National Health Service Pension Scheme Regulations 1995

JurisdictionUK Non-devolved
CitationSI 1995/300

1995 No. 300

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service Pension Scheme Regulations 1995

Made 8th February 1995

Laid before Parliament 10th February 1995

Coming into force 6th March 1995

The Secretary of State for Health, in exercise of her powers under sections 10(1), (2) and (3) and 12(1) and (2) of, and Schedule 3 to, the Superannuation Act 19721and of all other powers enabling her in that behalf, after consulting such representatives of persons likely to be affected by these Regulations as appear to her to be appropriate2, and with the consent of the Treasury3, hereby makes the following Regulations—

Preliminary

PART A

Preliminary

S-A1 Citation and commencement

Citation and commencement

A1.—(1) These Regulations may be cited as the National Health Service Pension Scheme Regulations 1995.

(2) These Regulations come into force on 6th March 1995.

S-A2 Interpretation

Interpretation

A2. In these Regulations—

“the previous regulations” means the National Health Service (Superannuation) Regulations 19804;

“buy–out policy”means a policy of insurance or annuity contract that is appropriate for the purposes of section 19 of the Pension Schemes Act 19935(extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts) and satisfies any requirements of the Inland Revenue and “buy out” shall be construed accordingly;

“cash equivalent” is to be construed in accordance with Chapter IV of Part IV of the Pension Schemes Act 1993;

“contracting–out requirements” means the requirements mentioned in section 9(2) of the Pension Schemes Act 1993;

“dependent child” is to be construed in accordance with regulation H1;

“employing authority” means—

(a) a health authority within the meaning of section 128 of the National Health Service Act 19776,

(b) a Family Health Services Authority established by the Secretary of State pursuant to section 10 of the National Health Service Act 19777,

(c) a National Health Service trust established under section 5 of the National Health Service and Community Care Act 19908, and

(d) any other body that is constituted under an Act relating to health services and which the Secretary of State agrees to treat as an employing authority for the purposes of the scheme;

“final year’s pensionable pay” has the meaning given in regulation C1(6);

“guaranteed minimum pension” means guaranteed minimum pension, or accrued rights to guaranteed minimum pension, under section 14 of the Pension Schemes Act 1993;

“health service scheme” has the meaning given in regulation R8(1);

“member”, except where the context otherwise requires, means a person who is in pensionable service under the scheme or a person who has been in such service and in respect of whom benefits under the scheme are, or will become, payable;

“mental health officer” has the meaning given in regulation R3(14);

“NHS employment” means employment with an employing authority;

“occupational pension scheme” means an occupational pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 which is—

(a) approved by the Inland Revenue for the purposes of Chapter IV of Part XIV of the Income and Corporation Taxes Act 19889(retirement benefits schemes) or whose application for approval under that Chapter is under consideration,

(b) a statutory scheme as defined in section 612(1) of the Income and Corporation Taxes Act 1988 (interpretation), or

(c) a scheme to which section 608 of the Income and Corporation Taxes Act 1988 applies (superannuation funds approved before 6th April 1980);

“officer” means a person employed by an employing authority;

“opting–out” and related expressions are to be construed in accordance with regulation B4;

“pay period” means, in the case of an officer, the period in respect of which each payment of salary or wages is made in accordance with the officer’s contract of employment and, in the case of a practitioner, any period of three months ending on the last day of March, June, September or December;

“pensionable employment” means NHS employment in respect of which the member contributes to the scheme;

“pensionable pay” has the meaning given in regulation C1;

“pensionable service” has the meaning given in regulation C2;

“personal pension scheme” means a personal pension scheme within the meaning of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 (personal pension schemes) which is approved by the Inland Revenue for the purposes of that Chapter;

“practitioner” means a medical or dental practitioner, other than a trainee practitioner or a person who is paid by an employing authority wholly by way of salary;

“preservation requirements” means the requirements of Chapter I of Part IV of the Pension Schemes Act 1993 relating to the preservation of benefits under occupational pension schemes;

