The National Health Service Pension Scheme Regulations 1995

Members absent from work E+W+S

19.—(1) In the case of members who are practitioners, regulations P1 and P2 (absence from work) are modified so that the references to pensionable pay in regulations P1(3) and P2(3) are treated, in relation to the member’s employment as a practitioner, as references to pensionable earnings.

(2) Regulation P1 is further modified so that, if a member’s earnings in respect of employment as a practitioner are reduced during a period of absence from work by reason of illness or injury, the member’s pensionable earnings will be calculated as described in sub–paragraphs (4) and (5) below (instead of on the basis of the member’s earnings immediately before the absence started).

(3) Regulation P1 is further modified so that, if a member’s earnings in respect of employment as a practitioner cease during a period of absence from work by reason of illness or injury, the member will be treated as continuing in pensionable employment for a period of 12 months from the date on which the member’s earnings ceased and the member will not be treated as having left pensionable employment in accordance with regulation P1(4) until the end of that 12 month period. During the 12 month period, the member’s pensionable earnings will be calculated as described in sub–paragraphs (4) and (5) below.

(4) If the member is one of a number of practitioners who have elected as described in paragraph 4(2) above, each practitioner’s pensionable earnings will be calculated as if the partnership’s aggregate pensionable earnings were equal to the amount of the partnership’s aggregate pensionable earnings during the 12 month period ending immediately before the member’s earnings were reduced or ceased.

(5) Except where the member’s pensionable earnings fall to be calculated as described in sub– paragraph (4), the member will be treated as having continued to receive the same average rate of pensionable earnings as during the 12 month period ending immediately before his earnings were reduced or ceased.

[F1 (6) For the purposes of these Regulations for the duration of any pilot scheme—

(a) a member who is providing piloted services under a pilot scheme and who is absent from work by reason of illness or injury shall be treated as a practitioner whether or not his name is included on a medical [F2 or dental] list prior to the commencement of the pilot scheme; and

(b) a member who is a [F3 medical or dental] pilot scheme employee and who is absent from work by reason of illness or injury shall be treated as an officer whether or not his name is included on a medical list prior to the commencement of the pilot scheme.]

[F4 (7) Regulations P1 and P2 and the previous sub-paragraphs do not apply in the case of locum practitioners.]

Textual Amendments

F1 Sch. 2 para. 19(6) inserted (1.4.1998) by The National Health Service Pension Scheme (Amendment) Regulations 1998 (S.I. 1998/666), regs. 1, 12(3)

F2 Words in Sch. 2 para. 19(6)(a) inserted (1.10.1998) by The National Health Service Pension Scheme Amendment (No. 2) Regulations 1998 (S.I. 1998/2216), regs. 1, 9(2)(i)

F3 Words in Sch. 2 para. 19(6)(b) inserted (1.10.1998) by The National Health Service Pension Scheme Amendment (No. 2) Regulations 1998 (S.I. 1998/2216), regs. 1, 9(2)(ii)

F4 Sch. 2 para. 19(7) inserted (1.4.2001) by The National Health Service Pension Scheme (Amendment) Regulations 2002 (S.I. 2002/561), reg. 1(1)(a), Sch. para. 10(12) (with reg. 3)