The National Health Service Pension Scheme Regulations 1995

  1. Introductory Text

  2. PART A Preliminary

    1. A1.Citation and commencement

    2. A2.Interpretation

    3. A3.Approved Out of Hours providers

  3. PART B Membership

    1. B1.Membership of the scheme

    2. B2.Restrictions on membership

    3. B3.Restriction on further participation in the scheme

    4. B4.Opting–out of the scheme

    5. B5.Opting into the scheme: mis-sold pensions

  4. PART C Pensionable pay, pensionable service and qualifying service

    1. C1.Meaning of “pensionable pay" and “final year’s pensionable pay"

    2. C2. Meaning of “pensionable service"

    3. C3.Meaning of “qualifying service"

  5. PART D Contributions

    1. D1.Contributions by members

    2. D2.Contributions by employing authorities

  6. PART E Benefits for members

    1. E1. Normal retirement pension

    2. E2.Early retirement pension (ill–health)

    3. E3.Early retirement pension (redundancy etc)

    4. E4.Early retirement pension (employer’s consent)

    5. E5. Early retirement pension (with actuarial reduction)

    6. E6. Lump sum on retirement

  7. PART F Lump sum on death

    1. F1. Member dies in pensionable employment

    2. F2. Member dies after pension becomes payable

    3. F3. Member dies with preserved pension

    4. F4. Member dies within 12 months after leaving pensionable employment without pension or preserved pension

    5. F5.Payment of lump sum

  8. PART G Widows, widowers and surviving civil partners

    1. G1.Widow’s pension

    2. G2.Member dies in pensionable employment

    3. G3.Member dies after pension becomes payable

    4. G4.Member dies with preserved pension

    5. G5.Member dies within 12 months after leaving pensionable employment without pension or preserved pension

    6. G6.Member marries after leaving pensionable employment

    7. G7.Widower’s pension

    8. G8.Dependent widower’s pension

    9. G9.Increased widower’s pension

    10. G10.Surviving civil partner’s pension

    11. G11.Dependent surviving civil partner’s pension

    12. G12.Purchase of surviving civil partner’s pension in respect of service prior to 6th April 1988

    13. G13.Increased surviving civil partner’s pension

  9. PART H Child Allowance

    1. H1.Dependent child

    2. H2. Payment of allowance

    3. H3.Member dies in pensionable employment

    4. H4.Member dies after pension becomes payable

    5. H5.Member dies with preserved pension

    6. H6. Member dies within 12 months after leaving pensionable employment without pension or preserved pension.

    7. H7.Dependent child not being maintained by surviving parent or spouse or civil partner of a parent

  10. PART J Allocation to a spouse , civil partner or dependant

    1. J1.Allocation of pension

    2. J2.Limits on allocation of pension

    3. J3.Date on which allocation has effect

  11. PART K Contracting–out

    1. K1. Contracting–out requirements to be overriding

    2. K2.Guaranteed minimum pensions

    3. K3. Late retirement

    4. K4. Early leavers

    5. K5. Guaranteed minimum pensions transferred to the scheme

    6. K6.Protected rights transferred to the scheme

    7. K7.State scheme premiums

  12. PART L Early leavers

    1. L1.Preserved pension

    2. L2.Refund of contributions

    3. L3. Payment of interest with refund of contributions

    4. L4.Early leavers returning to pensionable employment

  13. PART M Transfers and buy–outs

    1. M1.Member’s right to transfer or buy–out

    2. M2.Exercising a right to transfer or buy–out

    3. M3.Amount of member’s cash equivalent

    4. M4. Time limit for doing what member requires

    5. M5. Early leaver without pension or preserved pension

    6. M6.Special terms for transfers out (bulk transfers etc.)

    7. M7. Waiver of transfer payment

  14. PART N Transfers from other pension arrangements

    1. N1.Member’s right to transfer accrued rights to benefits to the scheme

    2. N2.Transfers made under the Public Sector transfer Arrangements

    3. N3.Transfers that are not made under the Public Sector Transfer Arrangements

    4. N3A.Transfers in respect of members to whom regulation B5 applies who elect to join or rejoin the scheme

    5. N4.Special terms for transfers in (bulk transfers etc.)

    6. N5.Waiver of transfer payments

  15. PART P Members absent from work

    1. P1.Absence because of illness or injury or certain types of leave

    2. P2. Other leave of absence

  16. PART Q Right to buy additional service and unreduced retirement lump sum

    1. Q1.Right to buy additional service

    2. Q2.Right to buy an unreduced retirement lump sum

    3. Q3. Electing to buy additional service or unreduced retirement lump sum

    4. Q4. Paying for additional service by single payment

    5. Q5.Paying for unreduced retirement lump sum by single payment

    6. Q6. Paying for additional service or unreduced retirement lump sum by regular additional contributions

    7. Q7. Part payment for additional service or unreduced retirement sum

  17. PART R Special provisions for certain members

    1. R1.Practitioners and trainee practitioners

    2. R2.Nurses, physiotherapists, midwives and health visitors

    3. R3.Mental health officers

