2014 No. 78
The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014
Made
Laid before Parliament
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State, with the consent of the Treasury, makes the following Regulations in exercise of the powers conferred by sections 10(1) to (3A), 12(2) and 24(1), (3) and (4) of, and Schedule 3 to, the Superannuation Act 19721.
In accordance with section 10(4) of that Act, the Secretary of State has consulted with representatives of persons likely to be affected by these Regulations, as appeared to the Secretary of State to be appropriate.
PART 1Introductory
Citation and commencement1
1
These Regulations may be cited as the National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014.
2
Subject to paragraph (3), these Regulations come into force on 13th March 2014.
3
This regulation and regulations 9 and 10 come into force on 20th February 2014.
PART 2Amendment of the National Health Service Pension Scheme Regulations 1995
Part 2: General2
The National Health Service Pension Scheme Regulations 19952 are amended in accordance with this Part.
Amendment of regulation A23
1
Regulation A2 (interpretation)3 is amended as follows.
2
At the appropriate place in the alphabetical order, insert—
“civil partner” and “civil partnership” are to be construed in accordance with regulation A4;
“marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided;
“widow” and “widower” do not include a reference to marriage of a same sex couple;
Insertion of regulation A44
After regulation A3 (approved Out of Hours providers), insert—
Civil partnerships and marriage of same sex couplesA4
1
In these Regulations, except as provided in paragraph (5), a reference to—
a
civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;
b
a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.
2
Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.
3
For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
4
The application of the Marriage (Same Sex Couples) Act 20134 in relation to these Regulations is modified so that—
a
section 11(1) and (2) has effect subject to paragraphs (1) to (3); and
b
Schedule 3 does not apply to the interpretation of these Regulations.
5
In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 20045.
Amendment of regulation G95
1
Regulation G9 (increased widower’s pension) is amended as follows.
2
In paragraph (5)6, omit sub-paragraph (a).
Amendment of regulation G136
1
Regulation G13 (increased surviving civil partner’s pension) is amended as follows.
2
In paragraph (6)7, omit sub-paragraph (a).
Amendment of regulation G167
1
Regulation G16 (purchase of surviving partner’s pension in respect of service before 6th April 1988) is amended as follows.
2
In paragraph (3)8, for sub-paragraph (a), substitute—
a
must be made either—
i
during the period beginning on 1st April 2008 and ending on 30th June 2009; or
ii
during the period beginning on 13th March 2014 and ending on 31st March 2015;
Amendment of regulation G178
1
Regulation G17 (increased surviving partner’s pension)9 is amended as follows.
2
In paragraph (1), for “If a member elects on or before 30th June 2009”, substitute “If a member makes a valid election pursuant to regulation G16(3)(a)”.
3
In paragraph (5), for “no later than 30th June 2009”, substitute “during either of the periods specified in regulation G16(3)(a)”.
PART 3Amendment of the National Health Service Pension Scheme Regulations 2008
Part 3: General9
The National Health Service Pension Scheme Regulations 200810 are amended in accordance with this Part.
Amendment of regulation 1.B.110
1
Regulation 1.B.1 (actuarial reports and accounts) is amended as follows.
2
After paragraph (3)11, insert—
3A
The Scheme actuary must prepare an actuarial report of the scheme at the 31st March 2012.
3B
The Scheme actuary must send a copy of the actuarial report of the scheme to the Secretary of State and the Treasury.
3C
Where the Secretary of State indicates to the Scheme actuary that the actuarial report referred to in paragraph (3A) is also to be used for the purposes of establishing a scheme under section 1 of the Public Service Pensions Act 201312 (“the proposed new scheme”), the Scheme actuary must prepare the report taking account of any Treasury directions given from time to time pursuant to sections 11(2) and 12(3) of that Act (including any specific requirements in those directions relating to a preliminary valuation undertaken for the purposes of setting the employer cost cap for the proposed new scheme).
Amendment of regulation 2.A.111
1
Regulation 2.A.1 (interpretation: general)13 is amended as follows.
2
At the appropriate place in the alphabetical order, insert—
“civil partner” and “civil partnership” are to be construed in accordance with regulation 2.A.1A;
“marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided;
“widow” and “widower” do not include a reference to marriage of a same sex couple;
Insertion of regulation 2.A.1A12
After regulation 2.A.1 (interpretation: general), insert—
Civil partnerships and marriage of same sex couples2.A.1A
1
In this Part, except as provided in paragraph (5), a reference to—
a
civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;
b
a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.
2
Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.
3
For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
4
The application of the Marriage (Same Sex Couples) Act 201314 in relation to these Regulations is modified so that—
a
section 11(1) and (2) has effect subject to paragraphs (1) to (3); and
b
Schedule 3 does not apply to the interpretation of this Part.
