The National Health Service Pension Scheme Regulations 1995

Changes over time for: Section A2

Version Superseded: 05/04/2005

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InterpretationE+W+S

A2. In these Regulations—

“the previous regulations” means the National Health Service (Superannuation) Regulations 1980 M1;
[F1“the 1977 Act” means the National Health Service Act 1977;]
[F2“the 1993 Act” means the Pension Schemes Act 1993;]
[F3“1997 Act” means the National Health Service (Primary Care) Act 1997]
[F2“the 1999 Act” means the Welfare Reform and Pensions Act 1999;]
[F4“assistant practitioner” has the meaning given in paragraph 1 of Schedule 2;
“associate general practitioner” has the meaning given in paragraph 1 of Schedule 2;]
“buy–out policy” means a policy of insurance or annuity contract that is appropriate for the purposes of section 19 of the Pension Schemes Act 1993 M2 (extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts) and satisfies any requirements of the Inland Revenue and “buy out” shall be construed accordingly;
“cash equivalent” is to be construed in accordance with Chapter IV of Part IV of the Pension Schemes Act 1993;
“contracting–out requirements” means the requirements mentioned in section 9(2) of the Pension Schemes Act 1993;
[F5“dental hygienist” means a person whose name is included in the roll of dental hygienists referred to in regulation 21 of the Dental Auxiliaries Regulations 1986;
“dental list” means a list prepared in accordance with regulations made under section 36(1)(a) of the 1977 Act;
“dental pilot scheme employee” means an individual who, in connection with the provision of personal dental services in accordance with a pilot scheme, is employed by [F6a person] providing those services;
“dental therapist” means a person whose name is included in the roll of dental therapists referred to in regulation 25 of the Dental Auxiliaries Regulations 1986;]
“dependent child” is to be construed in accordance with regulation H1;
“employing authority” means—
(za)
[F7a Strategic Health Authority established under section 8 of the National Health Service Act 1977;]
(a)
[F8a Health Authority established under section 8 of the National Health Service Act 1977;
(aa)
a Special Health Authority established under section 11 of that Act;]
(b)
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(bb)
[F10a Primary Care Trust established under section 16A of that Act;]
(bbb)
[F11a Local Health Board established under section 16BA of that Act,]
(c)
a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 M3, F12...
(cc)
[F13an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003,]
(d)
any other body that is constituted under an Act relating to health services and which the Secretary of State agrees to treat as an employing authority for the purposes of the scheme [F14, F15...]
(e)
[F16a registered medical practitioner whose name is included in a list kept pursuant to regulations made under section 29 of the 1977 Act, working either as a sole practitioner, or a group of such practitioners acting jointly, whether or not practising in a partnership, in respect of the employment of practice staff [F17, and]]
(f)
[F18a person who is providing piloted services;]
“final year’s pensionable pay” has the meaning given in regulation C1(6);
“guaranteed minimum pension” means guaranteed minimum pension, or accrued rights to guaranteed minimum pension, under section 14 of the Pension Schemes Act 1993;
[F19“the health service” has the meaning given in section 128(1) of the 1977 Act;]
“health service scheme” has the meaning given in regulation R8(1);
[F4“locum practitioner” has the meaning given in paragraph 1 of Schedule 2;]
[F20“medical list” means a list prepared in accordance with regulations made under section 29(2)(a) of the 1977 Act;]
[F21“medical pilot scheme employee” means an individual who, in connection with the provision of personal medical services in accordance with a pilot scheme, is employed by [F22a person] providing those services;]
“member”, except where the context otherwise requires, means a person who is in pensionable service under the scheme or a person who has been in such service and in respect of whom benefits under the scheme are, or will become, payable;
“mental health officer” has the meaning given in regulation R3(14);
[F23“NHS dental employee” means an individual who, in connection with the provision of dental health services in the health service, is employed by–
(za)
[F24a Strategic Health Authority;]
(b)
a National Health Service trust;
(zaa)
[F25an NHS foundation trust;]
(aa)
[F26a Primary Care Trust;]
(aaa)
[F27a Local Health Board;]
(f)
a Health Authority;
(g)
a registered dentist; or
(h)
a registered dentist who is providing personal dental services in accordance with a pilot scheme;]
[F28“NHS employee” has the meaning given in section 2(3) of the 1997 Act;]
“NHS employment” means employment with an employing authority;
[F2“normal benefit age”, in relation to the scheme, means the age of 60;]
“occupational pension scheme” means an occupational pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 which is—
(a)
approved by the Inland Revenue for the purposes of [F29Chapter I] of Part XIV of the Income and Corporation Taxes Act 1988 M4 (retirement benefits schemes) or whose application for approval under that Chapter is under consideration,
(b)
