The Pensions Increase (Approved Schemes) (National Health Service) Amendment Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Pensions Increase (Approved Schemes) (National Health Service) Regulations 1976 (“the 1976 Regulations”). Those Regulations provide for payments to certain persons who, having elected to secure their superannuation benefits through schemes which operate by way of insurance policies to produce lump sums or annuities, or both, on retirement (persons who so elect being known as“optants”), have retired from employment in the National Health Service, and would have been eligible for increases under the Pensions (Increase) Act 1971 had they been pensionable under the National Health Service superannuation scheme.

The main provisions of these Regulations bring within the scope of the 1976 Regulations certain persons who were hitherto not covered, namely persons who have ceased to be optants and within 12 months (or a longer period if allowed by the Secretary of State) of so ceasing have either become members of the National Health Service superannuation scheme or entered employment which is related to the provision of health or allied services and approved for the purpose of these Regulations by the Secretary of State. Provision is also made for persons who made similar arrangements in relation to their superannuation benefits whilst employed in the civil service or local government but subsequently became superannuable under the National Health Service superannuation scheme. Persons in these various categories may have ceased to be optants at any time but are entitled to payments by virtue of these Regulations only from the operative date of these Regulations.

In addition these Regulations make an amendment to the wording in the 1976 Regulations which relates to those persons who qualify for payments partly by reason of disablement.