The National Health Service (Compensation for Premature Retirement) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate, with minor amendments, the provisions of the National Health Service (Compensation for Premature Retirement) Regulations 1981. They provide for the payment of compensation to or in respect of a person who was employed in the National Health Service in England and Wales and has prematurely retired from that employment by reason of redundancy or in the interests of the efficiency of the service.

Regulations 1 and 2 make provision for the citation, commencement and interpretation of the Regulations.

Reference is made in the definitions of “employing authority” and “officer” in regulation 2 to the Medical School Employment (Superannuation) Direction 1999, the University of London (Postgraduate Deanery Staff) (Superannuation) Direction 1999, the Postgraduate Education in General Practice (Superannuation) Direction 1999, the University (Postgraduate Deanery Staff) (Superannuation) Direction 1999 and the NHS Executive (Postgraduate Deanery Staff) (Superannuation) Direction 1999. Copies of these Directions may be obtained from The NHS Pensions Agency, Hesketh House, 200/220 Broadway, Fleetwood, Lancashire FY7 8LG.

Regulations 3 to 6 specify the conditions necessary to qualify for and the method of calculation of, the compensation and provide for the calculation of pensionable service in part-time employment.

Regulation 7 enables an officer to surrender part of the annual allowance payable to him under these Regulations in favour of his spouse or other dependant.

Regulations 8 and 9 make provision for the payment of compensation to the widow, widower and certain dependants of, or a person nominated by, an entitled officer if he dies after becoming entitled to receive compensation.

Regulations 10 and 11 and Schedule 1 make provision for the adjustment and reduction in certain cases of the compensation so as to take into account pension benefits, other compensation payments and remuneration paid out of public funds in respect of subsequent employment.

Regulations 12 to 15 make miscellaneous provision relating to the supply of information and documents, the non-assignment of compensation payable under the Regulations, the payment of compensation and the determination of questions arising under the Regulations.

Regulation 16 and Schedule 2 make consequential revocations and savings.

These Regulations do not impose any costs on business.