a statutory scheme as defined in section 612(1) of the Income and Corporation Taxes Act 1988 (interpretation), or
(c)
a scheme to which section 608 of the Income and Corporation Taxes Act 1988 applies (superannuation funds approved before 6th April 1980);
“officer” means a person employed by an employing authority;
“opting–out” and related expressions are to be construed in accordance with regulation B4;
“pay period” means, in the case of an officer, the period in respect of which each payment of salary or wages is made in accordance with the officer’s contract of employment and, in the case of a practitioner, any period of three months ending on the last day of March, June, September or December;
[F2“pension credit” means a credit under section 29(1)(b) of the 1999 Act and includes a credit under corresponding Northern Ireland legislation;
“pension credit benefit” has the meaning given by section 101B of the 1993 Act;
“pension credit member” has the meaning given by section 124(1) of the Pensions Act 1995;
“pension credit rights” has the meaning given by section 101B of the 1993 Act;
“pension sharing order or provision” means an order or provision which is mentioned in section 28(1) of the 1999 Act;]
“pensionable employment” means NHS employment in respect of which the member contributes to the scheme;
“pensionable pay” has the meaning given in regulation C1;
“pensionable service” has the meaning given in regulation C2;
[F30“personal dental services” has the meaning given in section 1(8) of the 1997 Act;
“personal medical services” has the meaning given in section 1(8) of the 1997 Act;]
“personal pension scheme” means a personal pension scheme within the meaning of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 (personal pension schemes) which is approved by the Inland Revenue for the purposes of that Chapter;
[F31“pilot scheme” has the meaning given in section 1(1) of the 1997 Act;]
F32...
[F31“piloted services” has the meaning given in section 1(4) of the 1997 Act;]
[F33“practice staff” means persons (other than assistants, associates or trainee practitioners) employed by a registered medical practitioner whose name is included in a list kept pursuant to regulations made under section 29 of the 1977 Act, working as a sole practitioner, or by a group of such practitioners acting jointly, whether or not practising in a partnership, to assist with the provision of general medical services in accordance with arrangements made under section 29 of the 1977 Act;]
[F34“practitioner” means—
(a)
a registered medical practitioner, other than a trainee practitioner, who is an assistant practitioner, an associate general practitioner, a locum practitioner (other than a person treated as an officer under regulation R11), a principal practitioner or a person who is treated as a practitioner under regulation R11 (participators in pilot schemes), or
(b)
a registered dentist, other than a person who is paid wholly by way of salary by a National Health Service Trust [F35, an NHS foundation trust], a Primary Care Trust [F36, a Local Health Board] [F37, a Strategic Health Authority] or a Health Authority or a person treated as an officer under regulation R11;]
“preservation requirements” means the requirements of Chapter I of Part IV of the Pension Schemes Act 1993 relating to the preservation of benefits under occupational pension schemes;
[F4“principal practitioner” has the meaning given in paragraph 1 of Schedule 2;]
“Public Sector Transfer Arrangements” means the arrangements applying to certain public sector and other schemes under which a common basis for transfer payments is applied by the scheme and those other participating schemes;
“quarter” means a 3 month period ending on the last day of March, June, September or December;
“qualifying service” has the meaning given in regulation C3;
[F38“registered dentist” has the meaning given in section 53(1) of the Dentists Act 1984;]
“relevant daily proportion” means 1/365th of the amount that would apply in respect of one year;
“remuneration” is defined, for the purposes of Tables 1 and 2 of Schedule 1, in regulations Q4(4) and (5) (paying for additional service by single payment) and Q5(4) and (5) (paying for unreduced retirement lump sum by single payment);
[F2“safeguarded percentage” has the meaning given by section 68A(3) of the 1993 Act;
“safeguarded rights” has the meaning given by section 68A(1) of the 1993 Act;]
“scheme”, except where the context otherwise requires, means the National Health Service Pension Scheme for England and Wales, the rules of which are set out in these Regulations;
“special class officer” means a member to whom regulation R2 (special provision for certain nurses, physiotherapists, midwives and health visitors) applies or to whom regulation R3 (special provision for certain mental health officers) applies;
“specialist” means a consultant [F39, other than a nurse consultant, or a] senior hospital medical officer or senior hospital dental officer;
“State pension age” means age 65 for a man and age 60 for a woman;
“temporary additional session” has the meaning given in regulation R7(3) and (4);
“trainee practitioner” means a person who is being trained in general practice as a trainee general practitioner under arrangements made by the Secretary of State.
[F2“valuation day” means the day referred to in section 29(7) of the 1999 Act.]