The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2010

Amendment of regulation B2

4.—(1) Regulation B2 (restrictions on membership) is amended as follows.

(2) In paragraph (1)—

(a) for sub-paragraph (f), substitute—

“(f) that person enters NHS employment for the first time on, or after, 1st April 2008 and has not previously been a member of this Section of the Scheme or a health service scheme corresponding to this Section;”;

(b) in sub-paragraph (g)—

(i) after “returns to”, insert “or commences”;

(ii) after “last left”, insert “pensionable”;

(c) in sub-paragraph (h)(ii) after “returning to”, insert “or commencing”;

(d) for sub-paragraph (j)(iii), substitute—

“(iii) returns to, or commences for the first time, NHS employment on or after 1st October 2008 and, before that employment starts (whether it is employment that has been returned to or commenced for the first time), exercises the member’s right to transfer out all of that person’s benefits in accordance with regulation M1,”;

(e) in sub-paragraph (k)(ii), after “returns to” insert “or commences”;

(f) after sub-paragraph (k), add—

“(l) that person’s pension under a health service scheme is payable and in the opinion of the Secretary of State that person would not be eligible to—

(i) join this Section of the Scheme, or

(ii) where appropriate, accrue further pensionable service under this Section of the Scheme,

if the pensionable employment to which that health service scheme applied, and in respect of which that pension is being paid, had been pensionable employment in this Section of the Scheme;

(m) that person is a person who—

(i) is entitled to a preserved pension in accordance with regulation L1,

(ii) has given notice in accordance with paragraph (1) or (1A) of regulation B4 that the person does not wish to, or no longer wishes to, participate in this Section of the Scheme,

(iii) as a result of that notice, has been treated as having left all pensionable employments, and

(iv) pursuant to that notice remains opted-out of this Section of the Scheme for any one period of five years or more beginning on the date that notice takes effect;

(n) that person is a person who—

(i) is entitled to a preserved pension in accordance with regulation L1,

(ii) has given notice in accordance with paragraph (1) or (1A) of regulation B4 that the person does not wish to, or no longer wishes to, participate in this Section of the Scheme,

(iii) following that notice, has had a break in pensionable employment for any one period of five years or more, comprising the aggregate of—

(aa) any period during which the person leaves NHS employment, and

(bb) any period during which the person is treated as never having been included in this Section of the Scheme in accordance with paragraph (3) of regulation B4 in respect of one or more later periods of NHS employment entered into after having given the notice referred to in (ii);

(o) that person is a person who—

(i) enters NHS employment before 1st April 2008,

(ii) has given notice in respect of that employment (and all other such employments with an employing authority) that that person does not wish to participate in the Scheme in accordance with paragraph (1) or (1A) of regulation B4, and

(iii) as a result of that notice on 1st April 2008 is treated as never having been in pensionable employment with any employing authority in accordance with paragraph (3) of regulation B4;

(p) that person is a person who—

(i) enters NHS employment before 1st April 2008,

(ii) has given notice in respect of that employment (and all other such employments with an employing authority) that that person does not wish to, or no longer wishes to, participate in the Scheme in accordance with paragraph (1) or (1A) of regulation B4,

(iii) as a result of that notice has been treated as having left pensionable employment with all employing authorities for a period of 12 months or more, and

(iv) is not entitled to a preserved pension in accordance with regulation L1;

(q) that person is a person who—

(i) enters pensionable employment before 1st April 2008,

(ii) has given notice in respect of that employment (and all other such employments with an employing authority) that that person does not wish to, or no longer wishes to, participate in the Scheme in accordance with paragraph (1) or (1A) of regulation B4,

(iii) is not entitled to a preserved pension in accordance with regulation L1, and

(iii) has, in respect of that pensionable employment, either received a repayment of contributions or exercised the right to a transfer payment under Part M.”.

(3) In paragraph (2)(c), for “regulations L1, L2,” substitute “regulations E2, E2A, L1, L2, L4,”.