The National Health Service Pension Scheme Regulations 1995

1. Introductory Text

2. PART A Preliminary

   1. A1. Citation and commencement

   2. A2. Interpretation

3. PART B Membership

   1. B1. Membership of the scheme

   2. B2. Restrictions on membership

   3. B3. Restriction on further participation in the scheme

   4. B4. Opting–out of the scheme

4. PART C Pensionable pay, pensionable service and qualifying service

   1. C1. Meaning of “pensionable pay" and “final year’s pensionable pay"

   2. C2. Meaning of “pensionable service"

   3. C3. Meaning of “qualifying service"

5. PART D Contributions

   1. D1. Contributions by members

   2. D2. Contributions by employing authorities

6. PART E Benefits for members

   1. E1. Normal retirement pension

   2. E2. Early retirement pension (ill–health)

   3. E3. Early retirement pension (redundancy etc)

   4. E4. Early retirement pension (employer’s consent)

   5. E5. Early retirement pension (with actuarial reduction)

   6. E6. Lump sum on retirement

7. PART F Lump sum on death

   1. F1. Member dies in pensionable employment

   2. F2. Member dies after pension becomes payable

   3. F3. Member dies with preserved pension

   4. F4. Member dies within 12 months after leaving pensionable employment without pension or preserved pension

   5. F5. Payment of lump sum

8. PART G Widows and widowers

   1. G1. Widow’s pension

   2. G2. Member dies in pensionable employment

   3. G3. Member dies after pension becomes payable

   4. G4. Member dies with preserved pension

   5. G5. Member dies within 12 months after leaving pensionable employment without pension or preserved pension

   6. G6. Member marries after leaving pensionable employment

   7. G7. Widower’s pension

   8. G8. Dependent widower’s pension

   9. G9. Increased widower’s pension

9. PART H Child Allowance

   1. H1. Dependent child

   2. H2. Payment of allowance

   3. H3. Member dies in pensionable employment

   4. H4. Member dies after pension becomes payable

   5. H5. Member dies with preserved pension

   6. H6. Member dies within 12 months after leaving pensionable employment without pension or preserved pension.

   7. H7. Dependent child not being maintained by surviving parent or spouse of a parent

10. PART J Allocation to a spouse or dependant

    1. J1. Allocation of pension

    2. J2. Limits on allocation of pension

    3. J3. Date on which allocation has effect

11. PART K Contracting–out

    1. K1. Contracting–out requirements to be overriding

    2. K2. Guaranteed minimum pensions

    3. K3. Late retirement

    4. K4. Early leavers

    5. K5. Guaranteed minimum pensions transferred to the scheme

    6. K6. Protected rights transferred to the scheme

    7. K7. State scheme premiums

12. PART L Early leavers

    1. L1. Preserved pension

    2. L2. Refund of contributions

    3. L3. Payment of interest with refund of contributions

    4. L4. Early leavers returning to pensionable employment

13. PART M Transfers and buy–outs

    1. M1. Member’s right to transfer or buy–out

    2. M2. Exercising a right to transfer or buy–out

    3. M3. Amount of member’s cash equivalent

    4. M4. Time limit for doing what member requires

    5. M5. Early leaver without pension or preserved pension

    6. M6. Transfers in respect of more than one member

    7. M7. Waiver of transfer payment

14. PART N Transfers from other pension arrangements

    1. N1. Member’s right to transfer accrued rights to benefits to the scheme

    2. N2. Transfers made under the Public Sector transfer Arrangements

    3. N3. Transfers that are not made under the Public Sector Transfer Arrangements

    4. N4. Transfers in respect of more than one member

    5. N5. Waiver of transfer payments

15. PART P Members absent from work

    1. P1. Absence because of illness or injury or maternity leave

    2. P2. Other leave of absence

16. PART Q Right to buy additional service and unreduced retirement lump sum

    1. Q1. Right to buy additional service

    2. Q2. Right to buy an unreduced retirement lump sum

    3. Q3. Electing to buy additional service or unreduced retirement lump sum

