The National Health Service Pension Scheme (Amendment) Regulations 2007

Amendment of the National Health Service Pension Scheme Regulations 1995

2.—(1) The National Health Service Pension Scheme Regulations 1995(1) shall be amended as follows.

(2) In regulation A2 (definitions) at the appropriate place in alphabetical order, insert—

““NBSBPS” means the National Biological Standards Board Pension Scheme established on 1st July 1977;”.

(3) In regulation B1 (membership of the scheme) after paragraph (3), insert—

“(3A) A person who was a member of the NBSBPS (including a pensioner or deferred member) on 31st August 2007 may, if the Secretary of State considers it appropriate and regulation R8A applies, be a member of the scheme.”.

(4) After regulation R8 (former member of health service schemes), insert—

“Former members of the NBSBPS

R8A.— (1) This regulation applies—

(a) where, on 1st September 2007, the Secretary of State agrees to accept a single transfer payment in respect of all persons who were members of the NBSBPS on 31st August 2007 (including pensioner and deferred members) to the scheme; and

(b) whether or not that transfer payment is made on the same day the Secretary of State agrees to accept it.

(2) A person referred to in paragraph (1) who, on 31st August 2007, was not a pensioner or deferred member of the NBSBPS shall be credited with such period of pensionable service under the scheme as the Secretary of State may determine having first taken advice from the Scheme Actuary.

(3) Subject to paragraph (4), a deferred or pensioner member referred to in paragraph (1) shall be credited with a period of pensionable service under the scheme (together with the rights attaching to that credited service), calculated as if—

(a) the employment to which the NBSBPS applied was NHS employment that terminated on 31st August 2007; and

(b) his contributions to the NBSBPS were contributions to the scheme.

(4) Subject to paragraphs (5) and (6), a pensioner member who was entitled to a pension from the NBSBPS on 31st August 2007, shall be entitled to a member’s pension under this regulation—

(a) as from 1st September 2007; and

(b) at a yearly rate equal to the pension he was formerly entitled to from the NBSBPS.

(5) For the purpose of calculating any further lump sum payable under regulation F2 (member dies after pension becomes payable) there shall be taken into account any pension and lump sum payments made under the rules of the NBSBPS.

(6) For the purposes of calculating any benefits that become payable in accordance with regulations G3 or H4 (member dies after pension becomes payable) on or after 1st September 2007 to the widow, widower, surviving civil partner or dependent child of a pensioner member referred to in paragraph (1), the member’s pension referred to in those regulations means the member’s pension under paragraph (4) of this regulation calculated without regard to any reduction that may have been made to that pension to take account of—

(a) early retirement from the NBSBPS; or

(b) national insurance modifications whereby benefits provided under the NBSBPS are modified for the purposes of the National Insurance Acts 1946(2) and 1965(3).

(7) Subject to paragraph (2) and (6) of regulation G1 (widow’s pensions), paragraph (2) of regulation G7 (widower’s pensions) and paragraph (6) of regulation G10 (surviving civil partner’s pension)(4), a widow, widower or surviving civil partner of a pensioner member referred to in paragraph (1) who was entitled to a widow, widower’s or surviving civil partner’s pension from the NBSBPS on 31st August 2007, shall be entitled to such a pension under this regulation—

(a) as from 1st September 2007; and

(b) at a rate equal to the pension he or she was formerly entitled to from the NBSBPS.

(8) Subject to paragraph (3) of regulation H1 (dependent child), a dependent child of a pensioner member referred to in paragraph (1) who was entitled to a pension from the NBSBPS on 31st August 2007, shall be entitled to such a pension under this regulation—

(a) as from 1st September 2007; and

(b) at a rate equal to the pension he or she was formerly entitled to from the NBSBPS.”.

(1)

S.I. 1995/300.

(2)

1946. Ch.67.

(3)

1965 c.51.

(4)

Regulation G10 was inserted by regulation 2 of S.I.2005/3074.