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Introductory Text
PART 1 Preliminary
1.Citation, extent and commencement
2.Establishment of the NHS Pension Scheme 2015
PART 2 Governance
CHAPTER 1 Management
3.Scheme manager
4.Pension Board
5.Scheme Advisory Board
CHAPTER 2 Actuary and valuation
6.Appointment of scheme actuary
7.Actuarial valuations
8.Employer cost cap
9.Cost of scheme exceeds margins
10.Procedure for agreeing steps to achieve target cost
11.No agreement reached
12.Approval mechanism
13.Target cost
CHAPTER 3 General
14.Administrative matters
PART 3 Scheme membership
CHAPTER 1 Joining and leaving
15.Joining and leaving the scheme
16.Re-joining the scheme
17.Automatic enrolment legislation
CHAPTER 2 Membership
18.Membership
19.Restrictions on membership
CHAPTER 3 Pensionable service
20.Pensionable service
21.Absence from work
22.Qualifying service
23.Effect of break in pensionable service
CHAPTER 4 Pension accounts
24.Establishment of pension accounts
25.Closure of pension accounts on transfer out or repayment of balance of contributions
26.Calculation of amount of accrued pension
PART 4 Contributions
CHAPTER 1 Determination and payment
27.Pensionable earnings
28.Pensionable earnings: break in service
29.Pensionable earnings: more than one employment
30.Members' contributions: employees
31.Members' contributions: practitioners and non-GP providers
32.Members' contributions: redundancy
33.Contributions by employing authorities
34.Employing authority contributions: interests of efficiency
35.Employing authority contributions: redundancy
36.Interest and administration charges: late paid contributions
36A.Scheme Administration Charge
37.Members' contributions: records and estimates
38.Members' contributions: supplementary: medical practitioners and non-GP providers
Application and expiry of modifications in this Part 39.Members' contributions: supplementary: dental practitioners
CHAPTER 2 Refund: short service
40.Eligibility for refund
41.Amount of refund
42.Effect of refund
CHAPTER 3 Buy-out: actuarial reduction
43.Eligibility to make buy-out election
44.Making and varying a buy-out election
45.Accepting a buy-out election
46.Overall limit on extra pension
47.Determination of contributions payable
48.Payment of buy-out contributions
49.Suspension of buy-out: hardship
50.Revoking a buy-out election
CHAPTER 4 Allocation
51.Election to allocate pension
52.Amount of allocation
53.Procedure for election under regulation 51
54.Effect of allocation
CHAPTER 5 Additional pension
55.Election to pay contributions for additional pension
56.Annual rate of additional (self only) pension
57.Lump sum or periodic payments
58.Making an additional pension election
59.Accepting an additional pension election
60.Determination of contribution payable
61.Overall limit on extra pension
62.Lump sum contributions: payment of contributions and credit of additional pension
63.Repayment of lump sum contribution
64.Periodic contributions
65.Retirement pension (other than ill-health pension) becomes payable before the end of the contributions payment period
66.Revoking an additional pension election (periodic payments)
67.Revocation of election by scheme manager (lump sum)
68.Effect of being absent or leaving and rejoining scheme during contributions payment period
69.Death in service before end of contributions payment period
70.Ill-health pension becomes payable before end of contributions payment period
71.Effect of part payment of contributions
PART 5 Members' benefits
CHAPTER 1 Qualification
72.Qualifying for retirement benefits
CHAPTER 2 Age retirement
73.Entitlement to age retirement pension
74.Annual rate of age retirement pension
75.Late payment of pension with actuarial increase
76.Pension credit member
77.Conversion of part of pension into lump sum
78.Entitlement day
CHAPTER 3 Early and premature retirement
79.Early retirement
80.Entitlement day
81.Premature retirement in the interests of efficiency
82.Premature retirement on grounds of redundancy
83.Premature retirement entitlement day
CHAPTER 4 Partial retirement
84.Election for partial retirement (members over normal minimum pension age)
85.Effect of election
86.Terms of employment improve after election
87.Member becomes subject to reduction following abatement
88.Payment of pension after abatement
89.Application of regulations 84 to 88: concurrent employments
CHAPTER 5 Ill-health pension
90.Entitlement to ill-health pension
91.Member's incapacity
92.Annual rate of ill-health pension
93.Re-assessment of entitlement
94.Early retirement on ill-health (deferred members)
95.Effect of re-employment on Tier 2 IHP
96.Renewed entitlement to Tier 2 IHP
97.Re-employed Tier 1 IHP members
CHAPTER 6 Dual capacity and multiple employment
98.Dual capacity membership: pension benefits
99.Deferred pension becomes payable during NHS re-employment following transfer of undertaking
100.Retirement benefits for members with more than one employment
CHAPTER 7 Abatement on re-employment
101.Application of Chapter
102.Information
103.Reduction of pension
104.Relevant income and enhancement amount
105.Previous earnings: general
106.Previous earnings: continuing and concurrent employments
107.Multiple pensions
108.Adjustment of reductions
CHAPTER 8 Serious ill health option
109.Option for members in serious ill health to exchange pension for lump sum
CHAPTER 9 Contracting out obligations
110.Guaranteed minimum pension etc.
