Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether the Government issues (a) guidance and (b) advice to newly established wholly owned subsidiary companies in the NHS on whether they should apply for access to the NHS Pension Scheme.

There is a requirement under HM Treasury’s New Fair Deal policy for staff who are compulsorily transferred from the National Health Service to a wholly owned subsidiary to be allowed continuing access to the NHS Pension Scheme. Whether or not to apply for access in relation to new starters is a matter for the wholly owned subsidiary company and its parent foundation trust. Any applications received from wholly owned subsidiary companies will be considered on their merits in accordance with the Secretary of State’s powers under section 25 of the Public Service Pensions Act 2013 (a)¹.

Note:

¹The Public Service Pensions Act 2013 confers powers to the 2015 NHS Pension Scheme. For the 1995 and 2008 schemes, powers are conferred by sections 7(1) and (3) of the Superannuation (Miscellaneous Provisions) Act 1967(a).