    4. R4.Members doing more than one job

    5. R5.Part–time employment

    6. R6.Members entitled to fees for domiciliary consultations

    7. R7.Members who work temporary additional sessions

    8. R8.Former members of health service schemes

    9. R9.Members whose earnings are reduced

    10. R10.Polygamous marriages

    11. R11.Participators in pilot schemes

    12. R12.Pension sharing on divorce or nullity of marriage or, dissolution or nullity of civil partnership

  18. PART S Members who return to NHS employment after pension becomes payable

    1. S1.Suspension of pension on return to NHS employment

    2. S2.Reduction of pension on return to NHS employment

    3. S3. Benefits in respect of pensionable employment after pension becomes payable

    4. S4.Benefits on death in pensionable employment after pension becomes payable

  19. PART T General rules about benefits

    1. T1.Claims for benefits

    2. T2.Deduction of tax

    3. T3.Benefits not assignable

    4. T4.Beneficiary who is incapable

    5. T5.Offset for crime negligence or fraud

    6. T6.Loss of rights to benefits

    7. T7.Commutation of trivial pensions

    8. T8.Interest on late payment of benefits

  20. PART U Administrative matters

    1. U1.Extension of time limits

    2. U1A.Determinations by medical practitioners

    3. U2.Determination of questions

    4. U3.Accounts and actuarial reports

  21. PART V Miscellaneous and supplementary

    1. V1.Option to members detrimentally affected by these Regulations

    2. V2.Revocations and savings

  22. Signature

    1. SCHEDULE 1

      PURCHASE OF ADDITIONAL SERVICE AND UNREDUCED RETIREMENT LUMP SUM

      1. Table 1 Paying for additional service by a single payment

        1. Member’s age when employing authority receives notice of election (1)...

      2. Table 2 Paying for unreduced retirement lump sum by a single payment

        1. Member’s age when employing authority receives notice of election (1)...

      3. Table 3 Paying for additional service by regular additional contributions

        1. Member’s age at next birthday after employing authority receives notice...

      4. Table 4 Paying for unreduced retirement lump sum by regular additional contributions

        1. Member’s age at next birthday after employing authority receives notice...

    2. SCHEDULE 2

      MEDICAL AND DENTAL PRACTITIONERS

      1. 1.Additional definitions used in this Schedule

      2. 2.Application of Regulations with modifications

      3. 2A.Membership: locum practitioners

      4. 3.Meaning of “pensionable earnings"

      5. 4.Calculating pensionable earnings of medical practitioners in partnership

      6. 5.Elections relating to calculation of “pensionable earnings" in medical partnerships

      7. 5A.Distribution of pensionable earnings between type 1 dental practitioners employed or engaged by the same GDS or PDS contractor

      8. 6.Meaning of “pensionable earnings" in relation to other practitioners

      9. 7.Exclusions and deductions from pensionable earnings — all practitioners

      10. 8.Limit on pensionable earnings — dental practitioners

      11. 9.Officer service treated as practitioner service

      12. 9A.Locum practitioners: breaks between contracts

      13. 10.Contributions to the scheme

      14. 11.Normal retirement pension

      15. 11A.Practitioners with benefits from both practitioner and officer service

      16. 12.Early Retirement Pension (ill–health)

      17. 13.Early retirement pension (employer’s consent)

      18. 14.Lump sum on member’s death in pensionable employment or after pension becomes payable

      19. 15.Widows, widowers or surviving civil partners pension on member’s death in pensionable employment

      20. 16.Increased widower’s pension

      21. 16A.Increased surviving civil partner’s pension

      22. 17.Child allowance — member dies in pensionable employment

      23. 18.Transfers from other pension arrangements

      24. 19.Members absent from work

      25. 20.Right to buy additional service and unreduced retirement lump sum

      26. 21.Members doing more than one job

      27. 22.Reduction of pension on return to NHS employment

      28. 23.Accounts and actuarial reports

    3. SCHEDULE 2A

      PENSION SHARING ON DIVORCE OR NULLITY OF MARRIAGE OR, ON THE DISSOLUTION OR NULLITY OF A CIVIL PARTNERSHIP

      1. 1.Discharge of liability in respect of a pension credit following the death of the person entitled to the pension credit

      2. 2.Safeguarded rights

      3. 3.Pension credit benefit

      4. 4.Commutation of the whole of pension credit benefit before normal benefit age

      5. 5.Commutation of the whole of pension credit benefit at normal benefit age

      6. 6.Pension credit member dies before pension credit benefit becomes payable

      7. 7.Pension credit member dies after pension credit benefit becomes payable

      8. 8.Excluded membership

      9. 9.Payment of lump sum on death

      10. 10.Transfers

      11. 11.General rules about benefits

      12. 12.Offset for crime, negligence or fraud

      13. 13.Loss of rights to benefits

      14. 14.Interest on late payment of benefits

      15. 15.Administrative matters

    4. SCHEDULE 3

      REVOCATIONS

  24. Explanatory Note