When employees are compulsorily transferred to a non-NHS employer, consideration must be given to the employees’ access to the NHS Pension Scheme.
Where the previous employer is a non-NHS organisation, the receiving employer must apply for access to the Scheme for all transferred employees who were eligible to contribute to the Scheme via a Direction/Determination legal document prior to the compulsory transfer. This protects the employees’ eligibility to contribute to the Scheme. An example of this is where the original services provided by a Trust were compulsorily transferred to a non-NHS employer and have subsequently been compulsorily transferred to another non-NHS employer.
Information and the application form are available on the NHS Pensions website at: Access to the NHS Pension Scheme | NHSBSA.