- Pensionable employment in the NHS Pension Scheme—clarity on when GP locums are covered for death-in-service benefits (Sanderson v NHS Business Services Authority)
- What are the practical implications of this case?
- What was the background?
- What did the High Court decide?
- Case details
Pensions analysis: This analysis looks at a recent case which highlighted the complex status of locum practitioners, and the problematic notion of pensionable employment as defined in the 1995 and 2002 NHS Pension Scheme Regulations. Mr Sanderson, the surviving spouse, appealed a determination of the Pensions Ombudsman which agreed with the NHS Business Services Authority that he was not eligible to receive a widower’s pension because his wife, although she was an active self-employed locum practitioner, was not actually working on the day she died. The High Court rejected the appeal, confirming that during transition periods where locum practitioners cease to be ‘engaged’, they also cease to be treated as being in pensionable employment. Written by Tod Davies, solicitor at Capital Law.
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