    4. Q4. Paying for additional service by single payment

    5. Q5. Paying for unreduced retirement lump sum by single payment

    6. Q6. Paying for additional service or unreduced retirement lump sum by regular additional contributions

    7. Q7. Part payment for additional service or unreduced retirement sum

17. PART R Special provisions for certain members

    1. R1. Practitioners and trainee practitioners

    2. R2. Nurses, physiotherapists, midwives and health visitors

    3. R3. Mental health officers

    4. R4. Members doing more than one job

    5. R5. Part–time employment

    6. R6. Members entitled to fees for domiciliary consultations

    7. R7. Members who work temporary additional sessions

    8. R8. Former members of health service schemes

    9. R9. Members whose earnings are reduced

    10. R10. Polygamous marriages

18. PART S Members who return to NHS employment after pension becomes payable

    1. S1. Suspension of pension on return to NHS employment

    2. S2. Reduction of pension on return to NHS employment

    3. S3. Benefits in respect of pensionable employment after pension becomes payable

    4. S4. Benefits on death in pensionable employment after pension becomes payable

19. PART T General rules about benefits

    1. T1. Claims for benefits

    2. T2. Deduction of tax

    3. T3. Benefits not assignable

    4. T4. Beneficiary who is incapable

    5. T5. Offset for crime negligence or fraud

    6. T6. Loss of rights to benefits

    7. T7. Commutation of trivial pensions

20. PART U Administrative matters

    1. U1. Extension of time limits

    2. U2. Determination of questions

    3. U3. Accounts and actuarial reports

21. PART V Miscellaneous and supplementary

    1. V1. Option to members detrimentally affected by these Regulations

    2. V2. Revocations and savings

22. Signature

23. 1. SCHEDULE 1

       PURCHASE OF ADDITIONAL SERVICE AND UNREDUCED RETIREMENT LUMP SUM

       1. Table 1 Paying for additional service by a single payment

          1. Member’s age when employing authority receives notice of election (1)...

       2. Table 2 Paying for unreduced retirement lump sum by a single payment

          1. Member’s age when employing authority receives notice of election (1)...

       3. Table 3 Paying for additional service by regular additional contributions

          1. Member’s age at next birthday after employing authority receives notice...

       4. Table 4 Paying for unreduced retirement lump sum by regular additional contributions

          1. Member’s age at next birthday after employing authority receives notice...

    2. SCHEDULE 2

       MEDICAL AND DENTAL PRACTITIONERS

       1. 1. Additional definitions used in this Schedule

       2. 2. Application of Regulations with modifications

       3. 3. Meaning of “pensionable earnings"

       4. 4. Calculating “pensionable earnings" of practitioners in partnership

       5. 5. Elections relating to calculation of “pensionable earnings" in partnerships

       6. 6. Meaning of “pensionable earnings" in relation to other practitioners

       7. 7. Exclusions and deductions from pensionable earnings — all practitioners

       8. 8. Limit on pensionable earnings — dental practitioners

       9. 9. Officer service treated as practitioner service

       10. 10. Contributions to the scheme

       11. 11. Normal retirement pension

       12. 12. Early Retirement Pension (ill–health)

       13. 13. Early retirement pension (employer’s consent)

       14. 14. Lump sum on member’s death in pensionable employment or after pension becomes payable

       15. 15. Widow or widower’s pension on member’s death in pensionable employment

       16. 16. Increased widower’s pension

       17. 17. Child allowance — member dies in pensionable employment

       18. 18. Transfers from other pension arrangements

       19. 19. Members absent from work

       20. 20. Right to buy additional service and unreduced retirement lump sum

       21. 21. Members doing more than one job

       22. 22. Reduction of pension on return to NHS employment

    3. SCHEDULE 3

       REVOCATIONS

24. Explanatory Note