1991 No. 584
The National Health Service Superannuation, Premature Retirement and Injury Benefits (Amendment) Regulations 1991
Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of the powers conferred by sections 10(1), (2), (3) and (3A), 12(1) and (2) and 24(1), (3) and (4) of, and Schedule 3 to, the Superannuation Act 19721 and of all other powers enabling him in that behalf, after consulting such representatives of persons likely to be affected by these Regulations as appear to him to be appropriate2 and with the consent of the Treasury3, hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the National Health Service Superannuation, Premature Retirement and Injury Benefits (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations—
“the principal Regulations” means the National Health Service (Superannuation) Regulations 19804;
“the compensation Regulations” means the National Health Service (Compensation for Premature Retirement) Regulations 19815 ; and
“the injury benefits Regulations” means the National Health Service (Injury Benefits) Regulations 19746 .
Amendment of regulation 3 of the principal Regulations2
In regulation 3 of the principal Regulations (definitions)—
a
after the definition of “death gratuity” there shall be inserted the following definition—
“Dental Practice Board” has the same meaning as in section 12 of the Health and Medicines Act 19887
b
at the end of the definition of “employing authority” there shall be added the words “and a National Health Service trust established under section 5 of the National Health Service and Community Care Act 19908”;
c
after the definition of “non-participating employment” there shall be inserted the following definition—
“non-recurring bonus” means a payment made in recognition of performance in a particular period which—
- a
falls to be paid only once in respect of that period; and
- b
is an addition to the salary of an officer where either—
- i
the officer is entitled to the maximum salary which is payable in respect of his post; or
- ii
the officer has retired from his post before the date of the payment;
d
in the definition of “remuneration” after the words “but does not include” there shall be inserted the words “any non-recurring bonus,”.
Amendment of regulation 6 of the principal Regulations3
In regulation 6 of the principal Regulations (participation in superannuation scheme)—
a
in paragraph (1), at the beginning there shall be inserted the words “Subject to paragraph (1A)”;
b
after paragraph (1) there shall be inserted the following paragraph—
1A
An officer who has been a general dental practitioner and who has received a pension under regulation 8(1)(a)(vi) on account of the termination of an arrangement to provide general dental services pursuant to section 35 of the Act of 1977 shall not accrue further entitlement to benefit under the scheme.
Insertion of regulation 7A into the principal Regulations4
After regulation 7 of the principal Regulations (contributions) there shall be inserted the following regulation—
Recovery of early retirement costs from employing authorities7A
1
The relevant employing authority shall make contributions to the Secretary of State equal to—
a
the cost of providing the following benefits—
i
annual pension under regulation 8(1)(a)(vi) or 8(5)(a) of these Regulations (early retirement) in respect of pensioners under the age of 60, or under the age of 55 where regulation 54, 55(1)(a) or 55(2)(a) applies; and
ii
compensation under regulation 4(1), 6(1) or 7 of the compensation Regulations (payments on early retirement and death); and
b
the cost of providing any increase in the amount of any benefit to which paragraph (a) applies which is payable under the Pensions (Increase) Act 19719.
2
Where the relevant employing authority is under a duty to make any payment under paragraph (1) above, it shall make that payment to the Secretary of State before the end of the quarter following the quarter in which the benefits referred to in that paragraph became payable.
3
In this regulation—
“relevant employing authority” means the employing authority from whose employment the officer has been certified as retired under regulation 8(7) of these Regulations;
“the compensation Regulations” means the National Health Service (Compensation for Premature Retirement) Regulations 198110.
Amendment of regulation 67 of the principal Regulations5
In regulation 67 of the principal Regulations (application to practitioners)—
a
in paragraph (1), for the reference “paragraph (2)” there shall be substituted the reference “paragraphs (2) and (4)”;
b
after paragraph (3) there shall be inserted the following paragraph—
4
A practitioner who has been a general dental practitioner and who has received a pension under regulation 8(1)(a)(vi) on account of the termination of an arrangement to provide general dental services pursuant to section 35 of the Act of 1977 shall not accrue further entitlement to benefit under the scheme.
