The National Health Service Pension Scheme (Amendment) Regulations 2015

This Statutory Instrument has been made in consequence of defects in SI 2015/94 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2015 No. 581

Public Service Pensions, England And Wales

National Health Service, England And Wales

The National Health Service Pension Scheme (Amendment) Regulations 2015

Made

4th March 2015

Laid before Parliament

11th March 2015

Coming into force

1st April 2015

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 1, 3 and 25 of, and Schedule 3 to, the Public Service Pensions Act 2013(1).

In accordance with section 21 of the Public Service Pensions Act 2013, the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State likely to be affected by these Regulations.

In accordance with section 3(5) of the Public Service Pensions Act 2013, these Regulations are made with the consent of the Treasury.

Citation, extent and commencement

1.  These Regulations—

(a) may be cited as the National Health Service Pension Scheme (Amendment) Regulations 2015;

(b) come into force on 1st April 2015; and

(c) extend to England and Wales.

Amendment of the National Health Service Pension Scheme Regulations 2015

2.—(1) The National Health Service Pension Scheme Regulations 2015(2) are amended as follows.

(2) For regulation 18(1)(b) (membership of contractors), substitute—

“(b) an individual who is a medical contractor, or who is employed by a medical contractor or dental contractor, listed in Part 2 of that Schedule;”.

(3) In paragraph 1 of Schedule 6 (persons to whom the scheme may be extended)—

(a) after sub-paragraph (2)(c), insert—

“(d) who—

(i) is employed by Monitor(3); and

(ii) was at any time previously in employment in which the person was entitled to participate in pension benefits provided by this scheme or a connected scheme.”;

(b) in sub-paragraph (3), for “under these Regulations” substitute “by this scheme or a connected scheme”.

Signed by authority of the Secretary of State for Health.

Dan Poulter

Parliamentary Under-Secretary of State,

Department of Health

3rd March 2015

Mark Lancaster

Harriett Baldwin

Two of the Lords Commissioners of Her Majesty’s Treasury

4th March 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the NHS Pension Scheme 2015 set out in the National Health Service Pension Scheme Regulations 2015 (S.I. 2015/94). These Regulations are issued free of charge as a result of the changes made by amending regulations 2(2) and 2(3)(b) which address defects in S.I. 2015/94.

Amending regulation 2(3)(a) allows the Scheme to be extended to any employees of Monitor (the sector regulator for health services in England) who have at any time previously been entitled to participate in the NHS Pension Scheme 2015 or the National Health Service Pension Scheme set out in the form of two discrete sections under the National Health Service Pension Scheme Regulations 1995 (S.I. 1995/300) and the National Health Service Pension Scheme Regulations 2008 (S.I. 2008/653).

Amending regulation 2(2) ensures that membership of the NHS Pension Scheme 2015 is extended to individuals who are medical contractors.

Amending regulation 2(3)(b) allows the NHS Pension Scheme 2015 to be extended to persons who, while continuing in, or within twelve months after leaving, employment in which the person was entitled to participate in the NHS Pension Scheme 2015 or the National Health Service Pension Scheme set out in the National Health Service Pension Scheme Regulations 1995 and the National Health Service Pension Scheme Regulations 2008. Without this amendment, the extension would have been limited to persons entitled to participate in the NHS Pension Scheme 2015.

An impact assessment has not been prepared for this instrument for the following reasons. No impact on the costs of business or the voluntary sector is foreseen.

(1)

2013 c.25.

(2)

S.I. 2015/94.

(3)

See section 61 of, and Schedule 8 to, the Health and Social Care Act 2012 (c.7).