The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) Amendment Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the National Health Service Pension Scheme Regulations 1995 (S.I.1995/300) (“the Pension Scheme Regulations”), the National Health Service (Injury Benefits) Regulations 1995 (S.I.1995/866) (“the Injury Benefits Regulations”), the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 (S.I.2000/619) (“the AVC Regulations”) and the National Health Service (Compensation for Premature Retirement) Regulations 2002 (S.I.2002/1311) (“the Compensation Regulations”).

Regulation 1 provides for citation, commencement and effect, including that certain provisions of this instrument are to take effect from various dates before commencement.

Regulation 2 amends the Pension Scheme Regulations by—

• updating statutory references to take account of the National Health Service Act 2006 (c.41) and National Health Service (Wales) Act 2006 (c.42);

• removing obsolete definitions from regulation A2 (interpretation);

• providing that certain employers of people subject to a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 (c.28) or the subject of an agreement made pursuant to section 235 of the National Health Service Act 2006 may be treated as employing authorities for the purposes of the Regulations;

• inserting a new definition of “Scheme Actuary” and replacing references to “Government Actuary” with “Scheme Actuary”;

• clarifying regulation D2 (contributions by employing authorities) so that it is clear that amounts due to the Secretary of State pursuant to the Regulations may be recovered from the transferee or successor of a person’s employing authority in the event of any NHS reorganisation;

• extending death in service cover to members whose NHS employment had ceased to be pensionable solely by virtue of having the maximum amount of reckonable service under the scheme;

• clarifying that any request for allocation of pension under regulation J1 (allocation of pension) should be made at the date of claim or before the pension is put into payment;

• providing that parental leave and “keeping in touch” days during maternity leave fall within the scope of regulation P1 (absence because of illness or injury or certain types of leave);

• providing that members who are moderate earners and who have reduced service as a result of dissolution or annulment of marriage (or, after 5th December 2005, civil partnership) may re-build their service under regulation Q1 (right to buy additional service);

• clarifying that the regulations apply to non-GP Providers with the modifications set out in paragraphs 3 – 5, 10 and 23 of Schedule 2;

• clarifying for regulation R5(4) (comparable whole-time employment) that a part-time member may not pension a greater amount of earnings than a comparable whole-time employment;

• providing for a lump sum to be payable on death in pensionable re-employment under regulation S4 (benefits on death in pensionable employment after pension becomes payable);

• providing in regulation T1 (claims for benefits) that an applicant must provide the Secretary of State with permission to see information relating to that person or their entitlement where such information is held by a third party;

• removing the benefit waiver provisions in regulation T2A (deduction of tax: further provisions);

• changing the basis on which interest is applied to late payments from the Scheme, including amending the definition of “base rate” to be the Official Bank Rate of the Bank of England;

• clarifying in regulation U1A (determinations by medical practitioners) which of the Secretary of State’s functions may be exercised by medical practitioners in certain circumstances; and

• providing that any dispute relating to the operation of the Regulations shall be resolved by the Secretary of State in accordance with a dispute resolution procedure issued from time to time in conformity with section 50 of the Pensions Act 1995 (c.26).

Regulation 3 amends the Injury Benefits Regulations by—

• updating statutory references to take account of the National Health Service Act 2006 and National Health Service (Wales) Act 2006;

• removing obsolete definitions from regulation 2 (interpretation);

• providing that certain employers of people subject to a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 or the subject of an agreement made pursuant to section 235 of the National Health Service Act 2006 may be treated as employing authorities for the purposes of the Regulations;

• removing the requirement for the reduction in emoluments of an employment to be permanent for the purposes of regulation 4(4) (allowance on reduction in emoluments);

• clarifying regulation 4A (recovery of costs) so that it is clear that benefits paid by the Secretary of State pursuant to the Regulations may be recharged to the transferee or successor of a person’s employing authority in the event of any NHS reorganisation;

• providing in regulation 18A (claims for benefits) that an applicant must provide the Secretary of State with permission to see information relating to that person or their entitlement where such information is held by a third party;

• clarifying in regulation 21A (decisions by medical practitioners and others) which of the Secretary of State’s functions may be exercised by medical practitioners and others in certain circumstances; and

• providing that any dispute relating to the operation of the Regulations shall be resolved by the Secretary of State in accordance with a dispute resolution procedure issued from time to time in conformity with section 50 of the Pensions Act 1995.

Regulation 4 amends the AVC Regulations by—

• providing that an authorised fund includes a fund managed by a successor or assignee of the authorised provider selected by the Secretary of State;

• amending the definition of “authorised provider” to refer to the provisions of section 154(1)(a) to (g) of the Finance Act 2004 (c.12); and

• providing that any dispute relating to the operation of the Regulations shall be resolved by the Secretary of State in accordance with a dispute resolution procedure issued from time to time in conformity with section 50 of the Pensions Act 1995.

Regulation 5 amends the Compensation Regulations by—

• updating statutory references to take account of the National Health Service Act 2006 and National Health Service (Wales) Act 2006;

• removing obsolete definitions from regulation 2 (interpretation);

• providing that certain employers of people subject to a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 or the subject of an agreement made pursuant to section 235 of the National Health Service Act 2006 may be treated as employing authorities for the purposes of the Regulations; and

• providing that any dispute relating to the operation of the Regulations shall be resolved by the Secretary of State in accordance with a dispute resolution procedure issued from time to time in conformity with section 50 of the Pensions Act 1995.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.