FOI-03004

Thank you for your request for information about the following: 
 
##Request 
 <i>

1. There must be full disclosure including dates of all internal guidance, memoranda, and notifications issued to NHS Pensions leadership regarding the 2015 legislative changes affecting deferred benefits. 
 
2. Full disclosure of all internal notifications, guidance, memoranda, or communications with dates issued within NHS Pensions from 2015 onwards that were intended to alert senior and junior staff to the legislative change enabling members with deferred benefits to claim their pension without formally retiring.  
 
3. Data on the number of deferred members affected by the 2015 legislation specifically, how many of them were not informed of their rights, or were misinformed, and as a result have been placed in a similar position to mine. 
 
Whilst I will respond separately in respect of the members request for compensation please will you take the requests for information forward.</i>

On 12 August 2025 you clarified the following: 
 
Specifically what do you mean by “members with deferred benefits to claim their pension without formally retiring”  
 
<i>NHS Pensions members with deferred pension benefits are those who have stopped contributing because they have reached the allowed lifetime amount but have not yet retired. From 2015 the law changes so that members with deferred benefit for at least 5 years became entitled to claim benefits without retiring from NHS employment</i>
 
Please can you clarify what you mean by “not informed their rights”  
 
<i>Not informed of their rights that they could claim their benefit or, in my case, wrongly informed that I could not take benefits without retiring</i>
 
Please can you clarify what you mean by “Placed in a similar position to mine”  
 
<i>The position of being entitled to claim deferred benefits without retirement but being misinformed by NHS Pensions on this position.</i>
 
The NHS Business Services Authority (NHSBSA) received your request on 13 July 2025  
 
We have handled your request under the Freedom of Information Act 2000 (FOIA)  
 
##Our response 
 
I can confirm that the NHSBSA holds some of the information you have requested.  
 
<b>Question 1 - There must be full disclosure including dates of all internal guidance, memoranda, and notifications issued to NHS Pensions leadership regarding the 2015 legislative changes affecting deferred benefits. 
 
Specifically what do you mean by “members with deferred benefits to claim their pension without formally retiring”  
 
<i>NHS Pensions members with deferred pension benefits are those who have stopped contributing because they have reached the allowed lifetime amount but have not yet retired. From 2015 the law changes so that members with deferred benefit for at least 5 years became entitled to claim benefits without retiring from NHS employment</i></b>
 
The NHSBSA does not hold the requested information, however the legislative change was confirmed in the NHS Pension Scheme regulations (1995 Section): 
 
<i>Regulation B2(m) confirms a member who has been opted out for 5 years cannot rejoin the 1995 Section 
(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;</i>
 
The regulation was inserted from 01.04.2010 by SI2010/492 The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2010. 
 
The link to the regulations can be found at: 
https://www.legislation.gov.uk/uksi/2010/492/pdfs/uksi_20100492_en.pdf 
 
<b>Question 2 - Full disclosure of all internal notifications, guidance, memoranda, or communications with dates issued within NHS Pensions from 2015 onwards that were intended to alert senior and junior staff to the legislative change enabling members with deferred benefits to claim their pension without formally retiring.</b>
 
Guidance for administrators from our Knowledge Base is attached, this includes details of member scenarios. 
The Awards Technical Guide with details of the rules which apply to members is attached, please look at age 32, Section 2.1.1  
 
<b>Question 3 - Data on the number of deferred members affected by the 2015 legislation specifically, how many of them were not informed of their rights, or were misinformed, and as a result have been placed in a similar position to mine. 
 
Please can you clarify what you mean by “not informed their rights” 
<i>Not informed of their rights that they could claim their benefit or, in my case, wrongly informed that I could not take benefits without retiring</i>  
 
Please can you clarify what you mean by “Placed in a similar position to mine”  
<i>The position of being entitled to claim deferred benefits without retirement but being misinformed by NHS Pensions on this position.</i></b>
 
As of 08/09/2025, 46,646 members are a 1995 Section member with an exit code 16 as the latest last day of scheme membership, over age 50 on or after 1 October 2010, where it is more than 5 years after the opt-out period. For example, a member aged 57 cannot take benefits until age 62. 
 
