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The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000

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InterpretationE+W

2.—(1) In these Regulations—

[F1“the 1993 Act” means the Pension Schemes Act 1993;]

[F2“the 1995 Regulations” means the National Health Service Pension Scheme Regulations 1995;]

[F1“the 1999 Act” means the Welfare Reform and Pensions Act 1999;]

[F3“the 2004 Act” means the Finance Act 2004;]

[F2“the 2008 Regulations” means the National Health Service Pension Scheme Regulations 2008;]

[F4“the 2009 Regulations” means the Registered Pension Schemes (Authorised Payments) Regulations 2009;]

[F4“the 2014 Act” means the Taxation of Pensions Act 2014;]

[F4“the 2015 Regulations” means the National Health Service Pension Scheme Regulations 2015;]

[F1“the AVC scheme” means the scheme whose rules are set out in these Regulations;]

F5...

F6...

F7...

[F1“appropriate rights” means rights which are described in paragraph 5 of Schedule 5 to the 1999 Act (pension credits: mode of discharge—appropriate rights);]

“approved scheme” means a retirement benefit scheme approved under Chapter I of Part XIV of the Taxes Act (retirement benefit schemes);

[F8“authorised fund” means a fund managed by—

(a)

an authorised provider selected by the Secretary of State for the purposes of these Regulations; or

(b)

any successor, transmittee or assignee of any person in paragraph (a) who is—

(i)

an authorised provider; and

(ii)

approved by the Secretary of State;]

[F9“authorised provider” in relation to any benefit means a person listed in section 154(1)(a) to (g) of the Finance Act 2004 in relation to the provision of that benefit;]

[F10“child” means a person who qualifies for—

(a)

a child’s allowance under regulation H2 of the 1995 Regulations; F11...

(b)

a child’s pension under regulation 2.E.8 or 3.E.8 of the 2008 Regulations; [F12or

(c)

a child’s pension under regulation 121 of the 2015 Regulations;]]

[F13“civil partner” and “civil partnership” are to be construed in accordance with regulation 2A;]

“contributor” means a person in respect of whom an election under regulation 3(1) has effect;

[F10“date of retirement” means the date on which benefits become payable to the participator under—

(a)

regulation E1 to E5 or L1 of the 1995 Regulations; F14...

(b)

regulation 2.D.1, 2.D.4, 2.D.5, 2.D.8, 2.D.10, 2.D.11, 3.D.1, 3.D.4, 3.D.5, 3.D.7 or 3.D.9 of the 2008 Regulations;

(c)

[F15regulations 73, 79, 81, 82, 84, 90 and 94 of the 2015 Regulations; or

(d)

in the case of a benefit referred to in regulation 11(1)(d), a commencement date that the participator requests and that is on, or after, the participator’s normal minimum pension age: for these purposes, normal minimum pension age has the meaning given in section 279(1) of the 2004 Act]];

[F10“dependant” means—

(a)

a surviving spouse of a participator (providing the marriage was not, prior to 6th March 1995, subject to an order of judicial separation);

(b)

any surviving child of a participator; or

(c)

any person in whose favour a participator has made an election under—

(i)

regulation J1 of the 1995 Regulations; or

(ii)

regulation 2.D.18 or 3.D.14 of the 2008 Regulations; [F16or

(iii)

regulation 51 of the 2015 Regulations;]

(d)

a surviving civil partner or surviving [F17scheme partner];]

“dependant’s pension” means a pension which becomes payable to a dependant on the death of a participator;

[F1“eligible member” has the meaning given by section 101P(1) of the 1993 Act;]

F7...

“the Index” at any time means the Retail Price Index, or any successor agreed as appropriate by the Board of Inland Revenue, for the calendar month three months prior to that time;

F18...

[F19“insurer” means—

(a)

a person with permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance, F20...

