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The National Health Service Pension Scheme Regulations 1995
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Changes over time for: Paragraph 5
Version Superseded: 01/04/2000
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Elections relating to calculation of “pensionable earnings" in partnershipsE+W+S
5.—(1) Practitioners must exercise the elections described in paragraph 4(2) and (3) by giving notice in writing.
(2) Dental practitioners must give such notice to the Family Health Services Authority by which they wish the necessary action to be taken.
(3) In the case of medical practitioners, if all the practitioners in the partnership are on the list of a single Family Health Services Authority, they must give notice to that Authority. Otherwise they must give notice to the Authority that is responsible, under the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 M1, for assembling information about the total number of persons on the list of the practitioner or practitioners concerned.
(4) The notice must be signed by all the principal practitioners in the partnership and must state as a fraction each practitioner’s share in the partnership profits. In the case of medical practitioners, the notice must state the name of every Family Health Services Authority on whose list the name of any practitioner in the partnership is included.
(5) If medical practitioners wish account to be taken of remuneration received in respect of concurrent employment as officers, the notice must state, in respect of every practitioner in the partnership who is so employed, the name of the employing authority and the pensionable pay received in respect of that employment. The notice must also include an undertaking by the practitioners to give notice in writing to the Family Health Services Authority concerned at the end of each quarter, stating the pensionable pay received, in that quarter, in respect of employment as an officer by each practitioner in the partnership who is so employed.
(6) Any notice given under this paragraph will take effect from the date agreed between the practitioners and the Family Health Services Authority concerned. If no agreement is reached, the date will be decided by the Secretary of State.
(7) Any notice given under this paragraph may be cancelled or amended by a subsequent notice in writing signed by all the practitioners in the partnership. A notice will continue in effect until cancelled, or (if earlier) there is a change in the partnership.
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