The National Health Service Pension Scheme (Amendment) Regulations 1998

Amendment of Part R

9.  In Part R (special provisions for certain members)—

(a) in regulation R4 (members doing more than one job)—

(i) for paragraph (1) substitute the following new paragraph:

“(1) This regulation applies to members in NHS employment—

(a) with more than one employing authority;

(b) who hold, under one employing authority, two or more separate employments; or

(c) to whom paragraph (10A) below applies.”;

(ii) in paragraph (10), delete the words “In calculating” and insert the words “Subject to paragraph (10A), in calculating”;

(iii) after paragraph (10), insert the following paragraphs:

“(10A) A member who becomes entitled to a pension under regulation E3, and has terminated concurrent employment as a practitioner not more than 12 months before the date on which he becomes entitled to that pension, shall not be entitled to receive a pension under regulation E3 in respect of any employment as a practitioner, but shall be entitled only to receive a pension under regulation E1 or E5, or a preserved pension under regulation L1, in respect of such employments.

(10B) Where paragraph (10A) applies, the member may, in respect of any service as an officer which has terminated and to which paragraph 9(1), (6) or (9) of Schedule 2 applies, elect for that paragraph not to apply and instead to receive a pension under regulation E3 in respect of that service.”;

(b) in paragraph (1)(b) of regulation R8 (former members of health service schemes) for “National Health Service (Isle of Man) Act 1984” substitute “Superannuation Act 1984”;

(c) after regulation R10 add the following regulation—

“Participators in pilot schemes

R11.   For the purposes of these Regulations for the duration of any pilot scheme—

(a) a registered medical practitioner—

(i) whose name appears on a medical list prior to the commencement of a pilot scheme, or who, prior to the commencement of the pilot scheme, was an assistant practitioner; and

(ii) who is involved in the operation of a pilot scheme whether as a person providing piloted services under a pilot scheme, or as a pilot scheme employee;

shall be treated as a practitioner employed by the relevant Health Authority;

(b) a registered medical practitioner whose name does not appear on a medical list prior to the commencement of a pilot scheme, other than an assistant practitioner, shall be treated

(i) as a practitioner employed by the relevant Health Authority if he provides piloted services under a pilot scheme; or

(ii) as an officer employed by the provider of the piloted services if he is a pilot scheme employee;

(c) a person who is providing piloted services shall be liable to pay contributions under regulation D2 in respect of a member who is employed by him as a pilot scheme employee,

(d) a member who, prior to the commencement of a pilot scheme—

(i) was employed as a NHS employee; or

(ii) was employed as a pilot scheme employee, and is not a registered medical practitioner;

and who, after the commencement of the pilot scheme, is providing piloted services under a pilot scheme, shall be treated as a whole-time officer employed by the relevant Health Authority;

(e) pilot scheme employees, who are employed otherwise than by a National Health Service trust which is providing piloted services, and to whom paragraph (a) or (b) (ii) does not apply, shall be treated for the purposes of these Regulations as if they were practice staff; and

(f) in this regulation—

(i) “assistant practitioner” has the meaning given in paragraph 1 of Schedule 2 to these Regulations;

(ii) “relevant Health Authority” means the Health Authority which has made an agreement with a person for that person to provide piloted services in the Health Authority’s area.”.