The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015

Amendment of regulation 2

54.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) after the definition of “the 2008 Regulations” insert—

““the 2009 Regulations” means the Registered Pension Schemes (Authorised Payments) Regulations 2009(1);

“the 2014 Act” means the Taxation of Pensions Act 2014(2);

“the 2015 Regulations” means the National Health Service Pension Scheme Regulations 2015;”(3);

(b) in the definition of “child”(4)—

(i) at the end of paragraph (a), omit “or”;

(ii) at the end of paragraph (b), add—

“or

(c) a child’s pension under regulation 121 of the 2015 Regulations;”;

(c) in the definition of “date of retirement”(5)—

(i) at the end of paragraph (a), omit “or”,

(ii) at the end of paragraph (b), add—

“(c) regulations 73, 79, 81, 82, 84, 90 and 94 of the 2015 Regulations; or

(d) in the case of a benefit referred to in regulation 11(1)(d), a commencement date that the participator requests and that is on, or after, the participator’s normal minimum pension age: for these purposes, normal minimum pension age has the meaning given in section 279(1) of the 2004 Act.”;

(d) at the end of paragraph (c)(ii) of the definition of “dependant”(6), add—

“or

(iii) regulation 51 of the 2015 Regulations;”;

(e) in the definition of “NHS Pension Scheme”(7), for “1995 Regulations and the 2008 Regulations” substitute “1995 Regulations, the 2008 Regulations or the 2015 Regulations”;

(f) for the definition of “normal benefit age”, substitute—

““normal benefit age” , in relation to the AVC scheme, means—

(a)

in the case of a person who was a member of the NHS Pension Scheme governed by the 1995 Regulations at the date that person’s election under regulation 3 took effect, the age of 60;

(b)

in the case of a person who was a member of the NHS Pension Scheme governed by the 2008 Regulations at the date that person’s election under regulation 3 took effect, the age of 65;

(c)

in the case of a person who was a member of the NHS Pension Scheme governed by the 2015 Regulations at the date that person’s election under regulation 3 took effect—

(i)

the person’s state pension age, or if higher,

(ii)

the age of 65;”;

(g) in paragraph (a) of the definition of “participator”, for “11(3)” substitute “11”;

(h) in the definition of “pensionable employment”, for “section 7(2) of the Superannuation (Miscellaneous Provisions Act 1967” substitute “section 7 of the Superannuation (Miscellaneous Provisions Act 1967(8) or a determination under section 25(5) of the Public Service Pensions Act 2013(9)”;

(i) after paragraph (b) in the definition of “pensionable service”, add—

“(c) regulation 20 of the 2015 Regulations;”;

(j) after paragraph (b) in the definition of “retirement”, add—

“(c) the 2015 Regulations;”.

(3) After paragraph (1), insert—

“(1A) A person is a nominated partner in relation to a contributor if the person and the contributor—

(a) have jointly made and signed a declaration in such form as the Secretary of State requires,

(b) are living together in an exclusive relationship as if they were husband and wife or civil partners,

(c) are not prevented from marrying or forming a civil partnership.

(1B) A person is a surviving nominated partner in relation to a contributor if—

(a) the person and the contributor jointly made and signed a declaration in such form as the Secretary of State requires that remains effective at the member’s death, and

(b) the person satisfies the Secretary of State that for a continuous period of 2 years ending with the member’s death—

(i) the person and the member were living together in an exclusive relationship as if they were husband and wife or civil partners,

(ii) the person and the member were not prevented from marrying or forming a civil partnership, and

(iii) the person was financially dependent on the member or the person and the member were financially interdependent.

(1C) A declaration for the purposes of paragraph (1A)(a) or (1B)(a) ceases to have effect if—

(a) it is revoked by the contributor or other person by a signed notice in writing to the Secretary of State in such form as the Secretary of State may require or is willing to accept,

(b) the contributor makes a further declaration for the purpose of those paragraphs, or

(c) the contributor or the person marries or forms a civil partnership.”.

(4) In paragraph (2)(10), for “1995 Regulations or the 2008 Regulations” substitute “1995 Regulations, 2008 Regulations or the 2015 Regulations”.

(1)

S.I. 2009/1171.

(2)

2014 c. 30.

(3)

S.I. 2015/94.

(4)

The definition of “child” was last substituted by regulation 2 of S.I. 2008/655.

(5)

The definition of “date of retirement” was last substituted by regulation 2 of S.I. 2008/655.

(6)

The definition of “dependent” was last substituted by regulation 2 of S.I. 2008/655.

(7)

The definition of “NHS Pension Scheme” was last substituted by regulation 2 of S.I. 2008/655.

(8)

1967 c. 28.

(9)

2013 c. 25.

(10)

Paragraph (2) was last amended by regulation 2 of S.I. 2008/655.