The National Health Service Pension Scheme (Amendment) Regulations 2003

Amendment of the National Health Service Pension Scheme Regulations 1995

2.—(1) The National Health Service Pension Scheme Regulations 1995(1) shall be amended in accordance with the following paragraphs.

(2) For regulation C1(3)(meaning of “pensionable pay” and “final year’s pensionable pay”) there shall be substituted the following paragraph—

“(3) In the case of a member who—

(a) joined the scheme before 1st June 1989 and has a break in pensionable employment on or after that date—

(i) any pensionable pay earned preceding the break in that employment in excess of the permitted maximum will not be ignored;

(ii) any pensionable pay earned after the break in that employment in excess of the permitted maximum will be ignored;

(b) joined the scheme before 1st June 1989 and to whom sub-paragraph (a) does not apply, pensionable pay in excess of the permitted maximum will not be ignored.”.

(3) In regulation F5 (payment of lump sum)—

(a) in paragraph (3)—

(i) in sub-paragraph (a)—

(aa) after the word “notice” in the first place where it occurs, there shall be inserted the words “in writing”;

(bb) the words “in accordance with paragraph (3B) below” shall be omitted;

(ii) after sub-paragraph (a), there shall be inserted the following sub-paragraph—

“(aa) the widow or widower has been convicted of an offence specified in regulation T6(1A) and the Secretary of State has directed, as a consequence of that conviction, that the widow’s or widower’s right to a payment in respect of the member’s death shall be forfeited; or”;

(b) in paragraph (3A)—

(i) after the word “notice” in the first place where it occurs, there shall be inserted the words “in writing”;

(ii) the words “in accordance with paragraphs (3B) and (3C) below” shall be omitted;

(iii) after sub-paragraph (a), there shall be inserted the following sub-paragraph—

“(aa) that person has been convicted of an offence specified in regulation T6(1A) and the Secretary of State has directed, as a consequence of that conviction, that that person’s right to a payment in respect of the member’s death shall be forfeited; or”;

(c) for paragraph (3B), there shall be substituted the following paragraph—

“(3B) Notice given to the Secretary of State for the purpose of paragraph (3) or (3A) may, at any time, be revoked in writing.”;

(d) in paragraph (3C), after the word “shall”, there shall be inserted the words “only be given by a member who is in pensionable service under the scheme and shall”.

(4) For regulation L4(8)(early leavers returning to pensionable employment) there shall be substituted the following paragraph—

“(8) If a member’s pensionable employment before and after a break in pensionable employment (the “pre-break period” and the “post-break period” respectively) is treated separately, the member’s benefits in respect of such employment in the pre-break period and the post-break period shall be calculated—

(a) separately; and

(b) by reference to—

(i) the member’s pensionable service comprising that pre-break or post-break period as the case may be; and

(ii) his final year’s pensionable pay in respect of that particular period,

as if that period had been his only period of pensionable employment.”.

(5) In Part P (members absent from work)—

(a) in the title to regulation P1, for the words “maternity leave”, there shall be substituted the words “certain types of leave”;

(b) in regulation P1—

(i) in sub-paragraph (1), after the words “maternity leave”, there shall be inserted the words “, adoption leave or paternity leave”;

(ii) in sub-paragraph (4)(b), for the words “woman on maternity leave” there shall be substituted the words “member on maternity leave, adoption leave or paternity leave”.

(6) In Schedule 2 (medical and dental practitioners)—

(a) in paragraph 9 (officer service treated as practitioner service)—

(i) for sub-paragraph (2), there shall be substituted the following sub-paragraph—

“(2) For the purpose of calculating any benefit in respect of officer service that is treated as practitioner service under sub-paragraph (1), the member’s pensionable pay in respect of that officer service—

(a) may be disregarded and his uprated earnings increased by the same proportion as his practitioner’s service is increased by virtue of the officer service being treated as practitioner service under sub-paragraph (1); or

(b) may be treated as pensionable earnings,

whichever is the more favourable to him.”;

(ii) after sub-paragraph (5), there shall be inserted the following sub-paragraphs—

“(5A) Where a member has more than 10 years' officer service before first becoming—

(a) a principal practitioner; or

(b) a practitioner providing piloted services under an agreement between that practitioner and a Health Authority, Primary Care Trust or Local Health Board,

• the member’s officer service before first becoming such a practitioner may be treated as practitioner service if it would be more favourable to him.

(5B) For the purpose of calculating any benefits in respect of officer service that is treated as practitioner service under sub-paragraph (5A), the member’s pensionable pay in respect of that officer service shall be treated as pensionable earnings.”;

(iii) after sub-paragraph (6), there shall be inserted the following sub-paragraphs—

“(6A) Subject to sub-paragraph (8), if a member has in total, 1 year’s officer service or more on the last occasion on which he ceases to be a practitioner before his pension under the scheme becomes payable, that officer service may be treated as practitioner service if it would be more favourable to him.

(6B) Any officer service which is treated as practitioner service by virtue of sub-paragraph (6) or (6A) shall include any periods of officer service which are concurrent with periods of practitioner service.”;

(iv) in sub-paragraph (7), after “sub-paragraph (6)” there shall be inserted “or (6A)”;

(v) in sub-paragraph (8)—

(aa) after “sub-paragraph (6)”, in the first and third places where it occurs, there shall be inserted “or (6A)”;

(bb) for the words “sub-paragraph (6) will not”, there shall be substituted the words “neither sub-paragraph (6) nor (6A) will”;

(cc) in paragraph (a), after “sub-paragraph (1)” there shall be inserted “or (5A)”;

(vi) in sub-paragraph (11), after “sub-paragraph (6)”, there shall be inserted “, sub-paragraph (6A)”;

(b) after paragraph 11, there shall be inserted the following paragraph—

“Practitioners with benefits from both practitioner and officer service

11A.— (1) A member—

(a) who has at least two years' qualifying service or in respect of whom a transfer payment has been made to the scheme in respect of his rights under a personal pension scheme;

(b) who ceases to be in officer service while continuing in practitioner service; and

(c) whose officer service is not treated as practitioner service under paragraph 9(5A) or (6A),

shall be entitled to receive a separate pension and retirement lump sum in respect of his officer service.

(2) A member—

(a) who has at least two years' qualifying service or in respect of whom a transfer payment has been made to the scheme in respect of his rights under a personal pension scheme; and

(b) who ceases, or who ceased before 1st April 2003, to be in practitioner service while continuing in officer service on or after that date,

shall be entitled to receive a separate pension and retirement lump sum in respect of such of his pensionable service as is specified in sub-paragraph (3).

(3) The pensionable service specified for the purposes of sub-paragraph (2) is—

(a) any practitioner service; and

(b) any officer service which falls to be treated as practitioner service under paragraph 9.

(4) Subject to sub-paragraph (5), the amount of any pension or retirement lump sum which a member is entitled to receive under sub-paragraph (1) or (2) shall be the same as the amount of the pension or retirement lump sum which the member would have been entitled to receive under these Regulations if he had left pensionable employment on the day on which he ceased to be in officer service or, as the case may be, ceased to be in practitioner service.

(5) A member who is entitled to a pension and retirement lump sum under sub-paragraph (2) shall, if it would be more favourable to him, be treated as having continued in practitioner service until the last day of his pensionable employment.”.

(1)

S.I. 1995/300; the relevant amending instruments are S.I. 2000/605, 2002/561 and 2003/631.