The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009

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 1995 Regulations”), the National Health Service Pension Scheme Regulations 2008 (S.I. 2008/653) (“the 2008 Regulations”), the National Health Service (Injury Benefits) Regulations 1995 (S.I. 1995/866) (“the Injury Benefits Regulations”) and the National Health Service (Additional Voluntary Contributions) Regulations 2000 (S.I. 2000/619) (“the AVC Regulations”).

Regulation 1 provides for citation, commencement and effect, including that certain provisions of this instrument are to take effect from various dates before the date of commencement. Section 12(1) of the Superannuation Act 1972 (c.11) provides authority for the regulations specified in regulation 1(3) to (4) to take effect as from a date earlier than the making of these Regulations.

The remainder of the Regulations are divided into six Parts, with Parts 2 to 5 amending the 1995 Regulations, the 2008 Regulations, the Injury Benefits Regulations and the AVC Regulations respectively, and Part 6 providing that certain persons detrimentally affected by these Regulations may elect for the provisions not to apply to them.

Parts 2 and 3 make similar amendments in respect of both the 1995 Regulations and the 2008 Regulations. They also introduce amendments specific to either the 1995 Regulations or the 2008 Regulations.

The changes dealing with similar issues in Parts 2 and 3—

• introduce changes as to when a person may contribute or accrue further service in the Scheme (regulations 9, 95 to 99, 101 and 102)

• clarify the way in which pensionable earnings will be determined if a member has officer service before practitioner service that was the result of a transfer-in of benefits to the Scheme (regulations 9(2)(e) and 100)

• make changes in terminology to reflect the fact that there is one NHS Pension Scheme consisting of two sections (the 1995 Section and the 2008 Section) (regulations 3, 10 (and Schedule 1), 12, 13, 17, 53 and 103 (and Schedule 2).

The changes specific to Part 2, amend the provisions relating to—

• entitlement to a higher tier ill-health pension where a member is a pensioner member of the 1995 Section and an active member of the 2008 Section of the Scheme (regulation 4)

• the benefits to be paid following the death of a 1995 Section pensioner who is also a member of the 2008 Section (regulations 5 and 8)

The amendments in Part 2 also deal with minor technical amendments relating to pensions for surviving nominated partners (regulation 6) and for death in employment (regulation 7).

The changes specific to Part 3 are—

• the amendment of the provisions relating to—

  • ill-health pensions (regulations 30(2) and 72(2))

  • circumstances in which a “host Trust or Board” is deemed to be the employer of general medical and dental practitioners and non-GP providers (regulations 13, 19 and 53)

  • eligibility for membership of the 2008 Section (regulation 59)

  • the treatment of transfer values under former schemes received by the Scheme in respect of practitioner members (regulations 89 to 92 and 100)

• the introduction of the provisions relating to the “Choice Exercise” under which a 1995 Section member may opt to join the 2008 Section of the Scheme (“a 2008 Section Optant”) and the terms on which he may do so and the effect on benefits of doing so (new Chapters 2.K and 3.K inserted by regulations 52 and 94 respectively).

A number of amendments that are consequential upon the insertion of new Chapters 2.K and 3.K are also made (regulations 13 to 16, 18, 20 to 51, 54 to 58, 60 to 88 and 93).

The change made to the Injury Benefits Regulations by Part 4 updates the definition of “NHS employment” (regulation 104).

The changes made to the AVC Regulations by Part 5 are the insertion of a cross reference to the 2008 Regulations and to reflect the lump sum rule in section 166(1) of the Finance Act 2004 (regulation 105).

Part 6 provides that deferred members, or members in receipt of a relevant benefit, who are detrimentally affected by these Regulations may elect for the provisions not to apply to them by giving notice within six months of the coming into force of these Regulations (regulation 106).