The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019

JurisdictionUK Non-devolved
CitationSI 2019/418

2019 No. 418

National Health Service, England And Wales

Public Service Pensions, England And Wales

The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019

Made 28th February 2019

Laid before Parliament 4th March 2019

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State for Health and Social Care makes the following Regulations in exercise of the powers conferred by sections 10(1), (2) and (2A), and 12(1) and (2) of, and Schedule 3 to, the Superannuation Act 19721and sections 1(1) and (2)(e), 3 and 18(5), and paragraph 5(a) of Schedule 2 and Schedule 3 to, the Public Service Pensions Act 20132.

In accordance with section 10(4) of the Superannuation Act 1972 and section 21 of the Public Service Pensions Act 2013, the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State likely to be affected by these Regulations3.

In accordance with section 10(1)4of the Superannuation Act 1972 and section 3(5) of the Public Service Pensions Act 2013, these Regulations are made with the consent of the Treasury.

1 Introductory

PART 1

Introductory

S-1 Citation, commencement and effect

Citation, commencement and effect

1.—(1) These Regulations may be cited as the National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019.

(2) Save as provided in paragraph (3), these Regulations come into force on 1st April 2019.

(3) Regulations 3(2), 3(4), 3(7), 7 to 9, 11, 27 to 31, 43(3)(a) and (c), 44, 48 to 49, 52 to 53, 59(2) and (3), 60, 65 to 66, 69 to 70, 77, 84 to 85, 88 to 89 and 94(a) and (c) come into force on 6th April 2019.

(4) Regulation 6 has effect from 1st April 2018.

(5) Regulations 82 to 83, 86 to 87, 90, 91(2) and 107 have effect from 1st April 2015.

(6) Regulations 40(3)(b) and 63(a) have effect from 1st April 2014.

(7) Regulations 58 and 75 have effect from 1st April 2010.

(8) Regulations 57 and 74 have effect from 1st October 2009.

(9) Regulations 3(3), 10, 12 to 13, 18 to 19, 21(b), 22 to 26, 32(3), 33(3), 34 to 36, 37(2), 40(5), 50 to 51, 54, 55(2), 67 to 68, 71, 72(2), 96 to 98 and 100 to 105 have effect from 1st April 2008.

(10) Regulations 14 to 17, 20, 21(a) and (c), 32(2), 33(2), 38 and 40(4) have effect from 5th December 2005.

2 Amendments to the National Health Service Pension Scheme Regulations 1995

PART 2

Amendments to the National Health Service Pension Scheme Regulations 1995

S-2 General

General

2. The National Health Service Pension Scheme Regulations 19955are amended in accordance with this Part.

S-3 Amendment of regulation A2

Amendment of regulation A2

3.—(1) Regulation A2 (interpretation) is amended as follows.

(2) After the definition of “the 2015 Scheme”6insert—

““the 2016 Order” means the Pensions Act 2014 (Contributions Equivalent Premium) (Consequential Provision) and (Savings) (Amendment) Order 20167;”.

(3) At the appropriate place in the alphabetical order insert—

““scheme partner” has the meaning given in regulation G14(7);

“surviving scheme partner” has the meaning given in regulation G14(8);”.

(4) For the definition of “contracting-out requirements” substitute

““contracting-out requirements” means the requirements mentioned in—

(a) paragraphs 1(a)(ii) and (2) of regulation 18 (payment of a lump sum instead of a pension); and

(b) paragraphs (5) and (6) of regulation 25 (payment of lump sum instead of a pension),

of the Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 20158;.”.

(5) For the definition of “NHS standard sub-contract”9substitute—

““NHS standard sub-contract” means a sub-contract that complies with the National Health Service Commissioning Board’s guidance “NHS Standard Sub-Contract for the Provision of Clinical Services 2017/18 and 2018/19 (full length and shorter-form versions) Guidance”10;”.

(6) For the definition of “officer” substitute—

““officer” means a person employed by an employing authority including a GP Registrar and a non-GP provider, but does not include—

(a) a GP performer;

(b) a dentist performer;

(c) a person engaged under a contract for services;”.

(7) For the definition of “section 9(2B) rights” substitute—

““section 9(2B) rights” has the same meaning given in the Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015;”.

(8) Omit the definition of “CCT11”.

S-4 Amendment of regulation D1

Amendment of regulation D1

4. In regulation D1 (contributions by members), in paragraph (1A)12, for—

(a) “of the scheme years 2015-2016 to 2018-2019 inclusive”, substitute “scheme year from 2015-2016”;

(b) the heading to the table, substitute “Scheme Years from 2015-16”.

