The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) Amendment Regulations 2007

Amendments to the National Health Service Pension Scheme Regulations 1995

2.—(1) The National Health Service Pension Scheme Regulations 1995(1) shall be amended as follows.

(2) In regulation A2—

(a)omit the definitions of “the 1977 Act”, “GDS contractor”, “health care professional”, “NHS dental employee”, “NHS employee”, “personal medical services” and “section 28C arrangements”;

(b)insert each of the following definitions in the appropriate place in alphabetical order—

““the 2006 Act” means the National Health Service Act 2006(2);”;

““the 2006 (Wales) Act” means the National Health Service (Wales) Act 2006(3);”;

““Scheme Actuary” means the actuary appointed from time to time by the Secretary of State to provide advice in connection with the scheme;”;

““section 50 arrangements” has the meaning given by the 2006 (Wales) Act;”;

““section 64 arrangements” has the meaning given by the 2006 (Wales) Act;”;

““section 92 arrangements” has the meaning given by the 2006 Act;”;

““section 107 arrangements” has the meaning given by the 2006 Act;”;

(c)in the definitions of “APMS contract” and “APMS contractor”, for “section 16CC(2)(b) of the 1977 Act” substitute “, in the case of England, section 80(2)(b) of the 2006 Act or in the case of Wales, section 41(2)(b) of the 2006 (Wales) Act”;

(d)in the definition of “dental performers list”, for “section 28X of the 1977 Act” substitute “, in the case of England, section 106 of the 2006 Act or, in the case of Wales, section 63 of the 2006 (Wales) Act”;

(e)in the definition of “dentist performer”, for “section 16CA(2) of the 1977 Act” substitute “in the case of England, section 99(2) of the 2006 Act or, in the case of Wales, section 56(2) of the 2006 (Wales) Act”;

(f)in the definition of “employing authority”—

(i)in sub-paragraph (za), for “section 8 of the National Health Service Act 1977” substitute “section 13 of the 2006 Act”;

(ii)omit sub-paragraph (a);

(iii)in sub-paragraph (aa), for “section 11 of that Act” substitute “, in the case of England, section 28 of the 2006 Act or, in the case of Wales, section 22 of the 2006 (Wales) Act”;

(iv)in sub-paragraph (bb), for “section 16A of that Act” substitute “section 18 of the 2006 Act”;

(v)in sub-paragraph (bbb), for “section 16BA of that Act” substitute “section 11 of the 2006 (Wales) Act”;

(vi)in sub-paragraph (c), for “section 5 of the National Health Service and Community Care Act 1990” substitute “, in the case of England, section 25 of the 2006 Act or, in the case of Wales, section 18 of the 2006 (Wales) Act”;

(vii)in sub-paragraph (cc), for “section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003” substitute “section 30(1) of the 2006 Act”; and

(viii)after paragraph (j) insert—

“(k)as regards a person who is subject to a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(4), and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;

(l)as regards officers of a hospital of such classes as may be provided in an agreement to participate in benefits under these Regulations pursuant to section 235 of the 2006 Act (superannuation of officers of certain hospitals), and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;”;

(g)in the definition of “GDS contract”, for “section 28K of the 1977 Act” substitute “, in the case of England, section 100 of the 2006 Act or, in the case of Wales, section 57 of the 2006 (Wales) Act”;

(h)in the definition of “GMS contract”—

(i)in sub-paragraph (a), for “section 28Q of the 1977 Act” substitute “section 84 of the 2006 Act”;

(ii)in sub-paragraph (b), for “section 28Q of the 1977 Act” substitute “section 42 of the 2006 (Wales) Act”; and

(iii)for “section 176(3) of the 1977 Act” (twice) substitute “section 176(3) of the Health and Social Care (Community Health and Standards) Act 2003”;

(i)in the definition of “GP performer”—

(i)for “section 16CC(2)(a) of the 1977 Act” substitute “in the case of England, section 83(2)(a) of the 2006 Act or in the case of Wales, section 41(2)(a) of the 2006 (Wales) Act”; and

(ii)for “section 28C arrangements” substitute “an agreement pursuant to section 50 arrangements or section 92 arrangements”;

(j)in the definition of “the health service”, for “128(1) of the 1977” substitute “275 of the 2006”;

(k)for the definition of “PDS agreement” substitute—

““PDS agreement” means an agreement for the provision of primary dental services pursuant to section 64 arrangements or section 107 arrangements;”;

(l)in the definition of “PMS agreement”, for “section 28C arrangements under which primary medical services are provided” substitute “an agreement for the provision of primary medical services pursuant to section 50 arrangements or section 92 arrangements”; and

(m)in the definition of “type 2 dental practitioner”, for sub-paragraph (b)(i) substitute—

“(i)in the case of England, section 99(2) of the 2006 Act or, in the case of Wales, section 56(2) of the 2006 (Wales) Act; or”.

