PART 1 INTRODUCTORY AND GENERAL

CHAPTER 1.A INTRODUCTION

“1.A.1 Citation and commencement

(1) These Regulations may be cited as the National Health Service Pension Scheme Regulations 2008.

(2) These Regulations come into force on 1st April 2008.

“1.A.2 Application of remaining Parts

(1) Part 2 of these Regulations provides for benefits to be payable in relation to service as an officer (as defined in that Part).

(2) Part 3 of these Regulations provides for benefits to be payable in relation to service as—

(a)a practitioner, or

(b)an OOH provider,

(both as defined in that Part).

(3) Part 4 of these Regulations modifies Parts 2 and 3 where a member has pensionable service under both Parts 2 and 3.

CHAPTER 1.B SCHEME REPORTS AND ACCOUNTS

“1.B.1 Actuarial reports and accounts

(1) The following paragraphs apply to the National Health Service Pension Scheme as set out in these Regulations and the National Health Service Pension Scheme Regulations 1995(4).

(2) The Secretary of State shall keep accounts of all income and expenditure of the scheme in a form approved by the Treasury.

(3) The accounts shall be open to examination by the Comptroller and Auditor General.

[^F1 (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 2013 (“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). ^F1]

^F2(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3 “1.B.2 Cost Sharing

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“1.B.3 Provision of information relevant for tax purposes

(1) A person who is entitled to a benefit under [^F4this Section of the Scheme^F4] must give the Scheme administrator such information as will enable the Scheme administrator to determine—

(a)whether a lifetime allowance charge arises on the person becoming entitled to the benefit, and

(b)if any such charge arises, the amount of the tax payable.

(2) Paragraph (1) applies whether or not the person intends to rely on having given notice under any of the provisions specified in section 256(1) of the 2004 Act (enhanced lifetime allowance regulations).

(3) If a person applying for a benefit under [^F5this Section of the Scheme^F5] intends to rely on entitlement by virtue of any such notice, in addition to the information mentioned in paragraph (1) the person must give the Scheme administrator the reference number issued by the Commissioners under the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006(5) in respect of that entitlement.

[^F6 (3A) If a person applying for a benefit under this Section of the Scheme intends to rely on entitlement to transitional protection against a lifetime allowance charge in accordance with paragraph 14 of Schedule 18 to the 2011 Act [^F7 or paragraph 1 of Schedule 22 to the Finance Act 2013^F7] , that person must give to the Scheme administrator the reference number issued by the Commissioners under the Registered Pension Schemes (Lifetime Allowance Transitional Protection) Regulations 2011 [^F8 or the Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Notification) Regulations 2013^F8] in respect of that entitlement.^F6]

[^F9 (3B) If a person claiming a benefit under these Regulations intends to rely on entitlement to individual protection against a lifetime allowance charge in accordance with paragraph 1 of Schedule 6 to the Finance Act 2014, that person must give to the [^F10 Scheme administrator^F10] the reference number issued by the Commissioners under the Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Individual Protection 2014 Notification) Regulations 2014 in respect of that entitlement.^F9]

(4) The information that a person is required to give under this regulation must be given—

(a)at the time the person makes a claim for a benefit, or

(b)within such period ending after that time as the Scheme administrator specifies in writing.

(5) If a person fails to comply with paragraph (4)(b), the Scheme administrator may calculate and pay tax due in respect of the lifetime allowance charge on the basis that the whole benefit is chargeable.

[^F11 (6) Paragraph (7) applies to members who are practitioners or non-GP providers.

(7) The members referred to in paragraph (6) shall provide the information required by regulation 15A of the Registered Pension Schemes (Provision of Information) Regulations 2006 in respect of their benefits under the Scheme in a manner prescribed from time to time by the Secretary of State.^F11]

PART 2 BENEFITS FOR OFFICERS

CHAPTER 2.A INTRODUCTION

General interpretation

“2.A.1 Interpretation: general

(1) In this Part—

[^F12 “75% threshold” means 75% of the total gross amounts payable in a scheme year to an Independent Provider by the commissioning party in respect of a qualifying contract they have entered into; ^F12]

“ the 1993 Act ” means the Pension Schemes Act 1993 ( 6 );

“ the 1995 Act ” means the Pensions Act 1995 ( 7 );

“ the 1995 Regulations ” means the National Health Service Pension Scheme Regulations 1995 ( 8 );

[^F13 “the 1995 Section ” means the section of the National Health Service Pension Scheme for England and Wales set out in the National Health Service Pension Scheme Regulations 1995 ; ^F13]

“ the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ( 9 );

“ the 1999 Act ” means the Welfare Reform and Pensions Act 1999 ( 10 );

“ the 2003 Act ” means the Health and Social Care (Community Health and Standards) Act 2003 ( 11 );

“ the 2004 Act ” means the Finance Act 2004 ( 12 );

^F14...

