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Part Time Employees
National Health Service Superannuation Scheme (Scotland) – Access to Membership for Part-time Employees (Preston)
NHS Superannuation Scheme Membership Terms
Between 1 April 1973 and 31 March 1991, full-time NHS employees and part-time employees working at least half the full-time hours for their grade had access to the NHS Superannuation Scheme. Full-time staff automatically commenced contributing to the Scheme (but could elect to not to join or leave), whilst eligible part-time staff had to elect to join. Part-time NHS employees working less than half the full-time hours for their grade had no right to membership of the Scheme, other than part-time medical and dental officers.
From 1 April 1991, access to the Scheme was extended to all NHS employees, regardless of the hours worked, and from 1 September 1997 membership was automatic for all.
The Employment Tribunal ruling
The Employment Tribunal ruled that part-time employees who had been employed for less than half full time hours and had been excluded from membership of an occupational pension scheme had been unfairly discriminated against and should be given the right to scheme membership for any such service from 8 April 1976. The Tribunal also indicated that an application to purchase a period of part-time service had to be made while an individual was still in the relevant employment, or not later than six months after they had left. ‘Relevant employment’ being appropriate to individual trusts and not the NHS as a whole.
Current Position
The Scottish Employment Tribunal Service has recently agreed that straight forward claims that have been made through the Tribunal can be investigated and, if possible, progressed. Until these Tribunal claims have been dealt with we will be unable to make the relevant changes to the Scheme Regulations, allowing other claimants retrospective access to the Scheme. If you wish to purchase part-time employment where you were excluded from the Scheme (8 April 1976 to 31 March 1991) and have not made a claim to the Employment Tribunal we are unable to deal with your case at this time.
You should be made aware that, when you are a member of an employer’s pension scheme, you are not normally included in the State Earnings Related Pension. This means that purchasing previously-excluded NHS Service may reduce your State benefits.
A full version of the Employment Tribunal’s ruling on the test cases can be accessed at www.employmenttribunals.gov.uk.