The National Health Service Pension Schemes (Amendment) Regulations 2023

PART 2 Amendment of the National Health Service Pension Scheme Regulations 1995

General

2.  The National Health Service Pension Scheme Regulations 1995(1) are amended in accordance with this Part.

Amendment of regulation K2

3.  In regulation K2 (guaranteed minimum pensions)(2), in paragraph (2)(b), for “reduced or suspended under regulation S1 or S2 (members who return to NHS employment after becoming entitled to a pension)” substitute “reduced under regulation S2 (reduction of pension on return to NHS employment)”.

Amendment of regulation R4

4.  In regulation R4 (members doing more than one job), omit paragraph (8).

Omission of regulation S1

5.  Omit regulation S1 (suspension of pension on return to NHS employment)(3).

Amendment of regulation S2

6.  In regulation S2 (reduction of pension on return to NHS employment), in paragraph (14), for the definition of “NHS employment” substitute—

““NHS employment” includes—

(a)

employment in respect of which regulations made under section 10 of the Superannuation Act 1972, and having effect in Scotland, apply; employment to which regulations made under Article 12 of the Superannuation (Northern Ireland) Order 1972 apply and employment commencing on or before 31st March 2012 to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald) applies; and

(b)

employment with an employer with whom an agreement has been made under section 235 of the 2006 Act or in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967.”

(1)

S.I. 1995/300.

(2)

Regulation K2 was amended by S.I. 2010/1634.

(3)

Section 45 of the Coronavirus Act 2020 made a temporary modification to regulation S1; this temporary modification was made again by S.I. 2022/273 as amended by S.I. 2022/1028, the effect of which was that the temporary modification to regulation S1 applied until the end of 31st March 2023.