“ the 2004 Order ” means the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 ( 13 );

“ the 2006 Act ” means the National Health Service Act 2006 ( 14 );

“ the 2006 (Wales) Act ” means the National Health Service (Wales) Act 2006 ( 15 );

[^F13 “2008 Section Optant” has the meaning given in regulation 2.K.1; ^F13]

[^F15 “the 2008 Act” means the Pensions Act 2008 ; ^F15]

[^F15 “the 2010 Regulations” means the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 ; ^F15]

[^F16 “the 2011 Act” means the Finance Act 2011 ; ^F16]

[^F17 “the 2013 Act” means the Public Service Pensions Act 2013 ;

[^F18 “the 2014 Act ” means the Public Service Pensions Act (Northern Ireland) 2014 ; ^F18]

“the 2015 Scheme” means the scheme set out in the National Health Service Pension Scheme Regulations 2015 ; ^F17]

[^F19 “the 2016 Order” means the Pensions Act 2014 (Contributions Equivalent Premium) (Consequential Provision) and (Savings) (Amendment) Order 2016 ; ^F19]

“ active member ” has the meaning given in section 124(1) of the 1995 Act and, except where the context otherwise requires, refers to membership of [^F20 this Section of ^F20] the Scheme (but see regulation 2.D.5(9));

[^F17 “additional contribution option” means an option in the terms and conditions of a member’s employment that entitles the member to make an additional contribution towards the cost of paying a pension under regulation 2.D.11 if the lump sum payment otherwise payable to the member in accordance with those terms and conditions is insufficient to meet the cost of that pension in full; ^F17]

“ additional pension ”, in relation to a member, except where the context otherwise requires, means so much of any pension payable to a member as is payable by virtue of contributions made under regulations 2.C.8, 2.C.10 and 2.C.11;

“ additional services ” has the meaning given in regulation 3.A.1;

“ APMS contract ” means arrangements under [^F21 section 83(2) ^F21] of the 2006 Act or section 41(2)(b) of the 2006 Wales Act (primary medical services) between [^F22 NHS England ^F22] or Local Health Board and an APMS contractor;

“ APMS contractor ” means a person—

[^F15 “automatic enrolment date” means the date referred to in section 3(7) of the 2008 Act; ^F15]

[^F15 “automatic re-enrolment date” means the date determined in accordance with regulation 12 of the 2010 Regulations (as modified by regulation 14 of those Regulations); ^F15]

“ bank holiday ” means any day that is specified or proclaimed as a bank holiday, pursuant to section 1 of the Banking and Financial Dealings Act 1971 ( 16 );

“ base rate ” means the Bank of England base rate—

[^F23 “buy-out policy” means a policy of insurance or annuity contract that is appropriate for the purposes of section 19 of the 1993 Act ( 13 ) and satisfies any requirement of Her Majesty’s Revenue and Customs: and “buy-out” shall be construed accordingly; ^F23]

“ capped transferred-in service ”, must be read in accordance with regulation 2.F.12;

[^F24 “cash equivalent” is to be construed in accordance with Chapter 1 of Part 4ZA of the 1993 Act; ^F24]

[^F25 “ CCT ” means a Certificate of Completion of Training awarded under section 34L(1) of the Medical Act 1983 ^F26 ...; ^F25]

“ certification services ” means services related to the provision of medical certificates listed in Schedule 4 to the GMS Contracts Regulations;

[^F27 “civil partner” and “civil partnership” are to be construed in accordance with regulation 2.A.1A; ^F27]

[^F12 “ closed approval ” shall be construed in accordance with regulation 2.M.3; ^F12]

“ collaborative services ” means primary medical services provided by a GP performer, a GMS practice, a PMS practice, an APMS contractor or an OOH provider under or as a result of an arrangement between—

“ commissioned services ” means medical services provided under a contract between—

[^F12 “ commissioning party ” means a person who commissions services from an Independent Provider under a qualifying contract; ^F12]

[^F12 “ consumer prices index ” means the all items consumer prices index published by the Statistics Board of the UK Statistics Authority ^F37 ... ^F12]

^F38,F39... ...