(b)

F20...;]

[F3“lifetime allowance” shall be construed in accordance with Part 4 of the 2004 Act (pension schemes etc.);]

“lump sum death benefit” means a lump sum which will become payable in the event of a person’s death while paying contributions to provide for it;

[F13“marriage” does not include a reference to marriage of a same sex couple unless otherwise provided;]

[F10“NHS Pension Scheme” means the National Health Service Pension Scheme for England and Wales, the rules of which are set out in the [F211995 Regulations, the 2008 Regulations or the 2015 Regulations], as the case may be;]

[F22“normal benefit age” , in relation to the AVC scheme, means—

(a)

in the case of a person who was a member of the NHS Pension Scheme governed by the 1995 Regulations at the date that person’s election under regulation 3 took effect, the age of 60;

(b)

in the case of a person who was a member of the NHS Pension Scheme governed by the 2008 Regulations at the date that person’s election under regulation 3 took effect, the age of 65;

(c)

in the case of a person who was a member of the NHS Pension Scheme governed by the 2015 Regulations at the date that person’s election under regulation 3 took effect—

(i)

the person’s state pension age, or if higher,

(ii)

the age of 65;]

[F23“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993(1);]

“participator” means—

(a)

a contributor who has made benefits election under regulation [F2411];

(b)

a contributor who has died;

(c)

a person who has ceased to be a contributor but has not exercised any right to receive a cash equivalent within the meaning of section 94 of the Pension Schemes Act 1993(2) or to be paid a lump sum under regulation 14; or

(d)

a person in respect of whom investments have been made under regulation 7(1), 8(2) or 9(4);

[F3“pension commencement lump sum” means a lump sum for the purposes of Part I of Schedule 29 to the 2004 Act not exceeding 25 per cent of the proceeds of any investment made under regulation 7(1), 8(2) or 9(4);]

[F1“pension credit” means a credit under section 29(1)(b) of the 1999 Act and includes a credit under corresponding Northern Ireland legislation;]

[F1“pension credit benefit” has the meaning given by section 101B of the 1993 Act;]

[F1“pension credit member” has the meaning given by section 124(1) of the Pensions Act 1995;]

[F1“pension credit rights” has the meaning given by section 101B of the 1993 Act;]

“pensionable employment” means NHS employment in respect of which a person contributes to the NHS Pension Scheme, or such other employment as the Secretary of State may approve for the purposes of a direction under [F25section 7 of the Superannuation (Miscellaneous [F26Provisions)] Act 1967 or a determination under section 25(5) of the Public Service Pensions Act 2013];

[F10“pensionable service” is to be construed in accordance with whichever of the following is applicable—

(a)

regulation C2 of the 1995 Regulations;

(b)

regulation 2.A.2 or 3.A.3 of the 2008 Regulations;

(c)

[F27regulation 20 of the 2015 Regulations;]]

F7...

[F3“registered pension scheme” has the meaning given by section 150(2) of the 2004 Act;]

[F10“retirement” is to be construed in accordance with whichever of the following is applicable—

(a)

the 1995 Regulations;

(b)

the 2008 Regulations;

(c)

[F28the 2015 Regulations;]]

F7...

“salary” means all salary, wages, fees and other payments paid or made to a person for his own use in respect of his employment;

[F29“selected authorised provider” means an authorised provider selected by the Secretary of State including an authorised provider to whom contracts of insurance are transferred as part of an insurance business transfer scheme for the purposes of Part VII of the Financial Services and Markets Act 2000];

[F13“widow” and “widower” do not include a reference to marriage of a same sex couple].

[F30(1A) A person (P) is the scheme partner of a participator if —

(a)the participator and P are living together as if they were husband and wife or civil partners,

(b)the participator and P are not prevented from marrying or entering into a civil partnership,

(c)the participator and P are financially interdependent or the person is financially dependent on the contributor, and

(d)neither the participator nor P is living with a third person as if they were husband and wife or as if they were civil partners.

(1B) A person is a surviving scheme partner of a participator if the Secretary of State is satisfied that for a continuous period of at least two years, ending with the participator’s death, the person was the scheme partner of that participator.]

(2) Subject as aforesaid and except where the context otherwise requires, other expressions in these Regulations have the same meaning as in [F31the [F321995 Regulations, 2008 Regulations or the 2015 Regulations], as the case may be].

[F33(3) The definition of “insurer” in paragraph (1) above must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

Textual Amendments

Commencement Information

I1Reg. 2 in force at 10.4.2000, see reg. 1(2)

(1)

Subsection (6) was added to section 10 by section 8(6) of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7) and was amended by section 190 of, and paragraph 7 of Schedule 8 to, the Pension Schemes Act 1993 (c. 48).

(2)

1993 c. 48. Section 94 was amended by section 154 of the Pensions Act 1995 (c. 26).

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