CHAPTER 10 Pension debit members
111.Reduction in pension debit member's benefits
PART 6 Survivor benefits
CHAPTER 1 Adult survivor
112.Lump sum on death
113.Surviving adult dependant pension
114.Surviving scheme partner
115.Amount of pension: survivor of active member
116.Amount of pension: survivor of pensioner member
117.Amount of pension: deferred members
118.Recent leavers
119.Re-employed pensioners: adult survivor pensions in initial period
120.Polygamous marriage
CHAPTER 2 Child survivor
121.Surviving child's pension
122.Eligible child
123.Amount of child pension: deceased active member
124.Amount of child pension: deceased pensioner member
125.Amount of child pension: deceased deferred member
126.Amount of child pension: recent leavers
127.Power to increase pension for children not maintained by surviving parent etc.
128.Amount of child pension: re-employed pensioners
129.Provisional awards of eligible child's pensions: later adjustments
CHAPTER 3 General
130.Suspension and recovery of pensions paid under this Part
PART 7 Transfers
CHAPTER 1 Preliminary
131.Application of Part
132.Interpretation of Part
CHAPTER 2 Transfers values
SECTION 1 Application of Chapter
133.Application of Chapter
SECTION 2 Transfers out
134.Right to transfer value payment
135.Application for statement of entitlement
136.Application for transfer value payment
137.Transfer value payments: time limits
138.How transfer value payments may be applied
139.Calculating amounts of transfer value or club transfer value
140.Effect of transfer-out
SECTION 3 Transfers in
141.Right to apply for acceptance of transfer value payment
142.Application procedure
143.Acceptance of transfer value payment
144.Calculation of increase to pensionable earnings
145.Transfer from 1995 or 2008 Section
146.Transfers from corresponding 1995 and 2008 schemes
SECTION 4 Bulk transfers
147.Bulk transfers out
148.Bulk transfers in
CHAPTER 3 Miscellaneous transfers
149.EU and overseas transfers
PART 8 Independent providers
150.Interpretation
151.Application for employing authority status
152.Grant of employing authority status
153.Extension of employing authority status
154.IP guarantees
155.75% threshold and contribution surcharge
156.Default notice
157.Pension returns
158.Provision of information
159.Termination of employing authority status
160.Withdrawal from employing authority status in this scheme
161.Change from open approval to closed approval basis
162.Change from closed approval basis to open approval basis
PART 9 General
163.Definitions
164.OOH provider
165.Guarantees, bonds and indemnities
166.Medical practitioner
Signature
SCHEDULES
SCHEDULE 1
Pension Board
1.Composition of the pension board
2.Terms of office of members
3.Disqualification from appointment as a member
4.Appointment, term of office and cessation of office of the chair
5.Voting and quorum
6.Conflicts of interest
7.Information
SCHEDULE 2
Scheme Advisory Board
1.Composition of the Scheme Advisory Board
2.Disqualification from appointment as a member
3.Appointment, term of office and cessation of office of the chair
4.Quorum of the Board
5.Conflicts of interest
SCHEDULE 3
Administrative matters
PART 1 Accounts and information
1.Scheme accounts and actuarial valuations
2.Scheme information
3.Benefit information statements
PART 2 Claims and payments
4.Claims for benefits
5.Provision of information: continuing entitlement to benefits
6.Trivial commutation lump sum
7.Beneficiaries who are incapable of looking after their affairs
8.Power to extend time limits
PART 3 Interest
9.Interest on late payment of benefits and refunds of member contributions
PART 4 Assignment, offset and forfeiture, etc.
10.Prohibition on assignment or charging of benefits
11.Offset of benefits
12.Forfeiture of rights to benefits
PART 5 Insolvency
13.Bankruptcy of person entitled to benefits
PART 6 Determinations
14.Determination of questions
15.Determinations by medical practitioners
PART 7 Taxation
16.Deduction of tax
17.Prohibition on unauthorised payments
18.Scheme administrator
SCHEDULE 4
Opting out and re-joining
1.Opting out of the scheme
2.Re-joining the scheme
SCHEDULE 5
Membership gateways
PART 1 NHS organisations
1.The following are NHS organisations for the purposes of these...
2.The Secretary of State may agree to treat any other...
