The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/381 |
| Year | 2009 |
2009 No. 381
National Health Service, England And Wales
The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009
Made 23th February 2009
Laid before Parliament 3rd March 2009
Coming into force 1st April 2009
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 10(1) and (2), 12(1), (2) and (4) of, and Schedule 3 to, the Superannuation Act 19721, with the consent of the Treasury2.
In accordance with section 10(4) of that Act, the Secretary of State has consulted with representatives of persons likely to be affected by these Regulations, as appeared to the Secretary of State to be appropriate.
PART 1
Introductory
Citation, commencement and effect
1.—(1) These Regulations may be cited as the National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009.
(2) These Regulations shall come into force on 1st April 2009 and, save as provided in paragraphs (3) to (6), shall have effect from 1st April 2009.
(3) The following regulations shall have effect from 6th April 2009—
(a)
(a) regulation 14;
(b)
(b) regulation 23;
(c)
(c) regulations 32(a);
(d)
(d) regulation 33(c);
(e)
(e) regulation 34;
(f)
(f) regulation 49;
(g)
(g) regulation 51;
(h)
(h) regulation 56;
(i)
(i) regulations 62(a);
(j)
(j) regulation 63(c);
(k)
(k) regulation 64;
(l)
(l) regulation 80;
(m)
(m) regulation 82.
(4) The following regulations shall have effect from 1st April 2008—
(a)
(a) regulation 16;
(b)
(b) regulation 38;
(c)
(c) regulation 40(c);
(d)
(d) regulation 43;
(e)
(e) regulation 46(b);
(f)
(f) regulation 53(a);
(g)
(g) regulation 66(b);
(h)
(h) regulation 68;
(i)
(i) regulation 71(c);
(j)
(j) regulation 74;
(k)
(k) regulation 77(b);
(l)
(l) regulation 78(b).
(5) Regulation 85 and 86 shall have effect from 1st April 2004.
(6) Regulation 13(3) shall have effect from 6th March 1995.
PART 2
Amendment of the National Health Service Pension Scheme Regulations 1995
Interpretation of Part 2
2. In this Part an alphanumerical reference to a regulation or a reference to a Schedule is a reference to a provision of the National Health Service Pension Scheme Regulations 19953bearing that designation.
Amendment of regulation B3
3. In regulation B3 (restriction on further participation in the scheme) for paragraph (2), substitute—
“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—
(a) regulation E2(11);
(b) regulation E2A(11) but subject to paragraph (3);
(c) regulation R4(6).
3 Persons to whom—
(a) regulation E2B(3)(a) applies may not (except where paragraph (b) applies) contribute to or accrue further pensionable service under the scheme from the date the Secretary of State makes a determination under that regulation;
(b) paragraph (a) applies may contribute to or accrue further pensionable service under the scheme from the day after the first anniversary of that person’s NHS employment following the date of the Secretary of State’s determination under regulation E2B if that person is under the age of 50 on that day.”.
Amendment of regulation D1
4. For paragraphs (1) to (2T) of regulation D1 (contributions by members), substitute—
“1 Each member in pensionable employment must contribute to the scheme in accordance with the following paragraphs of this regulation.
1A For the 2009-2010 scheme year and each subsequent scheme year, a member whose pensionable pay falls into a pay band specified in column 1 of the following table must contribute the percentage of the member’s pensionable pay specified in column 2 of that table in respect of that amount.
|
Column 1 Pay band |
Column 2 Contribution percentage rate |
Up to £20,224 |
5% |
£20,225 to £66,789 |
6.5% |
£66,790 to £105,318 |
7.5% |
£105,319 to any higher amount |
8.5% |
2 The Secretary of State may, with the consent of the Treasury, make a determination substituting any or all of the pay bands or contribution percentage rates specified in paragraph (1A) with effect from a date specified in the determination.
2A Before making a determination under paragraph (2), the Secretary of State must consider—
(a) the advice of the Scheme Actuary, and
(b) in accordance with regulation U4 (cost sharing), advice from such employee and employer representatives as the Secretary of State considers appropriate.
2B For the purposes of this regulation—
(a) “previous scheme year” means the scheme year immediately preceding the scheme year in respect of which contributions are payable in accordance with this regulation (“the current scheme year”); and
(b) if a member holds two or more pensionable employments at the same time—
(i) the determinations referred to in paragraphs (2E) to (2V) shall apply to each such employment separately; and
(ii) each such employment shall be treated separately for the purpose of paying contributions.
2C Subject to paragraphs (2Q) and (2R), for the purposes of determining the relevant annual contribution rate for the current scheme year paragraphs (2D) to (2P) apply to a member who is in pensionable employment with the same employing authority on both the last day of the previous scheme year and the first day of the current scheme year.
2D For the purposes of paragraphs (2E) to (2P)—
(a) a member shall be regarded as being in pensionable employment throughout the previous scheme year regardless of any period in that year during which the member continued to be employed by the same employer but did not make contributions to the scheme;
(b) for the purposes of calculating the member’s pensionable pay—
(i) contributions for any period referred to in (a) shall be deemed to have been paid, and
(ii) any additional pensionable pay that the member is treated as having received during an absence from work in accordance with regulation P1 or P2 shall be included;
(c) the amount of pensionable pay determined in accordance with those paragraphs shall be rounded down to the nearest whole pound.
2E If a member—
(a) was in pensionable employment with an employing authority on a whole-time basis throughout the previous scheme year;
(b) paid contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and
(c) is employed by that authority on the first day of the current scheme year,
the member shall pay contributions during the current scheme year at the rate specified in column 2 of the table in paragraph (1A) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay received during the previous scheme year.
2F If a member—
(a) was in pensionable employment with an employing authority on a part-time basis throughout the previous scheme year;
(b) paid contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and
(c) is employed by that authority on the first day of the current scheme year,
the member shall pay contributions during the current scheme year at the rate specified in column 2 of the table in paragraph (1A) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member’s pensionable pay determined by reference to the amount the Secretary of State determines would have been paid in respect of a single comparable whole-time employment during the previous scheme year.
2G If a member—
(a) was in pensionable employment with an employing authority on a combination of a whole-time and part-time basis throughout the previous scheme year;
(b) paid contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and
(c) is employed by that authority on the first day of the current scheme year,
the member shall pay contributions during the current scheme year at the rate specified in column 2 of the table in paragraph (1A) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the aggregate of—
(i) the member’s pensionable pay received during the previous scheme year in respect of the member’s whole-time employment, and
(ii) the amount the Secretary of State determines would have been paid in respect of a single comparable whole-time employment for that period in respect of the member’s part-time employment.
2H If a member—
(a) was in pensionable employment with an employing authority on a whole-time basis throughout the previous scheme year;
(b) did not pay contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and
(c) is employed by that authority on the first day of the current scheme year,
the member shall pay contributions during the current scheme year at the rate specified in column 2 of the table in paragraph (1A) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay determined by the formula—
where—
RPP is the pensionable pay received in respect of that employment for the period commencing on the date the member’s contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year;
NDPE is the number of days of pensionable employment with that authority commencing on the date the member’s contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year.
2I If a member—
(a) was in pensionable employment with an employing authority on a part-time basis throughout the previous scheme year;
(b) did not pay contributions in respect...
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