The National Health Service Pension Scheme Regulations 1995

1. Introductory Text

2. PART A Preliminary

   1. A1. Citation and commencement

   2. A2. Interpretation

   3. A3. Approved Out of Hours providers

3. PART B Membership

   1. B1. Membership of the scheme

   2. B2. Restrictions on membership

   3. B3. Restriction on further participation in the scheme

   4. B4. Opting–out of the scheme

   5. B5. Opting into the scheme: mis-sold pensions

4. PART C Pensionable pay, pensionable service and qualifying service

   1. C1. Meaning of “pensionable pay" and “final year’s pensionable pay"

   2. C2. Meaning of “pensionable service"

   3. C3. Meaning of “qualifying service"

5. PART D Contributions

   1. D1. Contributions by members

   2. D2. Contributions by employing authorities

6. PART E Benefits for members

   1. E1. Normal retirement pension

   2. E2. Early retirement pension (ill–health)

   3. E2A. Ill health pension on early retirement

   4. E2B. Re-assessment of ill health condition determined under regulation E2A

   5. E2C. Further employment after a benefit is paid under regulation E2A

   6. E3. Early retirement pension (redundancy etc. additional provisions)

   7. E3A. Early retirement pension (termination of employment by employing authority)

   8. E3B. Early retirement pension (redundancy etc. notifications)

   9. E3C. Early retirement pension (special classes)

   10. E3D. Continuing entitlement to an E1 or E5 pension

   11. E4. Early retirement pension (employer’s consent)

   12. E5. Early retirement pension (with actuarial reduction)

   13. E6. Lump sum on retirement

   14. E7. General option to exchange part of pension for lump sum

7. PART F Lump sum on death

   1. F1. Member dies in pensionable employment

   2. F2. Member dies after pension becomes payable

   3. F3. Member dies with preserved pension

   4. F4. Member dies within 12 months after leaving pensionable employment without pension or preserved pension

   5. F5. Payment of lump sum

8. PART G SURVIVING PARTNER PENSIONS

   1. G1. Widow’s pension

   2. G2. Member dies in pensionable employment

   3. G3. Member dies after pension becomes payable

   4. G4. Member dies with preserved pension

   5. G5. Member dies within 12 months after leaving pensionable employment without pension or preserved pension

   6. G6. Member marries after leaving pensionable employment

   7. G7. Widower’s pension

   8. G8. Dependent widower’s pension

   9. G9. Increased widower’s pension

   10. G10. Surviving civil partner’s pension

   11. G11. Dependent surviving civil partner’s pension

   12. G12. Purchase of surviving civil partner’s pension in respect of service prior to 6th April 1988

   13. G13. Increased surviving civil partner’s pension

   14. G14. Surviving nominated partner’s pension

   15. G15. Dependent surviving nominated partner’s pension

   16. G16. Purchase of surviving partner’s pension in respect of service before 6th April 1988

   17. G17. Increased surviving partner’s pension

9. PART H Child Allowance

   1. H1. Dependent child

   2. H2. Payment of allowance

   3. H3. Member dies in pensionable employment

   4. H4. Member dies after pension becomes payable

   5. H5. Member dies with preserved pension

   6. H6. Member dies within 12 months after leaving pensionable employment without pension or preserved pension.

   7. H7. Dependent child not being maintained by surviving parent or spouse or civil partner or nominated partner of a parent

