The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009

Amendment of Schedule 2

9.—(1) Schedule 2 (Medical and Dental Practitioners) shall be amended as follows.

(2) In paragraph 9 (officer service treated as practitioner service)—

(a) in sub-paragraph (1), omit “type 1” (twice);

(b) in sub-paragraph (3)(a), omit “principal”;

(c) in sub-paragraph (3)(b), omit “type 1”;

(d) in sub-paragraph (5A)(a), omit “type 1”;

(e) after sub-paragraph (5B), insert—

“(5C) If—

(a) any part of the period of a member’s officer service is treated as practitioner service for the purposes of sub-paragraph (1) or (5A) (“the converted service”) and,

(b) any part of the converted service has been credited to the member as a result of a transfer-in under regulations N2 or N3 (but not regulation R8(2)) (“the converted service credit”),

the amount of pensionable pay deemed to be received in respect of the converted service credit will be calculated in accordance with paragraph 18 of this Schedule.”;

(f) in sub-paragraph (8), for “been a type 1 practitioner” substitute “officer service before first becoming a practitioner”.

(3) In paragraph 11A (practitioners with benefits from both practitioner and officer service) after sub-paragraph (5), insert—

“(6) A member who, before commencing the member’s final period of practitioner service, has service as an officer (whether that service as an officer consists of a separate period of such service or two or more such periods), and—

(a) that officer service is preceded by an earlier period of practitioner service, and

(b) some or all of the officer service is not concurrent with practitioner service,

shall, if it would be more favourable, be entitled to receive a separate pension and retirement lump sum for such part of that officer service that is not concurrent with the member’s practitioner service.

(7) The amounts of the pension and retirement lump sum referred to in sub-paragraph (6)—

(a) shall be subject to a 1.5% increase for each whole year or part of a year within the increment period,

(b) that increase shall be applied in like manner and at the same intervals as an increase applied to a pension under the Pensions (Increase) Act 1971(1), and

(c) that increase shall be effective immediately before the pension and lump sum become payable under these Regulations.

(8) The increment period referred to in sub-paragraph (7) shall—

(a) begin with the day immediately following the day on which the member’s service as an officer referred to in sub-paragraph (6) ceased for the last time, and

(b) end with the day immediately before the pension and retirement lump sum become payable under these Regulations.”.

(1)

1971 c.56.