NHS Pension Transfer Refusal

Spicy21

Hi,
I am within the one year transfer in window but my application to transfer in has been refused because the private pension I want to transfer in was opened after the date I joined the NHS.

To clarify I consolidated older pensions ahead of the transfer into this new pension to make it easier to transfer in as I had several and the new provider works closely with the NHS.

Can anyone share regulations to show whether they are correct or incorrect in the refusal? I have not been able to find anything other than it has to be done within the  one year window, which it is. 

Thanks.

Marcon

Spicy21 said:

Hi,
I am within the one year transfer in window but my application to transfer in has been refused because the private pension I want to transfer in was opened after the date I joined the NHS.

To clarify I consolidated older pensions ahead of the transfer into this new pension to make it easier to transfer in as I had several and the new provider works closely with the NHS.

Can anyone share regulations to show whether they are correct or incorrect in the refusal? I have not been able to find anything other than it has to be done within the  one year window, which it is. 

Thanks.

Here's what looks to me like the relevant bit of the Regs:

Right to apply for acceptance of transfer value payment

141.—(1) An active member (M) may apply for a transfer value payment to be accepted from—

(a)an appropriate registered occupational pension;

(b)a registered personal pension scheme;

(c)a registered buy-out policy;

(d)a corresponding scheme.

(2) Paragraph (1) does not apply to M's rights—

(a)under a free-standing AVC scheme to which paragraph (3) applies; or

(b)that are directly attributable to a pension credit.

(3) This paragraph applies to—

(a)a scheme which—

(i)immediately before 6th April 2006 was approved by the Commissioners for Her Majesty's Revenue and Customs by virtue of section 591(2)(h) of the Income and Corporation Taxes Act 1988 M1 (free-standing AVC schemes); and

(ii)became a registered scheme for the purposes of the 2004 Act by virtue of Schedule 36 to that Act; or

(b)a scheme established on or after that date as a registered free-standing AVC scheme.

Source: https://www.legislation.gov.uk/uksi/2015/94/regulation/141

Unless someone here knows their way around the NHS 2015 Scheme (I don't), then maybe cite the above to show you've done your homework and ask the NHSBSA which bit precludes your transfer being accepted?

Nebulous2

I considered this to avoid the 2 year vesting period. After retiring I took a part-time NHS job, joined the NHS pension scheme, and started feeding much of my earnings into a new SIPP. I didn't expect to last for two years and, considered transferring the SIPP into the pension to get round that. As it happened I'm still there, more than 3 years later, so the issue doesn't arise. 

Spicy21

Thank you both. Hopefully they’ll reconsider.

Marcon

Spicy21 said:

Thank you both. Hopefully they’ll reconsider.

It's not so much a case of reconsidering as acting in accordance with the Regulations.

I'd write to them and cite the Regulations I've given above. I suggest you also make the point that all your pensionable service in other schemes pre-dated the date you joined the NHS, and you had simply consolidated your earlier pensions to make it easier to transfer in to the NHS Scheme. Ask them to confirm exactly which Regulation precludes acceptance of that transfer. If they still refuse and give some woolly response about 'discretion' without actually confirming the Regulation on which they are relying, I'd go straight to the Internal Dispute Resolution Procedure: https://www.nhsbsa.nhs.uk/sites/default/files/2024-09/DRP1%20%28V11%29%20Online%20-%2009.2024.pdf

Nebulous's post above isn't relevant to your complaint, so don't be tempted to include any of it. It'll just muddy the waters.