10. PART J Allocation to a spouse , civil partner or dependant

    1. J1. Allocation of pension

    2. J2. Limits on allocation of pension

    3. J3. Date on which allocation has effect

11. PART K Contracting–out

    1. K1. Contracting-out conditions to be overriding

    2. K2. Guaranteed minimum pensions

    3. K3. Late retirement

    4. K4. Early leavers

    5. K5. Guaranteed minimum pensions transferred to the scheme

    6. K6. Protected rights transferred to the scheme

    7. K7. State scheme premiums

12. PART L Early leavers

    1. L1. Preserved pension

    2. L2. Refund of contributions

    3. L3. Payment of interest with refund of contributions

    4. L4. Early leavers returning to pensionable employment

13. PART M TRANSFERS AND BUY-OUTS

    1. M1. Member’s right to transfer or buy-out

    2. M2. Exercising a right to a transfer or a buy out

    3. M3. Amount of member’s cash equivalent

    4. M4. Applications for transfer value payments: General

    5. M5. Applications for transfer value payments: time limits

    6. M6. Special terms for transfer out (bulk transfers etc)

    7. M7. Member’s right to transfer a preserved pension to the 2008 Scheme

14. PART N Transfers from other pension arrangements

    1. N1. Member’s right to transfer accrued rights to benefits to the scheme

    2. N2. Transfers made under the Public Sector transfer Arrangements

    3. N3. Transfers that are not made under the Public Sector Transfer Arrangements

    4. N3A. Transfers in respect of members to whom regulation B5 applies who elect to join or rejoin the scheme

    5. N4. Special terms for transfers in (bulk transfers etc.)

    6. N5. Waiver of transfer payments

15. PART P Members absent from work

    1. P1. Absence because of illness or injury or certain types of leave

    2. P2. Other leave of absence

16. PART Q Right to buy additional service and unreduced retirement lump sum

    1. Q1. Right to buy additional service

    2. Q2. Right to buy an unreduced retirement lump sum

    3. Q3. Electing to buy additional service or unreduced retirement lump sum

    4. Q4. Paying for additional service by single payment

    5. Q5. Paying for unreduced retirement lump sum by single payment

    6. Q6. Paying for additional service or unreduced retirement lump sum by regular additional contributions

    7. Q7. Part payment for additional service or unreduced retirement sum

    8. Q8. Option to pay additional periodical contributions to purchase additional pension

    9. Q9. Effect of member being absent or leaving and rejoining the Scheme during the contribution option period

    10. Q10. Members option to pay lump sum contributions to purchase additional pension

    11. Q11. Payment of additional lump sum contributions by employing authority

    12. Q12. Exercise of options under regulations Q8, Q10 and Q11

    13. Q13. Cancellation and cessation of options under regulation Q8

    14. Q14. Effect of payment of additional contributions under this Part

    15. Q15. Effect of death or early payment of pension after option exercised under regulation Q8, Q10 or Q11

    16. Q16. Effect of part payment of periodical contributions

    17. Q17. Revaluation of increases bought under options: members’ pensions

17. PART R Special provisions for certain members

    1. R1. Practitioners and trainee practitioners

    2. R2. Nurses, physiotherapists, midwives and health visitors

    3. R3. Mental health officers

    4. R4. Members doing more than one job

    5. R5. Part–time employment

    6. R6. Members entitled to fees for domiciliary consultations

    7. R7. Members who work temporary additional sessions

    8. R8. Former members of health service schemes

    9. R8A. Former members of the NBSBPS

    10. R9. Members whose earnings are reduced

    11. R10. Polygamous marriages

    12. R11. Participators in pilot schemes

    13. R12. Pension sharing on divorce or nullity of marriage or, dissolution or nullity of civil partnership

18. PART S Members who return to NHS employment after pension becomes payable

    1. S1. Suspension of pension on return to NHS employment

    2. S2. Reduction of pension on return to NHS employment

    3. S3. Benefits in respect of pensionable employment after pension becomes payable

    4. S3A. Benefits in respect of pensionable employment after pension becomes payable under regulation E2A

    5. S4. Benefits on death in pensionable employment after pension under regulation E2 becomes payable

    6. S4A. Benefits on death in pensionable employment after pension under regulation E2A becomes payable

19. PART T General rules about benefits

    1. T1. Claims for benefits

    2. T2. Deduction of tax

    3. T2A. Deduction of tax: further provisions

    4. T3. Benefits not assignable

    5. T4. Beneficiary who is incapable

    6. T5. Offset for crime negligence or fraud

