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

    4. A4.Civil partnerships and marriage of same sex couples

  3. PART B Membership

    1. B1.Membership of this Section of the scheme

    2. B2.Restrictions on membership

    3. B3.Restriction on further participation in this Section of the scheme

    4. B4.Opting–out of this Section of the scheme

    5. B5.Opting into this Section of 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. D1A.Members’ contributions: redundancy

    3. D2.Contributions by employing authorities

    4. D3.Further contributions by employing authorities in respect of excessive pay increases

    5. D4.Scheme Administration Charge

  6. PART E Benefits for members

    1. E1.Normal retirement pension

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

    3. E2A.Ill health pension on early retirement

    4. E2B.Re-assessment of ill health condition determined under regulation E2A

    5. E2C.Further employment after a benefit is paid under regulation E2A

    6. E3.Early retirement pension (redundancy etc. additional provisions)

    7. E3A.Early retirement pension (termination of employment by employing authority)

    8. E3AB.Early retirement pension: additional contribution option

    9. E3B.Early retirement pension (redundancy etc. notifications)

    10. E3C.Early retirement pension (special classes)

    11. E3D.Continuing entitlement to an E1 or E5 pension

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

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

    14. E5A.Partial retirement pension

    15. E5B.Increase in pensionable pay following exercise of option under regulation E5A

    16. E5C.Application of regulations E5A and E5B with modifications where concurrent part-time employments held

    17. E6.Lump sum on retirement

    18. E7.General option to exchange part of pension for lump sum

  7. PART F Lump sum on death

    1. F1.Member dies in pensionable employment

    2. F2.Member dies after pension becomes payable (other than a pension under regulation E5A)

    3. F2A.Member dies after a pension under regulation E5A becomes payable

    4. F3.Member dies with preserved pension

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

    6. F5.Payment of lump sum

  8. PART G SURVIVING PARTNER PENSIONS

    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

    14. G14.Surviving scheme partner’s pension

    15. G15.Dependent surviving scheme partner’s pension

    16. G16.Purchase of surviving partner’s pension in respect of service before 6th April 1988

    17. G17.Increased surviving 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 or scheme 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 conditions to be overriding

    2. K2.Guaranteed minimum pensions

    3. K3.Late retirement

    4. K4.Early leavers

    5. K5.Guaranteed minimum pensions transferred to this Section of the scheme

    6. K6.Protected rights transferred to this Section of 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 a transfer or a buy out

    3. M3.Amount of member’s cash equivalent

    4. M4.Applications for transfer value payments: General

    5. M5.Applications for transfer value payments: time limits

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

    7. M7.Member’s right to transfer a preserved pension to the 2008 Section

    8. M8.Member’s right to transfer a preserved pension to the 2015 Scheme

  14. PART N Transfers from other pension arrangements

    1. N1.Member’s right to transfer accrued rights to benefits to this Section of 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 this Section of 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

    8. Q8.Option to pay additional periodical contributions to purchase additional pension

    9. Q9.Effect of member being absent or leaving and rejoining this Section of the Scheme during the contribution option period

    10. Q10.Members option to pay lump sum contributions to purchase additional pension

    11. Q11.Payment of additional lump sum contributions by employing authority

    12. Q12.Exercise of options under regulations Q8, Q10 and Q11

    13. Q13.Cancellation and cessation of options under regulation Q8

    14. Q14.Effect of payment of additional contributions under this Part

    15. Q15.Effect of death or early payment of pension after option exercised under regulation Q8, Q10 or Q11

    16. Q16.Effect of part payment of periodical contributions

    17. Q17.Revaluation of increases bought under options: members’ pensions

  17. PART R Special provisions for certain members

    1. R1.Practitioners and specialist trainees in general practice

    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. R8A.Former members of the NBSBPS

    10. R9.Members whose earnings are reduced

    11. R10.Polygamous marriages

    12. R11.Participators in pilot schemes

    13. 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. S3A.Benefits in respect of pensionable employment after pension becomes payable under regulation E2A

    5. S4.Benefits on death in pensionable employment after pension under regulation E2 becomes payable

    6. S4A.Benefits on death in pensionable employment after pension under regulation E2A becomes payable

  19. PART T General rules about benefits

    1. T1.Claims for benefits

    2. T1A.Provision of information: continuing entitlement to benefit

    3. T2.Deduction of tax

    4. T2A.Deduction of tax: further provisions

    5. T3.Benefits not assignable

    6. T4.Beneficiary who is incapable

    7. T5.Offset for crime negligence or fraud

    8. T6.Loss of rights to benefits

    9. T7.Commutation of trivial pensions

    10. T8.Interest on late payment of benefits

    11. T9.Interest and Administration Charges: late paid contributions

  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

    5. U4.Cost sharing

    6. U5.Benefit information statements

  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 this Section of 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. 12A.Partial retirement pension

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

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

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

      21. 16.Increased widower’s pension

      22. 16A.Increased surviving civil partner’s pension

      23. 16B.Increased dependent surviving scheme partner’s pension

      24. 16C.Increased surviving partner pension

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

      26. 17A.Preserved pension

      27. 18.Transfers from other pension arrangements

      28. 19.Members absent from work

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

      30. 21.Members doing more than one job

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

      32. 22A.Benefits on death in pensionable employment after pension becomes payable

      33. 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 on attaining normal benefit age

      4. 3A.Pension credit benefit before attaining normal benefit age (with actuarial reduction)

      5. 3B.Pension credit benefit before attaining normal benefit age (on grounds of ill health)

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

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

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

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

      10. 8.Excluded membership

      11. 9.Payment of lump sum on death

      12. 10.Transfers

      13. 11.General rules about benefits

      14. 12.Offset for crime, negligence or fraud

      15. 13.Loss of rights to benefits

      16. 14.Interest on late payment of benefits

      17. 15.Administrative matters

      18. 16.Medical determinations

    4. Schedule 2B

      Independent Providers

      1. 1.In this Schedule— “75% threshold” means 75% of the total...

