The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008

Amendment of regulation 2.A.9

29.  In regulation 2.A.9 (pensionable pay: breaks in service)—

(a) in paragraph (2), after “paragraph (3)” insert “in the case of a member who is not a non-GP provider and paragraph (7) in the case of a member who is a non-GP provider”;

(b) in paragraph (3), before “falling” insert “who is not a non-GP provider”;

(c) in paragraph (6), for “(up to 6” substitute “or (3A) (up to 24”;

(d) in paragraph (7), for “2.A.8(9)” substitute “2.A.8(8)”;

(e) for paragraph (8), substitute—

“(8) If the earnings used to calculate a member’s pensionable pay cease during a period of absence to which this regulation applies—

(a) a non-GP provider falling within paragraph (1)(a) will, subject to sub-paragraph (b), be treated as having continued in pensionable employment for a period of 12 months from the date on which the member’s earnings ceased and the member will not be treated as having left pensionable employment until the end of that 12 month period;

(b) a non-GP provider falling within paragraph (1)(b) to (e) of this regulation who paid contributions on the basis of reduced earnings in accordance with paragraph (4)(b) will, subject to paragraph (9), continue to pay contributions at that rate, except that no refund of contributions or other benefit will be payable until the member actually leaves pensionable employment;

(c) a member other than a non-GP provider will, subject to paragraph (5), be treated as having left pensionable employment except that no refund of contributions or other benefit will be payable until the member actually leaves pensionable employment.

(8A) For the purposes of paragraph (8)(a)—

(a) during the 12 month period, the non-GP provider’s pensionable earnings will be calculated as described in paragraph (7)(a) or (b);

(b) at the end of the 12 month period, when the member is regarded as having left pensionable employment, no refund of contributions or other benefit will be payable until the member actually leaves employment.”;

(f) in paragraph (9), after “paragraph (8)” insert “(b)”;

(g) in paragraph (10), for “non-GP provider” (three times) substitute “member”;

(h) in paragraph (11)—

(i) for “non-GP provider” (twice) substitute “member”;

(ii) omit “paragraph (7) of”;

(iii) for “(7)(a) or (8)” substitute “(8)(c), (8A)(b) or (10)”; and

(i) in paragraph (12), for “non-GP provider” (three times) substitute “member”.