(3) In regulation D2—

(a)in paragraphs (2), (3)(f), (5)(b)(i), (5)(b)(ii), (6)(a), (6)(b), (7)(a) and (7)(b), for “the Government Actuary” substitute “the Scheme Actuary”;

(b)after paragraph (9) insert—

“(10) In any particular case the Secretary of State may direct that, for the purposes of this regulation, “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)(a) 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.”.

(4) In regulations E5(2) and (4) and E6(7)(b) for “the Government Actuary” substitute “the Scheme Actuary”.

(5) After regulation F1(1) insert—

“(1A) A lump sum on death shall be payable in accordance with regulation F5 where, on the day they died, the member is—

(a)under the age of 70;

(b)in NHS employment;

(c)no longer required to pay contributions pursuant to regulation D1(3) or (4) (contributions by members); and

(d)except where regulations E2(11) or R4(6) apply, not in receipt of a pension under any of regulations E1 to E5.”.

(6) In regulation F2(3), for “(3A) below” substitute “(4)”.

(7) After regulation G2(5) insert—

“(6) The widow’s pension payable on a member’s death if, on the day they died, the member is—

(a)under the age of 70;

(b)in NHS employment;

(c)no longer required to pay contributions pursuant to regulation D1(3) or (4) (contributions by members); and

(d)except where regulation R4(6) applies, not in receipt of a pension under any of regulations E1 to E5,

will be as described in paragraph (2) and (3), but with the modifications set out in paragraph (7).

(7) The modifications referred to in paragraph (6) are—

(a)in paragraph (2), for “member’s pensionable pay when he died” substitute “member’s final year’s pensionable pay”; and

(b)in paragraph (3), for “on the day he died” substitute “on his last day of pensionable employment”.”.

(8) After regulation H3(8) insert—

“(9) The child allowance payable on a member’s death if, on the day they died, the member is—

(a)under the age of 70;

(b)in NHS employment;

(c)no longer required to pay contributions pursuant to regulation D1(3) or (4) (contributions by members); and

(d)except where regulation R4(6) applies, not in receipt of a pension under any of regulations E1 to E5,

will be as described in paragraphs (2) to (8), but with the modifications set out in paragraph (10).

(10) The modifications referred to in paragraph (9) are—

(a)in paragraph (2), for “on the day he died” substitute “on his last day of pensionable employment”; and

(b)in each of paragraphs (6) and (7), for “member’s pensionable pay when he died” substitute “member’s final year’s pensionable pay”.”.

(9) In regulation J1—

(a)in paragraph (3), for “the Government Actuary” substitute “the Scheme Actuary”;

(b)for paragraph (4)(a) substitute—

“(a)on making a claim for payment of his benefits under regulation T1 (claims for benefits), or at any time after making such a claim but before the date on which a pension payable to him under the scheme is put into payment; or”.

(10) In paragraphs (1) and (2) of regulation M6, for “the Government Actuary” substitute “the Scheme Actuary”.

(11) In regulations N3A(2)(iii) and N4(2) and (3), for “the Government Actuary” substitute “the Scheme Actuary”.

(12) In regulation P1—

(a)in paragraph (1), for “or paternity leave” substitute “, paternity leave or parental leave”;

(b)in paragraph (4)(b)—

(i)before “in the case” insert “subject to paragraph (4A),”; and

(ii)for “or paternity leave” substitute “, paternity leave or parental leave”;

(c)after paragraph (4) insert—

“(4A) For the purposes of paragraph (4)(b), the rate of contributions payable shall be the rate that would have been payable on the basis of reduced earnings in accordance with paragraph (3)(a) had the member’s reduced earnings excluded any earnings for a day during which the member returned to work for the purposes of keeping in touch with the workplace.”; and

(d)after paragraph (7) insert—

“(8) For the purposes of this regulation, “maternity leave” includes any day during which the member returns to work for the purposes of keeping in touch with the workplace.”.

(13) In regulation Q1—

(a)in paragraph (7), for “The” substitute “Subject to paragraph (10), the”;

(b)after paragraph (9) insert—

“(10) Except in the case of a pension debit member who is a moderate earner, a member may not replace any rights debited as a consequence of a pension sharing order with any rights which he would not have been able to acquire (in addition to the debited rights) had the pension sharing order not been made.

(11) For the purposes of paragraph (10)—

“moderate earner” means a member whose pensionable pay during the tax year preceding the tax year in which his marriage is dissolved or annulled is not more than 25 per cent. of the permitted maximum for the tax year in which the dissolution or annulment occurred;

“pension debit member” means a person whose shareable rights under the scheme are subject to a debit under section 29(1)(a) of the 1999 Act;

“permitted maximum” means the same as in section 590C of the Income and Corporation Taxes Act 1988(5) (earnings cap); and

“tax year” means any year beginning on 6th April and ending on 5th April the following year.”.

(c)in the definition of “moderate earner” in newly inserted paragraph (11), after “his marriage” insert “or civil partnership”.

(14) In regulation Q7(6), for “the Government Actuary” substitute “the Scheme Actuary”.