S-5 Amendment of regulation D2

Amendment of regulation D2

5. In regulation D2 (contributions by employing authorities), in paragraph (2), for “14.3%” substitute “20.6%”13.

S-6 Amendment of regulation D3

Amendment of regulation D3

6. In regulation D3 (further contributions by employing authorities in respect of excessive pay increases), after paragraph (19A) insert—

S-19B

“19B An increase in a member’s pensionable pay pursuant to the “Framework agreement on the reform of Agenda for Change” adopted on 27 June 201814is to be ignored for the purposes of this regulation.”.

S-7 Amendment of regulation E1

Amendment of regulation E1

7. In regulation E1 (normal retirement pension), in paragraph (4), for “consistent” to the end substitute—

“consistent with—

(a)

(a) the contracting-out requirements; and

(b)

(b) the preservation requirements.”.

S-8 Amendment of regulation E2

Amendment of regulation E2

8. In regulation E2 (early retirement pension (ill-health)), in paragraph (7), for “consistent” to the end substitute—

“consistent with—

(a)

(a) the contracting-out requirements; and

(b)

(b) the preservation requirements.”.

S-9 Amendment of regulation E2A

Amendment of regulation E2A

9. In regulation E2A (ill health pension on early retirement), in paragraph (7), for “consistent” to the end substitute—

“consistent with—

(a)

(a) the contracting-out requirements; and

(b)

(b) the preservation requirements.”.

S-10 Amendment of regulation F5

Amendment of regulation F5

10. In regulation F5 (payment of lump sum), for paragraph (12)15substitute—

S-12

“12 In this regulation “surviving partner” means—

(a) a surviving scheme partner; or

(b) one of the following, who survives the member—

(i) a widow;

(ii) a widower;

(iii) a civil partner.”.

S-11 Amendment of regulation G5

Amendment of regulation G5

11. In regulation G5 (member dies within 12 months after leaving pensionable employment without pension or preserved pension), in paragraph (2), for “section 55(2) of the Pension Schemes Act 1993” substitute “section 55 of the 1993 Act or article 3 of the 2016 Order”.

S-12 Amendment of regulation G6

Amendment of regulation G6

12. In regulation G6 (member marries after leaving pensionable employment), in paragraph (4)—

(a) for “nominated partner” substitute “scheme partner”;

(b) for “nominated partner’s pension” substitute “scheme partner’s pension”;

(c) for “nominated partner pension” substitute “surviving scheme partner’s pension”.

S-13 Amendment of regulation G9

Amendment of regulation G9

13. In regulation G9 (increased widower’s pension), in paragraph (5), in sub-paragraph (b), for “nominated partner” substitute “scheme partner”.

S-14 Amendment of regulation G10

Amendment of regulation G10

14.—(1) Regulation G10 (surviving civil partner’s pension) is amended as follows.

(2) In paragraph (2), omit “Subject to paragraph (3),”.

(3) Omit paragraphs (3), (4) and (5).

S-15 Omission of regulation G11

Omission of regulation G11

15. Omit regulation G11 (dependent surviving civil partner’s pension).

S-16 Omission of regulation G12

Omission of regulation G12

16. Omit regulation G12 (purchase of surviving civil partner’s pension in respect of service prior to 6th April 1988).

S-17 Omission of regulation G13

Omission of regulation G13

17. Omit regulation G13 (increased surviving civil partner’s pension).

S-18 Amendment of regulation G14

Amendment of regulation G14

18. For regulation G1416(surviving nominated partner’s pension), substitute—

S-G14

Surviving scheme partner’s pension

G14.—(1) This regulation applies on the death of a member, if—

(a)

(a) the member has pensionable service on or after 1st April 2008,

(b)

(b) the member dies in any of the circumstances described in regulations G2 to G6, and

(c)

(c) the member leaves a surviving scheme partner.

(2) Where this regulation applies, a surviving scheme partner is entitled to a surviving scheme partner’s pension.

(3) A surviving scheme partner’s pension is calculated and paid—

(a)

(a) in accordance with regulations G1 to G6, as they apply to pensions for widows, and

(b)

(b) excluding any part of the member’s benefit that is based on pensionable service before 6th April 1988.

(4) Paragraph 3(b) is subject to the following—

(a)

(a) if regulation G2(3) or (3C) or regulation G4(2) or (2A) applies to the calculation of a surviving scheme partner’s pension on a member’s death in pensionable employment or with a preserved pension—

(i) the whole of the member’s pensionable service is taken into account when calculating whether and, if so, the extent to which there would have been an increase, by the application of regulation E2(3) or regulation E2A(4), in the pensionable service on which the member’s pension, under regulation E2 or regulation E2A, would have been based, and

(ii) the whole period, if any, by which the member’s pension would have increased, is treated, in this regulation, as pensionable service after 5th April 1988 for the purpose of calculating a surviving scheme partner’s pension;

(b)

(b) if regulation G3(2) applies, so that the surviving scheme partner’s pension is equal to the member’s pension for a limited period, the surviving scheme partner’s pension for that limited period is equal to the whole of the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT