The National Health Service Pension Scheme Regulations 2015

CHAPTER 1 Joining and leaving

Joining and leaving the scheme

15.—(1) Each person who is eligible to join this scheme pursuant to regulation 18 is included in the scheme—

(a) automatically on commencing NHS employment;

(b) subject to regulation 16, where the person has previously opted out of this scheme, on the date determined under paragraph 2 of Schedule 4, where that paragraph applies;

(c) subject to regulation 16, where the person has previously opted out of this scheme and is a person to whom section 3 or 5 of the 2008 Act(1) applies—

(i) on that person’s automatic enrolment date; or

(ii) on that person’s automatic re-enrolment date, except where the notice referred to in paragraph 1 of Schedule 4 was given within the 12 months immediately preceding that date.

(2) A person who is included in this scheme may opt out at any time in accordance with paragraph 1 of Schedule 4.

(3) In this Chapter—

(a) “the 2008 Act” means the Pensions Act 2008;

(b) “the 2010 Regulations” means the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010(2).

(4) Paragraph (1) does not apply to a locum practitioner.

(5) A locum practitioner who wishes to join this scheme must make an application to the scheme manager in such form as the scheme manager requires.

(6) The application must not relate to a period of engagement which ended more than 10 weeks before the date of the application.

(7) If the scheme manager accepts an application under paragraph (5) the locum practitioner’s membership of this scheme takes effect on the date specified by the scheme manager.

Re-joining the scheme

16.—(1) Subject to paragraph (2), a person who has opted out of this scheme in accordance with paragraph 1 of Schedule 4 may re-join this scheme pursuant to paragraph 2 of that Schedule.

(2) A person may not re-join this scheme during any period of absence from work for any reason.

Automatic enrolment legislation

17.—(1) Regulations 15 and 16 do not apply to a person to whom sections 3, 5 or 8 of the 2008 Act and regulations 9 or 15 of the 2010 Regulations(3) applies (that is, a person who is subject to automatic enrolment or re-enrolment in this scheme as a qualifying scheme who does not wish to participate in it).

(2) Paragraph (1) does not affect the rights of such a person who subsequently joins or re-joins this scheme in circumstances where those provisions of the 2008 Act and 2010 Regulations do not apply.

(1)

2008 c.30. Section 3 was amended by sections 5 and 6 of the Pensions Act 2011 (c.19) and S.I. 2014/623. Section 5 was amended by sections 4, 5 and 6 of the Pensions Act 2011 and S.I. 2014/623, and prospectively amended by sections 37 and 38 of the Pensions Act 2014 (c.19).

(2)

S.I. 2010/772, as amended by S.I. 2012/215, 1257, 1477 and 2691, 2013/2328, 2556 and 3115, and 2014/715.

(3)

Regulation 9 was amended by regulation 5(1) and (6) of S.I. 2013/2556.