The National Health Service (Pension Scheme and Injury Benefits) Amendment Regulations 2004

Amendment of the National Health Service Pension Scheme Regulations 1995

3.—(1) The National Health Service Pension Scheme Regulations 1995(1) shall be amended in accordance with the following paragraphs of this regulation.

(2) In paragraph (c) of regulation B2(2) (restrictions on membership) for “section 9”, substitute “section 1 or 9”.

(3) For paragraph (3)(d) of regulation D2(3) (contributions by employing authorities), substitute—

“(d) the cost of providing compensation under regulation 4(1) (payment of compensation), 8(1) (compensation payable to widow, widower or dependants) or 9 (compensation where lump sum on death becomes payable) of the National Health Service (Compensation for Premature Retirement) Regulations 2002;”.

(4) In paragraph (8) of regulation L1(preserved pension), the words “or, if lower, twice the member’s final year’s pensionable pay (less the member’s lump sum on retirement payable under this regulation)” shall be omitted.

(5) After regulation U1 (extension of time limits), insert—

“Determinations by medical practitioners

U1A.   The Secretary of State may make arrangements for his functions under these Regulations in relation to a decision whether a person is—

(a) permanently incapable of efficiently discharging the duties of his employment because of physical or mental infirmity for the purposes of regulation E2;

(b) incapable of earning a living because of physical or mental infirmity for the purposes of regulation G8(2);

(c) incapable of earning a living because of permanent physical or mental infirmity for the purposes of regulation H1(6);

(d) in good health for the purposes of regulation J1(6);

(e) suffering from mental or physical infirmity that makes him permanently incapable of efficiently discharging the duties of employment or suffering from mental or physical infirmity that makes him permanently incapable of engaging in regular employment for the purposes of regulation L1(3)(a) and (b) respectively,

to be discharged by a registered medical practitioner appointed to act on his behalf.”.

(6) In paragraph 9(8)(b) of Schedule 2(4) (medical and dental practitioners) after “sub-paragraph (1)”, insert “or (5A)”.

(1)

S.I. 1995/300.

(2)

To which there are amendments not relevant to this instrument.

(3)

To which there are amendments not relevant to this instrument.

(4)

Paragraph 9(8) was amended by S.I. 2002/561.