The National Health Service Pension Scheme Regulations 2015

Pension returns E+W

157.—(1) An independent provider must provide the scheme manager with the information specified in paragraph (4) in respect of the relevant period.

(2) The information must be provided—

(a) in writing and in such form as the scheme manager from time to time requires;

(b) not more than two months after the end of a scheme year; and

(c) not more than two months after the date when the independent provider ceases to be an employing authority for the purposes of this scheme if that does not occur at the end of a scheme year.

(3) The relevant period is—

(a) for the purposes of paragraph (2)(b), the complete scheme year in respect of which the information is provided;

(b) for the purposes of paragraph (2)(c), the period beginning with the start of the scheme year in which the cessation occurs and ending with the date of the cessation.

(4) The information is—

(a) a complete list of all qualifying contracts to which the independent provider is a party at any time during the relevant period;

[F1 (ab) a complete list of such of the contracts referred to in sub-paragraph (a) which the Independent Provider has sub-contracted by way of NHS standard sub-contract to a third party: that list must identify the third party and also specify the total gross amounts expressed to be payable under such sub-contracts to that third party;]

(b) the total gross amounts—

(i) estimated in accordance with regulation 151(3) to be payable during the relevant period under those contracts to the independent provider by the commissioning party;

(ii) actually received by the independent provider from the commissioning party during the relevant period;

(c) whether the independent provider's status as an employing authority was granted on an open or closed approval basis;

(d) whether the approval status has changed and, if so, when;

(e) where the scheme manager has required an IP guarantee, the amount guaranteed;

(f) the number of employees who were engaged in performing services pursuant to a qualifying contract who satisfy the wholly or mainly condition;

(g) the total pensionable earnings of those employees;

(h) the total employee contributions payable by those employees pursuant to regulations 30 (by reference to the pensionable earnings bands into which they fall), 48 and 57;

(i) the total amount of employing authority contributions payable in respect of those employees pursuant to regulation 33, 34, 35, 48 or 57;

(j) confirmation that those of its employees who were or became members of this scheme during the relevant period satisfied the wholly or mainly condition throughout the period;

(k) the total number of employees who—

(i) satisfied the wholly or mainly condition and were engaged in performing services pursuant to a qualifying contract; but

(ii) were otherwise not eligible to be members of this scheme.

(l) the total amount of pensionable earnings of employees who satisfied the wholly or mainly condition expressed as a percentage of the total gross amounts payable to the independent provider by a commissioning party in respect of all of its qualifying contracts;

(m) where the percentage referred to in sub-paragraph (l) exceeds 75%, an explanation for that percentage having been exceeded;

(n) whether the independent provider has ceased to be a party to a qualifying contract;

(o) whether the independent provider no longer has any employees who satisfy the wholly or mainly condition.

(5) Paragraph (6) applies if an employee of an independent provider—

(a) is a member of this scheme by virtue of regulation 18(1)(c); and

(b) ceases to satisfy the wholly or mainly condition or any other condition of membership of this scheme.

(6) The independent provider must—

(a) inform the employee that the employee's membership of this scheme is terminated on the date the employee ceased to satisfy the condition;

(b) notify that fact to the scheme manager by notice in writing.

Textual Amendments

F1 Reg. 157(4)(ab) inserted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 83 (with reg. 105)