Q&As: Pensions

The NHS Pension Scheme Regulations were amended on April 1, 2014 to allow independent providers of clinical services, such as Viapath, access to the Scheme. Had this been the case in 2009 when GSTS was established, the Trust pathology staff would have been able to transfer to GSTS (under the TUPE provisions) and retain their membership of the NHS Pension Scheme.

No. Viapath will obtain ‘Direction Status’, which means that mandatorily transferring staff (i.e. under the TUPE Regulations) can maintain their NHS Pension Scheme membership. Membership of the Scheme will not be available to any new hire irrespective of prior NHS service.

No. Transfer to Viapath under the TUPE Regulations is the only viable option.

Yes. Arrangements will be made by the Trusts and Viapath to provide this support.

Ongoing membership of the NHS Pension Scheme as a Viapath employee will be no more or less impacted by subsequent changes in Government policy than that of NHS employees.

Yes. Under the TUPE Regulations employment is continuous.

Yes. We recommend that this question be raised with the providers of independent advice that will be made available.

As you will remain within the same scheme external advice sources would remain the same, e.g. http://www.nhsbsa.nhs.uk/2735.aspx. In house contacts, following the transfer, are currently being determined.

When Viapath receives NHS Pension Direction status transferring employees can remain in the NHS Pension scheme. Therefore there will be no difference to any NHS Pensions procedures or retirement benefits as a result.