      2. 2.An “ Independent Provider ” means a person that employs...

      3. 3.The “wholly or mainly condition”— (a) requires that any employee...

      4. 4.IP Guarantees

      5. 5.The Secretary of State may at any time require an...

      6. 6.Without prejudice to the generality of paragraphs 4 and 5,...

      7. 7.Where the Secretary of State requires an Independent Provider to...

      8. 8.Where an Independent Provider is required to provide an IP...

      9. 9.In order to ensure that the required level of cover...

      10. 10.Where paragraph 9(e) applies, and the Independent Provider determines that...

      11. 11.Paragraph 10 applies with equal effect where the Independent Provider...

      12. 12.Where paragraph 10 or 11 applies, and the Independent Provider...

      13. 13.Approval and Approval Applications

      14. 14.An Independent Provider must apply for approval on either—

      15. 15.An approval application must— (a) be in writing;

      16. 16.An approval application may nominate a date (“the nominated date”)...

      17. 17.Where paragraph 16 applies and— (a) the Secretary of State...

      18. 17A.Where paragraph 16 applies and— (a) the Secretary of State...

      19. 18.Where an approval application— (a) does not include a nominated...

      20. 19.Where an Independent Provider has been granted employing authority status,...

      21. 20.Where an Independent Provider has been granted employing authority status...

      22. 21.Where an Independent Provider is an associated Independent Provider (“AIP”)...

      23. 22.Where an Independent Provider, having been granted employing authority status,...

      24. 23.Those steps are to require the Independent Provider to—

      25. 24.Change from open approval to closed approval basis

      26. 25.A modification notice given in respect of one or more...

      27. 26.A modification notice must— (a) be in writing;

      28. 27.On the operative modification date— (a) the basis of the...

      29. 28.A person who is, but for a modification notice, otherwise...

      30. 29.Nothing in paragraph 28 prevents a person referred to in...

      31. 30.During the modification period, a person who was eligible to...

      32. 31.Change from closed approval to open approval basis

      33. 32.An Independent Provider that has previously modified its participation in...

      34. 33.An application referred to in paragraphs 31 and 32 must...

      35. 34.Where the Secretary of State is satisfied that the Independent...

      36. 35.The 75% Pensionable Pay Threshold and Contribution Surcharge

      37. 36.Where an Independent Provider has two or more qualifying contracts,...

      38. 37.Where the 75% threshold is exceeded, the Independent Provider must...

      39. 38.Where the Secretary of State is satisfied that the Independent...

      40. 39.Where the employer contribution surcharge has been imposed on all...

      41. 40.An Independent Provider must pay an employer contribution surcharge to...

      42. 41.If an Independent Provider fails to pay an employer contribution...

      43. 42.The Secretary of State may exceptionally waive all or any...

      44. 43.The rate of the employer contribution surcharge for the scheme...

      45. 44.Where the 75% threshold is exceeded, the whole of the...

      46. 45.Default Notices

      47. 46.A default notice must notify the Independent Provider—

      48. 47.The Secretary of State must provide the commissioning party to...

      49. 48.Where, one month after issue of a default notice, some...

      50. 49.Where the Secretary of State receives an amount from the...

      51. 50.Pension Returns

      52. 51.For— (a) paragraph 50(a), the relevant period is the complete...

      53. 52.The information referred to in paragraph 50 is—

      54. 53.Where any employee of an Independent Provider who became an...

      55. 54.Provision of information

      56. 55.Information referred to in paragraph 54 must be provided within...

      57. 56.The Secretary of State may, by notice in writing, require...

      58. 57.Termination of employing authority status by Secretary of State

      59. 58.The Secretary of State may terminate an Independent Provider’s status...

      60. 59.Where an Independent Provider’s status as an employing authority must...

      61. 60.Where an Independent Provider’s employing authority status is terminated, on...

      62. 61.Withdrawal of participation in this Section of the scheme

      63. 62.An Independent Provider may not give a withdrawal notice that...

      64. 63.The date on which withdrawal from this Section of the...

      65. 64.A withdrawal notice must— (a) be in writing; and

      66. 65.A withdrawal notice is effective in respect of all qualifying...

      67. 66.Where paragraph 64(b) is satisfied, a person who has given...

      68. 67.A person who could, but for a withdrawal notice, have...

      69. 68.Nothing in paragraphs 62 to 67 prevents a person from...

      70. 69.A person who was eligible to become an officer member...

      71. 70.An Independent Provider that has withdrawn from participation in this...

      72. 71.An application referred to in paragraph 70 must specify that...

      73. 72.Where after approval as an employing authority pursuant to this...

    5. SCHEDULE 3

      REVOCATIONS

  24. Explanatory Note