”