“Public Sector Transfer Arrangements” means the arrangements applying to certain public sector and other schemes under which a common basis for transfer payments is applied by the scheme and those other participating schemes;

“quarter” means a 3 month period ending on the last day of March, June, September or December;

“qualifying service” has the meaning given in regulation C3;

“relevant daily proportion” means 1/365th of the amount that would apply in respect of one year;

“remuneration” is defined, for the purposes of Tables 1 and 2 of Schedule 1, in regulations Q4(4) and (5) (paying for additional service by single payment) and Q5(4) and (5) (paying for unreduced retirement lump sum by single payment);

“scheme”, except where the context otherwise requires, means the National Health Service Pension Scheme for England and Wales, the rules of which are set out in these Regulations;

“special class officer” means a member to whom regulation R2 (special provision for certain nurses, physiotherapists, midwives and health visitors) applies or to whom regulation R3 (special provision for certain mental health officers) applies;

“specialist” means a consultant, senior hospital medical officer or senior hospital dental officer;

“State pension age” means age 65 for a man and age 60 for a woman;

“temporary additional session” has the meaning given in regulation R7(3) and (4);

“trainee practitioner” means a person who is being trained in general practice as a trainee general practitioner under arrangements made by the Secretary of State.

Membership

PART B

Membership

S-B1 Membership of the scheme

Membership of the scheme

B1.—(1) Subject to regulation B2 (restrictions on membership), the following persons are eligible to join the scheme—

(a)

(a) officers; and

(b)

(b) medical and dental practitioners and trainee practitioners.

(2) Each eligible person will, on commencing NHS employment, be included in the scheme automatically, unless the person opts not to be included.

(3) A person who, on the coming into force of these Regulations, is not included in the scheme will not be included in the scheme automatically, but, if eligible, may join the scheme by applying on a form provided by the employing authority.

(4) A person who is included in the scheme may opt–out at any time in accordance with regulation B4 (opting–out of the scheme).

S-B2 Restrictions on membership

Restrictions on membership

B2. The following persons may not join the scheme—

(a) persons under the age of 16 or over the age of 70;

(b) special class officers over the age of 65;

(c) persons eligible to participate in a superannuation scheme established under section 9 of the Superannuation Act 197210;

(d) persons who hold honorary appointments and do not at the same time hold any other employment which entitles them to join the scheme.

S-B3 Restriction on further participation in the scheme

Restriction on further participation in the scheme

B3.—(1) Persons who cease to satisfy the conditions for eligibility for membership specified in regulations B1(1) and B2 may not contribute to or accrue further pensionable service under the scheme.

(2) Persons whose pensions under the scheme are payable may not contribute to or accrue further pensionable service under the scheme, except in the cases referred to in regulation E2(11) (further pensionable employment under the age of 50 after early retirement pension becomes payable on grounds of ill–health) and regulation R4(6) (further pensionable employment where early retirement pension becomes payable in respect of concurrent employment on grounds of redundancy).

S-B4 Opting–out of the scheme

Opting–out of the scheme

B4.—(1) A person who does not wish to, or who no longer wishes to, participate in the scheme may opt–out of the scheme at any time by giving notice in writing to his employing authority and such person will be treated as having left pensionable employment on the date the notice takes effect.

(2) Subject to paragraph (3), the notice will take effect from the first day of the pay period immediately following its receipt by the employing authority, unless a later date is specified in the notice.

(3) A person who opts–out of the scheme before the end of the pay period during which the employing authority included that person in the scheme will be treated as never having been included in the scheme.

(4) A notice under paragraph (1) will apply to any subsequent employment with the same employing authority.

(5) Subject to paragraph (6), a person who has opted–out of the scheme may, if eligible to do so, join or rejoin the scheme by giving notice in writing to the employing authority and on so doing will be included in the scheme on the first day of the first pay period after the notice is received or such later date (which must be the first day of a pay period) as is specified in the notice.

(6) A person who has opted–out may not join or rejoin the scheme during a period of absence from work for any reason.

(7) A person shall not be treated as having retired from pensionable employment by reason...

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