PART 2E+WBENEFITS FOR OFFICERS

CHAPTER 2.CE+WCONTRIBUTIONS

Contributions by employing authoritiesE+W

2.C.5    Contributions by employing authorities: generalE+W

(1) Each employing authority must contribute to [F1this Section of] the scheme, in respect of each person who is an active member of [F1this Section of] the scheme in an employment with the authority, at such a rate as the Secretary of State specifies from time to time.

[F2(2) In specifying such a rate, the Secretary of State must—

(a)obtain the consent of the Treasury, and

(b)take account of the advice of [F1this Section of] the Scheme actuary and the cost of providing for any increase in pensions under the Scheme as a result of orders made under the provisions of the Pensions (Increase) Act 1971 and section 59 of the Social Security Pensions Act 1975.]

(3) Any contributions payable under this regulation must be paid to the Secretary of State on the same day as the member’s contributions under regulation 2.C.1.

(4) If for any period a person holds more than one employment with an employing authority in respect of which the person is an active member of [F1this Section of] the Scheme, this regulation and regulation 2.C.6 apply in respect of each of those employments as if it were the only employment held.

(5) The rate for the period commencing on 1st April 2008 and ending on 31st March 2009 is 14.0%.

[F3(6) In any particular case the Secretary of State may direct that, for the purposes of this Chapter, “employing authority” includes one or more of—

(a)the transferee under a transfer of staff order pursuant to—

(i)in the case of England, section 28(4)(b) of, or paragraph 29(3) of Schedule 4 to, the 2006 Act;

(ii)in the case of Wales, section 22(4)(b) of, or paragraph 8 of Schedule 3 to, the 2006 (Wales) Act;

(b)without limiting sub-paragraph (a), a successor, transmittee or assignee of an employing authority’s business or functions; and

(c)the last employing authority of a person to whom these Regulations apply.]

[F4(7) If a non-GP provider is—

(a)an employing authority which is a GMS practice, a PMS practice or an APMS contractor, or

(b)a shareholder in such an employing authority,

that non-GP provider must pay C5 contributions to the host Trust or Board.

This is subject to paragraph (8).

(8) If a non-GP provider is a shareholder or partner in one or more employing authority referred to in paragraph (7), each employing authority must pay C5 contributions on any pensionable earnings it pays to the non-GP provider or, as the case may be, on the non-GP provider’s share of the partnership profits, to the host Trust or Board.]

Textual Amendments