The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008

Amendment of regulation 3.B.1

60.  In regulation 3.B.1(5) (eligibility: general), for paragraph (e) substitute—

“(e) the person—

(i) ceased to be an active member of the NHS Pension Scheme 1995 on leaving NHS employment,

(ii) became a deferred member of that Scheme on leaving that employment and has not become a pensioner member of that Scheme between the date of leaving that employment and joining the Scheme, and

(iii) re-entered NHS employment on or after 1st October 2008 and 5 or more years since last leaving NHS employment, or

(f) the person—

(i) ceased to be an active member of the NHS Pension Scheme 1995 before 1st April 2008 on leaving NHS employment,

(ii) became a deferred member of that Scheme on leaving that employment,

(iii) re-entered NHS employment on or after 1st October 2008 and 5 or more years since last leaving NHS employment, and

(iv) before the person re-entered such employment—

(aa) a transfer payment was made in respect of the person under Part M of that Scheme, or

(bb) the person made an application under regulation M2 of that Scheme (exercising a right to transfer or buy-out) from which the person may not withdraw,

but sub-paragraphs (d) to (f) will not apply if the Secretary of State has permitted such a person to rejoin the NHS Pension Scheme 1995 in the circumstances described in regulation B2(3) of the 1995 Regulations.”.