(15) In regulation R1(3), after “Board” insert “with the modifications described in paragraphs 3, 4, 5, 10 and 23 of Schedule 2”.

(16) In regulation R5(4), after “whole-time employment” insert “and any amount by which the member’s actual final year’s pensionable pay in respect of part time employment exceeds the amount determined will be ignored”.

(17) In regulation S1(5)(b), for “section 18 of the National Health Service (Amendment) Act 1949 or section 104 of the National Health Service Act 1977” substitute “section 235 of the 2006 Act”.

(18) In regulation S4—

(a)after paragraph (1) insert—

“(1A) This regulation shall also apply to a member in respect of whom a pension is payable under regulation E2 (early retirement on grounds of ill-health) who—

(a)returns to pensionable employment after that pension becomes payable; and

(b)on the day they die, is—

(i)under the age of 70;

(ii)in NHS employment;

(iii)no longer required to pay contributions pursuant to regulation D1(3) or (4) (contributions by members); and

(iv)except where regulation R4(6) applies, not in receipt of a pension under any of regulations E1 to E5 in respect of his later service.”;

(b)for paragraph (3) substitute—

“(3) If this regulation applies, a lump sum payable on the member’s death shall be payable in addition to any lump sum payable under regulation F2.

(3A) The additional lump sum referred to in paragraph (3) shall be equal to 5 times the amount of the pension that would have been payable to the member had he left NHS employment and been entitled to a pension based on his later service under regulation E1 (normal retirement pension) on the date of the member’s death.”;

(c)in paragraphs (6) and (8), for “paragraph (3)” substitute “paragraph (3A)”.

(19) For regulation T1 substitute—

“A person claiming to be entitled to benefits under these Regulations and his employing authority, including any previous employing authority of his, shall provide such—

(a)evidence of entitlement; and

(b)authority or permission as may be necessary for the release by third parties of information in their possession relating to the person so claiming,

as the Secretary of State may from time to time require for the purposes of these Regulations.”.

(20) In regulation T2A, omit paragraphs (3), (4), (5) and (6).

(21) In regulation T7(2), for “the Government Actuary” substitute “the Scheme Actuary”.

(22) In regulation T8(4)—

(a)for the definition of “base rate” substitute—

““base rate” means the Official Bank Rate for the time being quoted by the Bank of England;”;

(b)in the definition of “due date”—

(i)after “means” insert “the later of”;

(ii)after sub-paragraph (e) insert—

“and the first day on which the Secretary of State is in possession of all information necessary to be able to calculate the value of the qualifying payment;”;

(c)in the definition of “qualifying payment”, after “these Regulations” insert—

“, and for these purposes—

shall be treated as a separate qualifying payment”; and

(d)omit the definition of “reference banks”.

(23) Omit regulation T8(5).

(24) In regulation U1A, for “by a registered medical practitioner appointed to act on his behalf” substitute—

“by—

(i)a registered medical practitioner (whether practising on his own or as part of a group); or

(ii)a body corporate or unincorporate employing such practitioners (whether under a contract of service or for services),

approved by the Secretary of State to act on his behalf”.

(25) In regulation U2, after “Secretary of State” insert “and any dispute shall be resolved by the Secretary of State in accordance with the dispute resolution procedure issued from time to time by her in conformity with section 50 of the Pensions Act 1995(6)”.

(26) In regulation U3, in paragraphs (3) and (4), for “the Government Actuary” substitute “the Scheme Actuary”.

(27) In Schedule 2—

(a)in paragraph 1—

(i)in the definition of “collaborative services”, for “section 26(4) of the 1977 Act” substitute “, in the case of England, section 80(6) of the 2006 Act or in the case of Wales, section 38(6) of the 2006 (Wales) Act”; and

(ii)in the definition of “commissioned services”, for “section 23 of the 1977 Act” substitute “, in the case of England, section 12 of the 2006 Act or in the case of Wales, section 10 of the 2006 (Wales) Act”;

(b)in paragraph 3—

(i)in sub-paragraph (2)(a)(v), for “section 16CC(2)(a) of the 1977 Act” substitute “in the case of England, section 83(2)(a) of the 2006 Act or in the case of Wales, section 41(2)(a) of the 2006 (Wales) Act”;

(ii)in sub-paragraph (2)(b), for “section 81(b) of the National Health Service Act 1977” substitute “in the case of England, section 185(1) of the 2006 Act or in the case of Wales, section 133(1) of the 2006 (Wales) Act”;

(iii)in sub-paragraph (2A)(a), for “sections 28E or 28N of the 1977 Act” substitute “, in the case of England, sections 94, 103 or 109 of the 2006 Act or in the case of Wales, sections 52, 60 or 66 of the 2006 (Wales) Act”; and

(iv)in sub-paragraphs (2B)(a)(ii) and (2C)(b), after “paternity leave” insert “, parental leave”; and

(c)in paragraph 5A(1)(b), after “adoption leave payments” insert “, parental leave payments”.