PART 2 Medical contractors, dental contractors and independent providers
3.The following are medical contractors for the purposes of these...
4.The following are dental contractors for the purposes of these...
5.An independent provider, for the purposes of these Regulations, is...
PART 3 Medical practitioners and dental practitioners
6.The following are medical practitioners for the purposes of these...
7.The following are dental practitioners for the purposes of these...
PART 4 Determination employers
8.A determination employer is a person who is the employer...
SCHEDULE 6
Persons to whom the scheme may be extended
1.(1) The categories or descriptions of persons to whom the...
SCHEDULE 7
Restrictions on eligibility: Former members and TUPE transfers
1.Introduction
2.Condition A
3.Condition B
4.Exception
5.Broadly equivalent to TUPE transfer
6.TUPE expressions
SCHEDULE 8
Restrictions on eligibility: Secondments relating to qualifying contracts
1.Retention arrangement
2.Persons subject to retention arrangements
3.Exceptions
4.Other body saving
5.Qualifying contract
SCHEDULE 9
Pension accounts
PART 1 Interpretation
1.Interpretation
2.Pensionable service
3.Meaning of “leaver index adjustment”
4.Meaning of “leaver AP index adjustment”
5.Meaning of “full retirement earned pension”
6.Meaning of “full retirement additional pension”
7.Meaning of “partial retirement earned pension”
8.Meaning of “partial retirement additional pension”
9.Meaning of “actuarial reduction”
10.Meaning of “conversion amount”
PART 2 Active member's account
11.Establishment of active member's account
12.Receipt of club transfer values
13.Amount of pension for a scheme year
14.Account to specify opening balance and index adjustment
15.Actuarial reduction buy-out
PART 2A Active member’s account for unqualified members
15A.Closure of an active member’s account
15B.Active member’s account for unqualified member re-established after break not exceeding 5 years
15C.Active member’s account for unqualified member remains closed after break exceeding 5 years
PART 3 Deferred member's account
16.Establishment of deferred member's account
17.Account to specify amount of accrued earned pension and leaver index adjustment
18.Deferred member's account closed after break not exceeding 5 years
19.Deferred member's account remains open after a break in service of more than 5 years
PART 4 Pensioner member's account
20.Pension accounts for active or deferred members who become pensioner members
21.Pension accounts for partial retirement members
PART 5 Additional pension account
22.Establishment of additional pension account
23.Account to specify amount of additional pension
24.Account to specify opening balance and AP index adjustment
25.Partial retirement pension abated to zero
PART 6 Pension credit member's account
26.Pension credit member's pension account
27.Separate account for each capacity of membership
PART 7 Calculation of accrued pension
28.Calculation of amount of accrued pension for purposes of full retirement
29.Calculation of amount of accrued pension for purpose of partial retirement
30.Calculation of amount of accrued pension for purposes of deferment
SCHEDULE 10
Practitioner Income
1.Interpretation
2.Medical practitioner
3.Dental practitioner
4.Allocation of practice income
5.Partners' NHS employment earnings
6.Paragraph 4 and 5 election and calculation
7.Locum practitioner
SCHEDULE 11
Determination of pensionable earnings: setting contribution rates
1.Introduction
2.Continuous employment spanning two scheme years
2A.Members who do not fall within any of the cases in paragraph 2
3.Change to employment or rate of pensionable earnings or allowances
4.Small payments: changed circumstances
5.Payments for unsocial hours
SCHEDULE 12
Practitioner Contribution Payments
PART 1 Accounts
1.Medical practitioners and non-GP providers
2.Medical practitioners not members of a practice
3.Dentists
4.Information to be provided to scheme manager
5.Failure of member to comply with this Schedule
6.Certificates, notices and statements
PART 2 Payment arrangements
7.Medical practitioners and non-GP providers
8.Dentists
9.Payment of contributions to host Board
10.Recovery of unpaid contributions
SCHEDULE 13
Calculation of pension
PART 1 Age retirement pension
1.Annual rate of age retirement pension
2.Late payment of pension with actuarial increase
PART 2 Conversion of part of pension into lump sum
3.Conversion of part of pension
4.Member declaration
5.Protection of guaranteed minimum pension
PART 3 Early retirement pension
6.Calculation of amount of early retirement pension
PART 4 Premature retirement pension
7.Calculation of amount of premature retirement pension
SCHEDULE 14
Lump sum on death
1.Interpretation
2.Death of active member
3.Death of deferred member
4.Death of pensioner member
5.Death of recent leaver
6.Death of re-employed pensioner
7.Death of partial retirement pensioner
8.Death of pension credit member
9.Payment of lump sums on death
SCHEDULE 15
Definitions
Explanatory Note