The National Health Service Pension Scheme Regulations 1995

Officer service treated as practitioner service E+W+S

9.—(1) Subject to sub–paragraph (3), if a member does not have more than 10 years’ officer service on first becoming a principal practitioner [F1 or a practitioner providing piloted services under an agreement between that practitioner and a Health Authority [F2 , Primary Care Trust or Local Health Board]], the member’s officer service before first becoming a principal practitioner [F1 or a practitioner providing piloted services under an agreement between that practitioner and a Health Authority [F2 , Primary Care Trust or Local Health Board]] will be treated as practitioner service.

[F3 (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.]

(3) Sub–paragraph (1) does not apply where—

(a) the member first became a principal practitioner before 31st March 1977 and the benefits calculated under the corresponding provision, as it applied immediately before that date, would have been greater; or

(b) the member’s pension in respect of total officer service would otherwise be greater than the member’s pension in respect of total practitioner service (where “pension" includes, in each case, any increases payable under Part I of the Pensions (Increase) Act 1971) and the member’s total pension would be reduced if the member’s officer service before first becoming a principal practitioner were treated as practitioner service.

(4) The calculation described in sub–paragraph (3)(b) will be made when the member’s pension under the scheme becomes payable. If the member dies before his pension becomes payable, the calculation will be made at the date of his death and by reference to the pension which would have become payable under regulation E1 (normal retirement pension) or L1 (preserved pension) if he had left pensionable employment immediately before that date.

(5) When calculating the member’s total officer service and total practitioner service for the purposes of sub–paragraph (3)(b), any increase in the member’s service by virtue of regulation E2 (early retirement pension on grounds of ill–health), and any additional service bought as described in regulation Q1 (right to buy additional service), will be ignored.

[F4 (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.]

(6) Subject to sub–paragraph (8), if a member has, in total, less than one year’s officer service on the last occasion on which he ceases to be a practitioner before his pension under the scheme becomes payable, that officer service will be treated as practitioner service.

[F5 (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.]

(7) For the purpose of calculating any benefit in respect of officer service that is treated as practitioner service under sub–paragraph (6) [F6 or (6A)], the member’s pensionable pay in respect of that officer service will be treated as pensionable earnings.

(8) If the member has been a principal practitioner [F7 or a practitioner providing piloted services under an agreement between that practitioner and a Health Authority or Primary Care Trust], sub–paragraph (1) will be applied before sub–paragraph (6) [F8 or (6A)] and—

(a) [F9 neither sub-paragraph (6) nor (6A) will] apply to any officer service that is treated as practitioner service under sub–paragraph (1) [F10 or (5A)]; and

(b) any officer service that is treated as practitioner service under sub–paragraph (1) [F11 or (5A)] will be ignored for the purpose of deciding whether sub–paragraph (6) [F8 or (6A)] applies.

(9) If any member with practitioner service works in employment as an officer for less than 1 year after last ceasing to be a practitioner, any officer service that is attributable to that employment will be treated as practitioner service.

(10) For the purpose of calculating any benefit in respect of officer service that is treated as practitioner service under sub–paragraph (9), the member’s pensionable pay in respect of that officer service will be treated as pensionable earnings.

(11) Where the officer service mentioned in sub–paragraph (6) [F12 , sub-paragraph (6A)] or sub–paragraph (9) has been credited as a result of a transfer under regulation N1 (member’s right to transfer accrued rights to benefits to the scheme), the pensionable pay in respect of it shall be deemed to be the pensionable pay by reference to which the additional period of service was calculated under regulation N2(3) or N3(2), whichever is applicable.

Textual Amendments

F1 Words in Sch. 2 para. 9(1) inserted (1.4.2001) by The National Health Service Pension Scheme (Amendment) Regulations 2002 (S.I. 2002/561), reg. 1(1)(a), Sch. para. 10(9) (with reg. 3)

F2 Words in Sch. 2 para. 9(1) substituted (with effect from 10.2.2003) by The National Health Service (Pension Scheme, Injury Benefits and Compensation for Premature Retirement) Amendment Regulations 2003 (S.I. 2003/631), regs. 1(1)(2), 3(5)(b)

F3 Sch. 2 para. 9(2) substituted (with effect from 1.4.2003) by The National Health Service Pension Scheme (Amendment) Regulations 2003 (S.I. 2003/2322), regs. 1(1)(2)(b), 2(6)(a)(i)

F4 Sch. 2 para. 9(5A)(5B) inserted (with effect from 1.4.2003) by The National Health Service Pension Scheme (Amendment) Regulations 2003 (S.I. 2003/2322), regs. 1(1)(2)(b), 2(6)(a)(ii)

F5 Sch. 2 para. 9(6A)(6B) inserted (with effect from 1.4.2003) by The National Health Service Pension Scheme (Amendment) Regulations 2003 (S.I. 2003/2322), regs. 1(1)(2)(b), 2(6)(a)(iii)

F6 Words in Sch. 2 para. 9(7) inserted (with effect from 1.4.2003) by The National Health Service Pension Scheme (Amendment) Regulations 2003 (S.I. 2003/2322), regs. 1(1)(2)(b), 2(6)(a)(iv)

F7 Words in Sch. 2 para. 9(8) inserted (1.4.2001) by The National Health Service Pension Scheme (Amendment) Regulations 2002 (S.I. 2002/561), reg. 1(1)(a), Sch. para. 10(9) (with reg. 3)

F8 Words in Sch. 2 para. 9(8) inserted (with effect from 1.4.2003) by The National Health Service Pension Scheme (Amendment) Regulations 2003 (S.I. 2003/2322), regs. 1(1)(2)(b), 2(6)(a)(v)(aa)

F9 Words in Sch. 2 para. 9(8) substituted (with effect from 1.4.2003) by The National Health Service Pension Scheme (Amendment) Regulations 2003 (S.I. 2003/2322), regs. 1(1)(2)(b), 2(6)(a)(v)(bb)

F10 Words in Sch. 2 para. 9(8)(a) inserted (with effect from 1.4.2003) by The National Health Service Pension Scheme (Amendment) Regulations 2003 (S.I. 2003/2322), regs. 1(1)(2)(b), 2(6)(a)(v)(cc)

F11 Words in Sch. 2 para. 9(8)(b) inserted (1.4.2004) by The National Health Service (Pension Scheme and Injury Benefits) Amendment Regulations 2004 (S.I. 2004/665), regs. 1(1), 3(6)

F12 Words in Sch. 2 para. 9(11) inserted (with effect from 1.4.2003) by The National Health Service Pension Scheme (Amendment) Regulations 2003 (S.I. 2003/2322), regs. 1(1)(2)(b), 2(6)(a)(vi)