You are currently on the blue route. You are transferring from a job in the NHS to a job in a charity, the voluntary sector or a social enterprise.
If you are not transferring from a job in the NHS to a job in a charity, the voluntary sector or a social enterprise then you need to go back to the type of transfer page and choose a new route by clicking here
What do we mean by pensions?
All staff employed in the NHS have the right to be members of the NHS Pension Scheme. Other staff not employed by the NHS but delivering NHS services have the right to access a good quality pension scheme.
Pensions under the NHS Pension Scheme includes the retirement pension and early payment of pension on grounds of ill health.
If you are compulsorily transferred from the NHS to another organisation providing health care services to the NHS you can in certain limited circumstances continue with your membership of the NHS Pension Scheme. Your continued membership depends on the nature of the new employer organisation, and the circumstances of the transfer from NHS to non-NHS employment . The advice below will tell you what applies in your case.
From 1 April 2008, the NHS Pension Scheme has two sections the 1995 section and new arrangements staff who joined on or after 1 April 2008, described as the 2008 section.
All staff currently in the 1995 Section will be offered the choice to remain in the 1995 section or to transfer to the 2008 section. Given the scale of the exercise, the Pensions Choice Exercise (PCE) will be delivered in phases between July 2009 and 31 March 2012. The PCE will be delivered regionally, beginning in January 2010 in the South West and moving up the country to the North East and finishing in Wales.
Each SHA region will see two periods of Choice activity with staff aged 50 and over offered Choice during 2010/2011 and staff aged 49 and younger during 2011/2012. For efficiency reasons, all staff in smaller organisations, e.g. General Medical Practices, will receive their Choice during 2010 aligned to their SHA region.
Further advice
Download a copy of ‘What happens to my pension?’ for further advice.
If you are compulsorily transferred to a Third Sector Provider, typically a charity or not for profit voluntary sector organisation, including a Social Enterprise set up under the Right to Request, you may be able to retain your membership of the main NHS Pension Scheme.
This is because some voluntary sector or not-for-profit organisations that support the NHS can seek a ‘Direction’ from the Secretary of State. The Direction provides for employees to be eligible to join the NHS Pension Scheme. However, you will not be able to retain your access to the NHS injury benefit and early retirement compensation schemes.
The third sector provider will be required to arrange for these benefits to be provided separately. You will only be able to be covered by the Direction and stay in the NHS Pension Scheme while you remain on work which is funded by the NHS.
If the third sector provider does not apply for or is not granted a Direction you will lose access to the NHS Pension Scheme. However, as part of the Governments ‘Fair Deal for Pensions’ policy your new employer is required to offer you membership of a pension scheme that provides you with pension benefits which have been certified by the Government Actuary as “broadly equivalent”. The third sector provider will need to make sure that you are offered membership of a “broadly equivalent” pension scheme.
Legislation, policies, practices and supporting documents that may apply to you in relation to your pension.
Click here to download a table summarising the key policies and legislation that may apply to you when you transfer.
Please note that this is not an exhaustive list but is meant as a general guide to the various legislation and policies that apply in your case.
Frequently Asked Questions
See our FAQs on pensions
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