The National Health Service Pension Scheme Regulations 1995

Calculating “pensionable earnings” of practitioners in partnership

4.—(1) In the case of practitioners practising in partnership, the pensionable earnings of each principal practitioner shall be calculated by aggregating the pensionable earnings of each (including for this purpose, any amount that would constitute pensionable earnings in the case of any of them who are not included in the scheme) and, subject to sub–paragraph (2), dividing the total equally by reference to the number of such partners.

(2) Where the principal practitioners do not share equally in the partnership profits, they may elect that each practitioner’s pensionable earnings shall correspond to each practitioner’s share of the partnership profits.

(3) Where a medical practitioner practising in partnership also has earnings in respect of NHS employment otherwise than as a practitioner, the practitioners may elect that the pensionable earnings of that practitioner, as determined in accordance with sub–paragraph (1) or (2), shall be reduced by the amount of those earnings and the pensionable earnings of each of them (including that practitioner) be then increased in proportion to their shares in the partnership profits.

(4) The calculations described in sub–paragraphs (2) and (3) will be made by the Family Health Services Authority to which the practitioners are required to give notice of their election in accordance with paragraph 5.