Amendment of regulation 69 of the principal Regulations6
In regulation 69 of the principal Regulations (meaning of “remuneration” in relation to practitioners), in paragraph (2)(i) and in proviso (e) to paragraph (2), after the words “Family Practitioner Committee” there shall be inserted in both places the words “or the Dental Practice Board”.
Amendment of regulation 85 of the principal Regulations7
In regulation 85 of the principal Regulations (determination of questions)—
a
after the word “widow” there shall be inserted the word “, widower,”; and
b
the words “and his decision thereon shall be final” shall be omitted.
Amendment of regulation 2 of the compensation Regulations8
In regulation 2 of the compensation Regulations (definitions)—
a
in the definition of “employing authority”, after sub-paragraph (e) there shall be added the following sub-paragraph—
f
a National Health Service trust established under section 5 of the National Health Service and Community Care Act 199011;
b
in the definition of “officer”, in sub-paragraph (a), after the words “a practitioner as defined in regulation 3 of those regulations” there shall be inserted the words “, except a dental practitioner who satisfies the conditions set out in regulation 8(7) of the superannuation regulations (early retirement benefits),”.
Amendment of regulation 6 of the compensation Regulations9
In regulation 6 of the compensation Regulations (compensation payable to widow or dependants), after the word “widow” in each place where it occurs there shall be inserted the word “, widower”.
Amendment of regulation 7 of the compensation Regulations10
In regulation 7 of the compensation Regulations (compensation where death gratuity becomes payable) after the word “widow” there shall he inserted the word “, widower”.
Amendment of regulation 2 of the injury benefits Regulations11
In regulation 2 of the injury benefits Regulations (definitions) in the definition of “employing authority”—
a
in sub-paragraph (e) the word “or” shall be deleted in the last place in which it occurs;
b
the following sub-paragraph shall be added after sub-paragraph (f)—
g
a special health authority;
c
the following sub-paragraph shall be added after sub-paragraph (g)—
h
a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990
Amendment of regulation 4 of the injury benefits Regulations12
In regulation 4(6)(b) of the injury benefits Regulations (statutory benefits to be taken into account in assessing scale of benefits)—
a
in head (ii) sub-heads B and D shall be omitted;
b
the following head shall be inserted after head (v)—
vi
in the case of any person who is in the employment of an employing authority on or after 1st April 1991—
A
any reduced earnings allowance payable under section 59A of the Social Security Act 197512 in respect of the injury or disease;
B
any retirement allowance payable under section 59B of the Social Security Act 197513 in respect of the injury or disease.
Amendment of regulation 7 of the injury benefits Regulations13
In regulation 7 of the injury benefits Regulations (widow’s and widower’s allowance)—
a
the following paragraph shall be substituted for paragraph (1)—
7
1
Subject to paragraphs (2), (3) and (4) and to regulation 10, there shall be payable to the widow or widower of a person mentioned in regulation 6 an annual allowance of the amount, if any, which when added to the amount of any pension payable under the relevant pension scheme in respect of the deceased, to or for the benefit of the widow or widower, will provide an income of 45 per cent of the deceased’s average remuneration.
b
in paragraph (2)—
i
for the reference to “3 months” there shall be substituted a reference to “6 months”; and
ii
for the words “his widow” there shall be substituted the words “the widow or widower”;
c
in paragraph (4), at the beginning there shall be inserted the words “Where the deceased died before 6th April 1988”.
Amendment of regulation 11 of the injury benefits Regulations14
In regulation 11(1) of the injury benefits Regulations lump sum payment on death) for the words “one-quarter” there shall be substituted the words “one half”.
Amendment of regulation 20 of the injury benefits Regulations15
In regulation 20 of the injury benefits Regulations (determination of questions)—
a
after the word “widow” there shall be inserted the word “, widower”; and
b
the words “whose determination shall be final” shall be omitted.
Regulations having retrospective effect16
1
Regulation 11(a) and (b) of these Regulations shall have effect from 9th October 1974.
2
Regulations 9, 10 and 13(b)(ii) and (c) of these Regulations shall have effect from 6th April 1988.
3
Regulation 13(a) of these Regulations shall have effect from 11th April 1988.
Signed by authority of the Secretary of State for Health.
we consent to the making of these regulations.
(This note is not part of the Regulations)