5
In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 200415.
Amendment of regulation 2.F.1013
1
Regulation 2.F.10 (acceptance of transfer value payments)16 is amended as follows.
2
In paragraph (5), omit “or the member’s spouse’s”.
Amendment of regulation 3.A.114
1
Regulation 3.A.1 (interpretation of Part 3: general) is amended as follows.
2
At the appropriate place in the alphabetical order, insert—
“civil partner” and “civil partnership” are to be construed in accordance with regulation 3.A.1A;
“marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided;
“widow” and “widower” do not include a reference to marriage of a same sex couple;
Insertion of regulation 3.A.1A15
After regulation 3.A.1 (interpretation of Part 3: general)17, insert—
Civil partnerships and marriage of same sex couples3.A.1A
1
In this Part, except as provided in paragraph (5), a reference to—
a
civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;
b
a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.
2
Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.
3
For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
4
The application of the Marriage (Same Sex Couples) Act 201318 in relation to these Regulations is modified so that—
a
section 11(1) and (2) has effect subject to paragraphs (1) to (3); and
b
Schedule 3 does not apply to the interpretation of this Part.
5
In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 200419.
Amendment of regulation 3.F.1016
1
Regulation 3.F.10 (acceptance of transfer value payments)20 is amended as follows.
2
In paragraph (10), omit “or the member’s spouse’s”.
PART 4Amendment of the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000
Part 4: General17
The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 200021 are amended in accordance with this Part.
Amendment of regulation 218
1
Regulation 2 (interpretation)22 is amended as follows.
2
At the appropriate place in the alphabetical order, insert—
“civil partner” and “civil partnership” are to be construed in accordance with regulation 2A;
“marriage” does not include a reference to marriage of a same sex couple unless otherwise provided;
“widow” and “widower” do not include a reference to marriage of a same sex couple;
Insertion of regulation 2A19
After regulation 2 (interpretation), insert—
Civil partnerships and marriage of same sex couples2A
1
In these Regulations, except as provided in paragraph (5), a reference to—
a
civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;
b
a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.
2
Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.
3
For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
4
The application of the Marriage (Same Sex Couples) Act 201323 in relation to these Regulations is modified so that—
a
section 11(1) and (2) has effect subject to paragraphs (1) to (3); and
b
Schedule 3 does not apply to the interpretation of these Regulations.
5
In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 200424.
Amendment of regulation 1520
1
Regulation 15 (payments by the Secretary of State) is amended as follows.
2
In paragraph (3)(b)(ii)25, after “spouse”, insert “, nominated partner or civil partner”.
PART 5Amendment of the National Health Service (Compensation for Premature Retirement) Regulations 2002
Part 5: General21
The National Health Service (Compensation for Premature Retirement) Regulations 200226 are amended in accordance with this Part.
Amendment of regulation 222
1
Regulation 2 (interpretation)27 is amended as follows.
2
At the appropriate place in the alphabetical order, insert—
“civil partner” and “civil partnership” are to be construed in accordance with regulation 2A;
“widow” and “widower” do not include a reference to marriage of a same sex couple;
Insertion of regulation 2A23
After regulation 2 (interpretation), insert—
Civil partnerships and marriage of same sex couples2A
1
In these Regulations, except as provided in paragraph (5), a reference to—
a
civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;
b
a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.
2
Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.
3
For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
4
The application of the Marriage (Same Sex Couples) Act 201328 in relation to these Regulations is modified so that—
a
section 11(1) and (2) has effect subject to paragraphs (1) to (3); and
b
Schedule 3 does not apply to the interpretation of these Regulations.
5
In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 200429.
PART 6Amendment of the National Health Service (Injury Benefits) Regulations 1995
Part 6: General24
The National Health Service (Injury Benefits) Regulations 199530 are amended in accordance with this Part.
Amendment of regulation 225
1
Regulation 2 (interpretation)31 is amended as follows.
2
At the appropriate place in the alphabetical order, insert—
“civil partner” and “civil partnership” are to be construed in accordance with regulation 2B;
“marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided;
“widow” and “widower” do not include a reference to marriage of a same sex couple;
Insertion of regulation 2B26
After regulation 2A (meaning of “practitioner”), insert—
Civil partnerships and marriage of same sex couples2B
1
In these Regulations, except as provided in paragraph (5), a reference to—
a
civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;
b
a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.
2
Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.
3
For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
4
The application of the Marriage (Same Sex Couples) Act 201332 in relation to these Regulations is modified so that—
a
section 11(1) and (2) has effect subject to paragraphs (1) to (3); and
b
Schedule 3 does not apply to the interpretation of these Regulations.
5
In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 200433.
Signed by authority of the Secretary of State for Health.
We consent
(This note is not part of the Regulations)