    7. T6. Loss of rights to benefits

    8. T7. Commutation of trivial pensions

    9. T8. Interest on late payment of benefits

20. PART U Administrative matters

    1. U1. Extension of time limits

    2. U1A. Determinations by medical practitioners

    3. U2. Determination of questions

    4. U3. Accounts and actuarial reports

    5. U4. Cost sharing

21. PART V Miscellaneous and supplementary

    1. V1. Option to members detrimentally affected by these Regulations

    2. V2. Revocations and savings

22. Signature

23. 1. SCHEDULE 1

       PURCHASE OF ADDITIONAL SERVICE AND UNREDUCED RETIREMENT LUMP SUM

       1. Table 1 Paying for additional service by a single payment

          1. Member’s age when employing authority receives notice of election (1)...

       2. Table 2 Paying for unreduced retirement lump sum by a single payment

          1. Member’s age when employing authority receives notice of election (1)...

       3. Table 3 Paying for additional service by regular additional contributions

          1. Member’s age at next birthday after employing authority receives notice...

       4. Table 4 Paying for unreduced retirement lump sum by regular additional contributions

          1. Member’s age at next birthday after employing authority receives notice...

    2. SCHEDULE 2

       MEDICAL AND DENTAL PRACTITIONERS

       1. 1. Additional definitions used in this Schedule

       2. 2. Application of Regulations with modifications

       3. 2A. Membership: locum practitioners

       4. 3. Meaning of “pensionable earnings"

       5. 4. Calculating pensionable earnings of medical practitioners in partnership

       6. 5. Elections relating to calculation of “pensionable earnings" in medical partnerships

       7. 5A. Distribution of pensionable earnings between type 1 dental practitioners employed or engaged by the same GDS or PDS contractor

       8. 6. Meaning of “pensionable earnings" in relation to other practitioners

       9. 7. Exclusions and deductions from pensionable earnings — all practitioners

       10. 8. Limit on pensionable earnings — dental practitioners

       11. 9. Officer service treated as practitioner service

       12. 9A. Locum practitioners: breaks between contracts

       13. 10. Contributions to the scheme

       14. 11. Normal retirement pension

       15. 11A. Practitioners with benefits from both practitioner and officer service

       16. 12. Early Retirement Pension (ill–health)

       17. 13. Early retirement pension (employer’s consent)

       18. 14. Lump sum on member’s death in pensionable employment or after pension becomes payable

       19. 15. Widows, widowers or surviving civil partners pension on member’s death in pensionable employment

       20. 16. Increased widower’s pension

       21. 16A. Increased surviving civil partner’s pension

       22. 16B. Increased dependent surviving nominated partner’s pension

       23. 16C. Increased surviving partner pension

       24. 17. Child allowance—member dies in pensionable employment

       25. 17A. Preserved pension

       26. 18. Transfers from other pension arrangements

       27. 19. Members absent from work

       28. 20. Right to buy additional service and unreduced retirement lump sum

       29. 21. Members doing more than one job

       30. 22. Reduction of pension on return to NHS employment

       31. 22A. Benefits on death in pensionable employment after pension becomes payable

       32. 23. Accounts and actuarial reports

    3. SCHEDULE 2A

       PENSION SHARING ON DIVORCE OR NULLITY OF MARRIAGE OR, ON THE DISSOLUTION OR NULLITY OF A CIVIL PARTNERSHIP

       1. 1. Discharge of liability in respect of a pension credit following the death of the person entitled to the pension credit

       2. 2. Safeguarded rights

       3. 3. Pension credit benefit on attaining normal benefit age

       4. 3A. Pension credit benefit before attaining normal benefit age (with actuarial reduction)

       5. 3B. Pension credit benefit before attaining normal benefit age (on grounds of ill health)

       6. 4. Commutation of the whole of pension credit benefit before normal benefit age

       7. 5. Commutation of the whole of pension credit benefit at normal benefit age

       8. 6. Pension credit member dies before pension credit benefit becomes payable

       9. 7. Pension credit member dies after pension credit benefit becomes payable

       10. 8. Excluded membership

       11. 9. Payment of lump sum on death

       12. 10. Transfers

       13. 11. General rules about benefits

       14. 12. Offset for crime, negligence or fraud

       15. 13. Loss of rights to benefits

       16. 14. Interest on late payment of benefits

       17. 15. Administrative matters

       18. 16. Medical determinations

    4. SCHEDULE 3

       REVOCATIONS

24. Explanatory Note