Exit code 16 is recorded on a member's pension record as the reason for leaving the NHS Pension Scheme where the member has chosen to opt out of paying pension contributions into the scheme whilst continuing in NHS employment. 
 
The NHSBSA does not hold any information about how many members were not informed of their rights. However, comprehensive information for members and employers is provided on our website.  
 
For deferred members, the “Applying for your pension” https://www.nhsbsa.nhs.uk/member-hub/applying-your-pension confirms: 
 
A deferred benefits claim form (AW8P) if you're a deferred member and have left NHS employment  
 
If you've left NHS employment completely and are claiming deferred pension benefits or have some retained NHS pension rights, you can download and print the deferred benefits claim form (AW8P) (PDF: 455KB). As well as downloading and printing the AW8P, you'll need to complete and print the member checklist (PDF: 178KB). 
 
Complete the forms and return it to us using the address on the form. 
 
The AW8P completion notes provide the following guidance for members: 
 
If you are claiming benefits from the 1995 Section, 2008 Section or 2015 Scheme you normally have to have stopped working in the NHS for at least 24 hours before you can become entitled to receive them. An exception is where you have a deferred pension and current membership under the 2015 Scheme or have opted out of the 1995/2008 Scheme for a period of 5 years or more. In this case it is not necessary to have stopped working in the NHS for at least 24 hours before becoming entitled to receive your deferred 1995 Section or 2008 Section benefits. 
 
There is a 5-year “Comparison pack request form” which refers to moving benefits to the 2015 Scheme. 
 
“Payment of pensions after opting out of the NHS Pension Scheme” can be found at: https://www.nhsbsa.nhs.uk/payment-pensions-after-opting-out-nhs-pension-scheme provides guidance for employers.  
 
Also on the Employer Hub “Payment of pensions after opting out of the NHS Pension Scheme” https://www.nhsbsa.nhs.uk/payment-pensions-after-opting-out-nhs-pension-scheme-0. The July article referred to can be found at “Payment of pensions after opting out of the NHS Pension Scheme” https://www.nhsbsa.nhs.uk/payment-pensions-after-opting-out-nhs-pension-scheme  
Our Knowledge Base/Ask Us has “What form must I complete to apply for my pension benefits?” https://faq.nhsbsa.nhs.uk/knowledgebase/article/KA-04405/en-us which confirms: 
 
If you’re in NHS employment, complete an AW8P if you: 
 
<span style="display: block; padding-left: 1em;">•	opted out of the scheme over 5 years ago unless you're a Special Class (SC) or mental health officer (MHO) member who opted out due to maximum age or membership  
 
•	have membership in the 1995 Section, 2008 Section, and 2015 Scheme and are claiming your 1995 Section benefits only 
 
•	have membership in the 1995 Section and 2015 Scheme but had a break in pensionable employment of more than 5 years between leaving the 1995 Section and joining the 2015 Scheme and are claiming your 1995 Section benefits only 
 
•	have membership in the 2008 Section and 2015 Scheme but had a break in pensionable employment of more than 5 years between leaving the 2008 Section and joining the 2015 Scheme and are claiming your 2008 Section benefits only including those who also have membership in the 1995 Section 
 
•	are in receipt of Special Class (SC) benefits but chose to defer your pre 17 May 1990 membership and now want to claim them</span>
 
Also “Will my pension be backdated if I claim it after my Normal Pension Age (NPA)?” https://faq.nhsbsa.nhs.uk/knowledgebase/article/KA-04594/en-us which confirms: 
 
If you opted out of the 1995 or 2008 Section but continued to work in the NHS until after your NPA, your pension benefits from that Section of the Scheme can only be paid from when you leave NHS employment or if it's been 5 years since the date you last paid in. 
 
##Data Queries 
 
Please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data.

##Reusing the data and copyright 
 
If you plan on producing a press or broadcast story based upon the data please contact communicationsteam@nhsbsa.nhs.uk. This is important to ensure that the figures are not misunderstood or misrepresented. 
 
The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at: 
 
http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/  
 
Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2025”. Failure to do so is a breach of the terms of the licence. 
 
Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.

Tags: NHS Pension Scheme
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