“ the contribution option period ” has the meaning given in regulation 2.C.8(8);

[^F40 “ corresponding 1995 scheme ” means a corresponding health service scheme the provisions of which the Secretary of State has determined correspond to the provisions of the 1995 Regulations ;

“ corresponding 2008 scheme ” means a corresponding health service scheme the provisions of which the Secretary of State has determined correspond to the provisions of these Regulations; ^F40]

[^F41 “ corresponding health service scheme ” means—

“ deferred member ” has the meaning given in section 124(1) of the 1995 Act, except where the context requires otherwise, refers to membership of [^F43 this Section of ^F43] the Scheme (but see paragraph (3) and regulation 2.D.5(9));

“ dentist performer ” means a dental practitioner—

“ dependent child ” is to be construed in accordance with regulation 2.E.9;

“ dispensing services ” means the provision of drugs, medicines or appliances that may be provided as pharmaceutical services by a registered medical practitioner in accordance with arrangements made under regulation 20 of the National Health Service (Pharmaceutical Services) Regulations 1992 ( 18 );

[^F13 “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ; ^F13]

“ employing authority ” means—

“ employment ” includes an office or appointment (other than an honorary office or appointment), and related expressions are to be read accordingly;

[^F51 enhanced services, in relation to—

and in each case, includes local enhanced services and public health local enhanced services which were, prior to 1st April 2013, commissioned by a Primary Care Trust under regulation 2(1) of the GMS Contracts Regulations as—

“ GMS Contracts Regulations ” means—

“ GDS contract ” means a general dental services contract under section 100 of the 2006 Act or section 57 of the 2006 (Wales) Act (general dental services contracts: introductory);

“ GDS contractor ” means a person who is a party to a GDS contract, other than [^F22 NHS England ^F22] or a Local Health Board;

“ GMS contract ” means—

“ GMS practice ” means—

[^F54 “ GOS contract” means a contract under section 117 of the 2006 Act (general ophthalmic services contracts) for the provision of mandatory services and additional services as defined in regulation 2(1) of the General Ophthalmic Services Contracts Regulations 2008 ; ^F54]

“ GP performer ” means a registered medical practitioner, other than a GP Registrar or a locum practitioner, whose name is included in a medical performers list and who performs essential services, additional services, enhanced services, dispensing services, collaborative services, commissioned services, OOH services[^F55 , certification services, Board and advisory work, health-related functions exercised under section 75 of the 2006 Act, NHS 111 services or pharmaceutical services ^F55] (or a combination of those services)—

[^F54 “ GP provider” has the meaning given in regulation 3.A.1; ^F54]

[^F59 “ GP Registrar ” means a medical practitioner who is being trained in general practice by a GP trainer, whether as part of training leading to a CCT or otherwise; ^F59]

[^F60 “ GP trainer ” means a medical practitioner, other than a GP Registrar, who is approved by the General Medical Council for the purposes of providing training to a GP Registrar; ^F60]

“ the guarantee date ” has the meaning given in regulation 2.F.2(2);

“ guaranteed cash equivalent transfer value payment ” has the meaning given in regulation 2.F.3(3);

“ guaranteed minimum pension ” means guaranteed minimum pension, or accrued rights to guaranteed minimum pension, under section 14 of the 1993 Act;

[^F61 “the health service” has the meaning given in section 275 of the 2006 Act; ^F61]

^F62...

[^F63 “ IP guarantee ” shall be construed in accordance with regulation 2.M.2;

“ Independent Provider ” is to be construed in accordance with regulation 2.M.1; ^F63]

“ lifetime allowance ”, in relation to a person, has the meaning given in section 218 of the 2004 Act( 24 );

“ locum practitioner ” means a registered medical practitioner (other than a GP Registrar) whose name is included in a medical performers list and who is engaged, otherwise than in pursuance of a commercial arrangement with an agent, under a contract for services by—

“ lower earnings limit ” must be read in accordance with section 5 of the Social Security Contributions and Benefits Act 1992 ( 25 );

[^F67 “ lump sum and death benefit allowance ” in relation to a person, has the meaning given in section 637R of the Income Tax (Earnings and Pensions) Act 2003 ; ^F67]

“ lump sum rule ” has the meaning given in section 166 of the 2004 Act;

“ lump sum death benefit rule ” has the meaning given in section 168 of the Finance Act 2004 ;

[^F27 “marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided; ^F27]

“ member ”, except where the context otherwise requires, means an active member, [^F68 a non-contributing member, ^F68] a deferred member, a pensioner member or a pension credit member;

“ medical performers’ list ” means a list of registered medical practitioners prepared and published—

[^F69 “New to Partnership Payment Scheme” means the scheme set out in paragraphs 2.14 to 2.16 of the “Update to the GP contract agreement 2020/21 – 2023/24” dated 6th February 2020; ^F69]

“ NHS employment ” means employment with an employing authority;

[^F15 “NHS 111 services” means services provided as part of the telephone advice line commissioned by [^F30 an integrated care board ^F30] or [^F22 NHS England ^F22] ; ^F15]

[^F63 “ NHS standard contract ” means the [^F70 terms and conditions ^F70] from time to time drafted by [^F22 NHS England ^F22] pursuant to its powers under regulation 17 of [^F22 NHS England ^F22] and Clinical Commissioning Groups (Responsibilities and Standing Rules) [^F71 Regulations ^F71] 2012; ^F63]

[^F72 “NHS standard sub-contract” means a sub-contract that complies with [^F22 NHS England's ^F22] guidance “NHS Template Sub-Contract for the Provision of Clinical Services for use with the NHS Standard Contract 2021/22 (Full Length and Shorter Form versions) Guidance”; ^F72]

^F73...

[^F74 “non-contributing member” means a member who—

“ non-GP provider ” means—

“ occupational pension scheme ” means an occupational pension scheme within the meaning of section 1 of the 1993 Act which—

[^F75 “officer” means a person employed by an employing authority including a _dfnGP Registrar and a non-GP provider, but does not include—

“ officer service ” means pensionable service as an officer under this Part;

“ OOH provider ” has the meaning given by regulation 2.A.15;

“ OOH services ” means services which are required to be provided in the out of hours period and which, if provided during core hours by a GMS practice[^F76 , APMS contractor ^F76] or PMS practice to patients to whom the practice [^F77 or contractor ^F77] is required by its GMS contract[^F78 , APMS contract ^F78] or PMS agreement to provide essential services, would be or would be similar to essential services;

[^F63 “ open approval ” is to be construed in accordance with regulation 2.M.3; ^F63]

[^F54 “ophthalmic provider” means a registered medical practitioner who is a type 1 medical practitioner and who—

“ opting-out ” and related expressions are to be construed in accordance with regulation 2.B.5;

[^F80 “parental bereavement leave” has the meaning given in regulation 3 of the Parental Bereavement Leave Regulations 2020 ; ^F80]

[^F81 “pay period” means, in relation to members who receive either salary, wages or other regular payments under a contract of employment or a contract for services, the period in respect of which each payment is made in accordance with the terms of that contract; ^F81]

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

“ PDS contractor ” means a person who—

[^F13 “pension debit member” means a member of this Section of the Scheme whose benefits, or future benefits, under this Scheme have been reduced under section 31 of the 1999 Act (reduction under pension sharing order following divorce or nullity of marriage), whether before or after the member became a member of this Section of the Scheme; ^F13]

“ pensioner member ” has the meaning given in section 124(1) of the 1995 Act and, except where the context otherwise requires, refers to membership of [^F43 this Section of ^F43] the Scheme (but see paragraphs (3) and (4) and regulation 2.D.5(9));

“ pensionable earnings ” has the meaning given in regulation 3.A.7 (read with regulation 3.A.8);

“ pensionable employment ” means employment as an officer which is pensionable under this Part;

“ pensionable pay ” has the meaning given in regulation 2.A.8 (read with regulation 2.A.9);

“ pensionable service ” has the meaning given by regulations 2.A.2 and 2.A.3 (read with regulation 2.A.4);

“ pension credit ” means a credit under section 29(1)(b) of the 1999 Act and includes a credit under corresponding Northern Ireland legislation;

“ pension credit benefit ” has the meaning given by section 101B of the 1993 Act;

“ pension credit member ” has the meaning given by section 124(1) of the 1995 Act;

“ pension credit rights ” has the meaning given by section 101B of the 1993 Act;

“ pension sharing order or provision ” means such an order or provision as is mentioned in section 28(1) of the 1999 Act;

“ personal pension scheme ” means a personal pension scheme which—

“ PMS agreement ” means an agreement for the provision of primary medical services pursuant to —

“ PMS practice ” means—

with whom, or with whose members, [^F22NHS England^F22] or Local Health Board has entered into a PMS agreement under which primary medical services are provided (otherwise than by [^F22NHS England^F22] or Local Health Board);

[^F83 “practice staff” means a person who is not a registered medical practitioner, a _dfnGP registrar or a non-GP provider and who is employed by a _dfnGMS practice, a PMS practice, an _dfnAPMS contractor or an _dfnOOH Provider to assist in the provision of any of the following—

“ practitioner ” means—

“ preservation requirements ” means the requirements of Chapter 1 of Part 4 of the 1993 Act relating to the preservation of benefits under occupational pension schemes;

“ public sector transfer arrangements ” means arrangements approved by the Secretary of State as providing reciprocal arrangements for the payment and receipt of transfer values between [^F43 this Section of ^F43] the Scheme and other occupational pension schemes;

[^F63 “ qualifying contract ” means a contract between a relevant commissioning party and an Independent Provider the primary purpose of which is the provision of clinical health care services for the NHS and which is—

“ qualifying service ” has the meaning given in regulation 2.A.5 (read with regulation 2.A.6);

“ recent leaver ” has the meaning given in regulation 2.E.6(3);

“ reckonable pay ” has the meaning given in regulation 2.A.10 (read with 2.A.11 to 2.A.14);

“ registered ” means registered under Chapter 2 of Part 4 of the 2004 Act;

[^F87 “registered medical practitioner” means a fully registered medical practitioner within the meaning given in section 55 of the Medical Act 1983 ; ^F87]

“ retail prices index ” has the meaning given in section 989 of the Income Tax Act 2007 ( 29 );

^F88...

^F88...

[^F67 “ salary sacrifice arrangement ” means an arrangement under which the member gives up the right to receive an amount of pensionable pay in return for the provision of a benefit in kind including, but not limited to, a benefit consisting of a motor car or other vehicle, meals, care or vouchers; ^F67]

[^F89 “the Scheme” means the National Health Service Pension Scheme for England and Wales; ^F89]

“ the Scheme actuary ” means the actuary appointed by the Secretary of State for the time being to provide a consulting service on actuarial matters relevant to the Scheme;

[^F18 “scheme administration charge” means the charge provided for in regulation 2.C.6A. ^F18]

“ scheme year ” means a period of one year beginning with 1st April and ending with 31st March;

[^F19 “section 9(2B) rights” has the same meaning it has in the Occupational Pension Schemes (Schemes that were Contracted-out) ( No. 2) Regulations 2015; ^F19]

“ 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;

[^F90 “shared parental leave” has the meaning given in regulation 3(1) of the Shared Parental Leave Regulations 2014 ; ^F90]

“ specialist ” means a consultant, other than a nurse consultant, a senior hospital medical officer or senior hospital dental officer;

“ State pension age ” means pensionable age, as defined in section 181(1) of the 1993 Act;

“ tax year ” means a year of assessment for income tax purposes;

“ temporary additional session ” has the meaning given in regulation 2.A.8(5);

“ tier 1 ill-health pension ” must be read in accordance with regulation 2.D.8;

“ tier 2 ill-health pension ” must be read in accordance with regulation 2.D.8;

“ trade dispute ” has the meaning given in section 35(1) of the Jobseekers Act 1995 ( 30 );

“ type 1 medical practitioner ” has the meaning given in regulation 3.A.1;

[^F54 “Waiting Period Joiner” has the meaning given in regulation 2.L.1; ^F54]

“ whole-time ”, in relation to an employment that is comparable to one or more part-time employments, has the meaning given by paragraph (4).

[^F27 “widow” and “widower” do not include a reference to marriage of a same sex couple; ^F27]

[[^F91,F92 (2)^F92] In these Regulations—

(a) “host Board”—

(i)in respect of a non-GP provider who is a partner in a partnership that has entered into a PMS agreement for the provision of primary medical services, means [^F22 NHS England^F22] or each Local Health Board with whom that Provider has entered into such an agreement;

(ii)in respect of a non-GP provider who is a partner in a partnership that has entered into a GMS contract for the provision of primary medical services, means [^F22 NHS England^F22] or each Local Health Board with which that partnership has entered into such an agreement;

(iii)in respect of a non-GP provider who is a partner in a partnership that is an APMS contractor which has entered into an APMS contract for the provision of primary medical services, means [^F22 NHS England^F22] or each Local Health Board with which that partnership has entered into such a contract;

(iv)in respect of a non-GP provider who is a shareholder in a company limited by shares that is a GMS practice or a PMS practice or an APMS contractor which has entered into a GMS contract, PMS agreement or APMS contract for the provision of primary medical services, means [^F22 NHS England^F22] or each Local Health Board with which that company has entered into such an agreement or contract;

(v)in respect of a non-GP provider who is an individual who is a GMS practice or a PMS practice or an APMS contractor, means [^F22 NHS England^F22] or each Local Health Board with which that practice or contractor has entered into a PMS agreement or an APMS contract as such a practice or contractor;

(b)a person referred to in sub-paragraph (a) is deemed to be employed by [^F93 the Local Health Board or NHS England, as appropriate^F93] , except where—

(i)regulation 2.C.5(7) or (8) applies, or

(ii)contributions payable pursuant to regulation 2.C.5 by an employing authority in respect of a non-GP Provider: in such a case those contributions and any [^F94 scheme administration charge under regulation 2.C.6A and any supplementary charge^F94] or interest under regulation 2.J.9A which attaches to them, are not payable by [^F95 NHS England^F95] or a relevant Local Health Board but are payable by that non-GP Provider or by the practice in which they are a non-GP provider.^F91]

(3) In determining whether a person who is an active member or a pensioner member of [^F96this Section of^F96] the Scheme is also a deferred member of it, the fact that the person is an active member or a pensioner member and the person’s rights as such are to be disregarded.

(4) In determining whether a person is a pensioner member of [^F96this Section of^F96] the Scheme, the fact that the person is not entitled to payment of pension because of Chapter 2.H (abatement) is to be disregarded.

(5) For the purposes of this Part—

(a) an employment that is comparable to a part-time employment that is not held concurrently by a person with any other such employment is “whole-time” if it is employment for such number of hours or sessions as in the opinion of the Secretary of State amounts to whole-time employment in the case of an employment for services of the kind performed in the part-time employment, and

(b) an employment that is comparable to two or more part-time employments that are held concurrently by a person is “whole-time” if it is employment for such number of hours or sessions as in the opinion of the Secretary of State amounts to whole-time employment in the case of an employment for services of the kind performed in the two or more part-time employments.

“ [^F972.A.1A. Civil partnerships and marriage of same sex couples

(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 2013 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 2004 . ^F97]

Pensionable service

“2.A.2 Meaning of “pensionable service”

(1) In this Part, references to a member’s pensionable service, are references to the aggregate of the following periods–

(a)any period of service in respect of which the member contributes to [^F98this Section of^F98] the scheme under regulation 2.C.1 (contributions by members),

(b)^F99any period of absence from service which counts as pensionable service under regulation 2.A.4, ...

(c)any period of service credited to the member as pensionable service under Chapter 2.F (transfers from other pension arrangements) [^F100, and

(d)any period of pensionable service the member is entitled to count under Chapter 2.K.^F100]

This is subject to paragraph (2).

(2) A member’s pensionable service does not include—

(a)any period of service in respect of which the Secretary of State has paid contributions to another occupational pension scheme in respect of the member,

(b)in the case of a pensioner member or deferred member, any period taken into account—

(i)in determining the member’s entitlement to the pension in payment or, as the case may be, the deferred pension, or

(ii)in calculating the amount of that pension,

but, in the case of a pensioner member or deferred member entitled to a pension under regulation 2.D.5 (partial retirement) subject to paragraph (6),

(c)any period of service in respect of which the Secretary of State’s liability to provide benefits is discharged—

(i)by the payment of a contributions equivalent premium under section [^F10155^F101] of the 1993 Act[^F102 or article 3 of the 2016 Order^F102] ,

(ii)under regulation 2.C.18 (repayment of contributions), or

(iii)by the payment of a transfer value payment on transfer out under Chapter 2.F (transfers), or

(d)any period of service which would result in the aggregate mentioned in paragraph (1) exceeding 45 years.

(3) A member’s pensionable service must not exceed 45 years unless—

(a)the member gives notice in writing to the Secretary of State and the member’s employing authority of an intention to remain in pensionable service beyond 45 years, and

(b)that notice is received by the Secretary of State and the member’s employing authority—

(i)not earlier than three months before the member reaches 45 years pensionable service, and

(ii)by the end of the pay period during which the member reaches the 45 year limit.

(4) If the notice required by paragraph (3) has been properly received and the member has pensionable service in excess of 45 years—

(a)benefits under this Part shall be calculated by reference to a maximum of 45 years of pensionable service, and

(b)the Secretary of State shall select the years by reference to which the benefits are to be calculated, selecting the years which produce the most favourable result to the member.

(5) If, when the employment in which a person is an active member ceases, a payment is made in respect of untaken leave, for the purpose of this Part—

(a)the member’s pensionable service is treated as continuing for a period equal to the period of leave in respect of which payment is made, and

(b)the payment is treated as the member’s pensionable pay for that period.

(6) In the case of a pensioner member or deferred member entitled to a pension under regulation 2.D.5 (partial retirement), paragraph (2)(b) only applies to so much of the member’s pensionable service as is mentioned in regulation [^F1032.D.5(9)(a)^F103] (the specified percentage of the pensionable service as respects which the member is an active member on the option day).

(7) Regulation 2.A.3 makes further provision where service is in part-time employment.

[^F104 (8) Where a member is also a member of the [^F105 1995 Section ^F105] , any reference in this Part to “45 years” shall be taken to be a reference to a shorter period determined by the formula—

where—

SP is the shorter period, measured in years and days, and

LPS is the length of pensionable service (within the meaning of the 1995 Regulations), measured in years and days, giving rise to membership of _dfnthe [^F105 1995 Section^F105] and, in the case of a member of [^F106 that Section^F106] who has become entitled to a pension (including a preserved pension) under [^F106 that Section^F106] , including any period that was taken into account for the purpose of determining whether the member was entitled to that pension, or for the purpose of calculating the amount of that pension.^F104]

“2.A.3 Meaning of “pensionable service”: part-time service

(1) The number of days of a member’s pensionable service in part-time employment for a period is calculated by multiplying the total hours of employment during the period by 7, and dividing by the number of hours of employment per week for a comparable whole-time employment.

This is subject to paragraphs (2) to (6).

(2) If the part-time employment is for a specified number of sessions per week—

(a)paragraph (1) does not apply, and

(b)the number of days of the member’s pensionable service in the part-time employment for the period is calculated by multiplying the number of sessions of employment during the period by 7, and dividing by the number of sessions per week of the length of the specified sessions for a comparable whole-time employment.

This is subject to paragraphs (3) to (6).

(3) If during the period for which a part-time employment is held there is an alteration—

(a)in the case of an employment to which paragraph (1) applies, in the number of hours of employment per week for a comparable whole-time employment, or

(b)in the case of an employment to which paragraph (2) applies, in the number of specified sessions per week or the length of those sessions for a comparable whole-time employment,

separate calculations must be made under paragraph (1) or, as the case may be, paragraph (2) for the periods before and after the alteration.

(4) If, apart from this paragraph, a member’s pensionable service in respect of the part-time employments held for a period, calculated in accordance with paragraph (1) or (2), would exceed that period, the excess is ignored.

(5) Paragraphs (1) and (2) do not apply for the purposes of regulation 2.A.2(3) (45 year limit), and for those purposes part-time employments held concurrently are treated as a single employment.

(6) Temporary additional sessions are ignored in calculating a member’s pensionable service in a part-time employment.

“2.A.4 Pensionable service: breaks in service

(1) Paragraph (2) applies if a member is absent from work because of—

(a)illness or injury,

(b)maternity leave,

(c)adoption leave,

(d)^F107paternity leave, ...

(e)parental leave [^F108or shared parental leave^F108][^F109 , or

(f)parental bereavement leave.^F109]

(2) The period of absence counts as pensionable service if the member contributes to [^F110this Section of^F110] the scheme under regulation 2.C.1 in respect of the period of absence.

[^F111 (3) If a member is on leave of absence but does not fall within paragraph (1)(a) to [^F112 (f)^F112] , and contributes to [^F110 this Section of^F110] the Scheme under regulation 2.C.1 by contributions made at the same intervals as those made by the member before the absence, the maximum period of such leave that can be counted as pensionable service under this paragraph is—

(a)where the member contributes for a continuous period of 6 months commencing with the first day of the member’s leave of absence, 6 months, and

(b)where the member contributes for a continuous period of less than 6 months commencing with the first day of the member’s leave of absence, the period in respect of which the member pays those contributions.

(3A) If, having paid contributions for the period mentioned in paragraph (3)(a) a member remains on a leave of absence that does not fall within paragraph (1)(a) to [^F113 (f)^F113] and contributes to [^F110 this Section of^F110] the Scheme both member contributions under regulation 2.C.1 and employer contributions under regulation 2.C.5 by contributions made at the same intervals as those made by the member before the absence, the maximum period of such leave that can be counted as pensionable service under this paragraph is—

(a)where the member contributes for a continuous period of 18 months commencing immediately after the expiry of the period mentioned in paragraph (3)(a), 18 months, and

(b)where the member contributes for a continuous period of less than 18 months commencing immediately after the expiry of the period mentioned in paragraph (3)(a), the period in respect of which the member pays those contributions.^F111]

(4) This paragraph applies if a person—

(a)ceased to be an active member because of—

(i)ceasing to be employed in an employment in which the person is eligible to be such a member, or

(ii)exercising the option under regulation 2.B.5 (opting out of [^F110this Section of^F110] the Scheme), and

(b)less than 12 months after the date on which the person ceased to be an active member becomes such a member again.

(5) If paragraph (4) applies, the person’s pensionable service before the person ceased to be an active member and after the person became such a member again is treated as a single continuous period of pensionable service, unless paragraph (6) applies.

(6) This paragraph applies if—

(a)the person does not become a deferred member in respect of the pensionable service before the break in which the person was an active member,

(b)the person has received a repayment of contributions under regulation 2.C.18 in respect of that service (but see paragraph (8)), or

(c)the person’s rights under [^F110this Section of^F110] the Scheme in respect of that service have been extinguished under regulation 2.F.7 because a transfer value payment has been made in respect of them.

(7) In the case of a member who leaves pensionable service whilst the person is absent from work because of—

(a)illness or injury,

(b)maternity leave,

(c)adoption leave,

(d)^F114paternity leave, ...

(e)parental leave [^F115or shared parental leave^F115][^F116 , or

(f)parental bereavement leave.^F116]

this regulation applies as if the reference to 12 months in paragraph (4)(b) were a reference to 3 years.

(8) Paragraph (6)(b) does not apply if the person repays to the Secretary of State any contributions repaid to the person as mentioned in that paragraph, together with any interest paid to the person on those contributions, before the expiry of the period of 6 months beginning with the date on which the person becomes an active member again.

(9) For the regulations where paragraph (5) applies in respect of the service in which the person was an active member and becomes an active member again, see Chapter 2.G (re-employment and rejoining [^F110this Section of^F110] the Scheme).

Qualifying service

“2.A.5 Meaning of “qualifying service”_cross-notes

(1) In this Part, references to a member’s qualifying service, are references to the aggregate of the following periods—

(a)the member’s pensionable service under this Part other than such pensionable service as is referred to in regulation 2.A.2(1)(c) (transferred-in service),

(b)in the case of a person in respect of whom a transfer value in respect of his rights under another pension arrangement [^F117(including the [^F118 1995 Section^F118] )^F117] has been accepted under Chapter 2.F (transfers), a period equal to the person’s period as an active member in any occupational pension scheme in respect of which the rights accrued,

(c)in the case of a person who—

(i)became an active member on the transfer of the person’s employment to a new employer as the result of a transfer of an undertaking to that employer, and

(ii)has rights under another occupational pension scheme to which the person was eligible to belong in the person’s employment with the former employer, in respect of which no transfer payment has been accepted under regulation 2.F.10,

the period of employment that qualified the member for those rights,

(d)^F119any period treated as qualifying service under paragraph (3), (5) or (6) or under regulation 2.A.6, ...

(e)where the member ceased to be an active member under Part 3 not more than 12 months before becoming a member under this Part, any period of qualifying service under Part 3.

[^F120 (f)in the case of a person—

(i)who is eligible to join [^F121 this Section of^F121] the Scheme by virtue of regulation 2.B.1(5)(c), and

(ii)for whom the interval between leaving _dfnthe [^F118 1995 Section^F118] and joining [^F121 this Section of^F121] the Scheme is less than one month,

a period equal to the period of qualifying service (within the meaning of the 1995 Regulations), measured in years and days, that the member was entitled to count under regulation C3 of the 1995 Regulations when the member left that scheme^F120][^F122 ; ^F123...

(g)in the case of a 2008 Section Optant, any period of qualifying service the member is entitled to count under Chapter 2.K.^F122]

[^F124 (h)in the case of a Waiting Period Joiner referred to in regulation 2.L.1, a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section; ^F125...

[^F126 (i)in the case of a person who—

(i)ceased to be an active member of the 1995 Section on leaving NHS employment,

(ii)became a deferred member of that Section on leaving that employment and has not since become a pensioner member of that Section between the date of leaving that employment and joining this Section of the Scheme, and

(iii)became an active member of this Section of the Scheme during the period beginning with 1st October 2008 and ending with 31st March 2015 and five years or more since last leaving NHS employment,

a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section,^F126,F124]]

[^F127 (j)in the case of a person who—

(i)was a deferred member of the 1995 Section who gave notice for the purposes of paragraph (1) or (1A) of regulation B4 of the 1995 Regulations (opting out of this Section of the Scheme),

(ii)as a result of that notice was treated as ceasing to be an active member of that Section,

(iii)pursuant to that notice remains opted-out of that Section for five years or more, and

(iv)became an active member of this Section of the Scheme during the period beginning with 1st October 2008 and ending with 31 March 2015,

a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section, and

(k)in the case of a person who—

(i)was a deferred member of the 1995 Section who gave notice for the purposes of paragraph (1) or (1A) of regulation B4 of the 1995 Regulations and following that notice, ceased to be an active member of that Section for any one period of five years or more comprising the aggregate of—

(aa)any period during which the person left NHS employment, and

(bb)any period during which the person was treated as never having been an active member of that Section in accordance with paragraph (3) of regulation B4 of those Regulations in respect of one or more later periods of NHS employment entered into after having given the notice for the purposes of paragraph (1) or (1A) of that regulation, and

(ii)became an active member of this Section of the Scheme during the period beginning with 1st October 2008 and ending with 31st March 2015,

a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section.^F127]

(2) Paragraph (3) applies if a member who is employed on a casual basis—

(a)ceases to pay contributions because of a break in the employment in which the member is an active member of a period not exceeding three months, and

(b)re-enters employment in which the member is eligible to be an active member on the same basis after the break.

(3) For the purposes of this Part the member is treated—

(a)as continuing to be in qualifying service during the break, and

(b)as not being required to rejoin [^F121this Section of^F121] the scheme on re-entering the employment.

(4) For the other rules applying where there is a short break in service, see regulation 2.A.6.

(5) If—

(a)a pension becomes payable to a member under regulation 2.D.11 (early retirement on termination of employment by employing authority) in a case where regulation 2.D.13(5) applies, and

(b)the member has elected to take benefits under regulation 2.D.11 only in respect of the old employment and to continue to accrue rights to benefits in respect of any continuing employments in which the member is an active member,

the pensionable service in respect of which that pension is calculated is treated as qualifying service in relation to any employment in respect of which rights to benefits continue to accrue.

(6) In determining the service that is pensionable service for the purposes of this regulation, regulation 2.A.3 (meaning of “pensionable service”: part-time service) does not apply, but for those purposes part-time employments held concurrently are treated as a single employment.

“2.A.6 Qualifying service: disregard of breaks in service

(1) This regulation applies for the purpose of calculating the qualifying service of a member whose pensionable service ceases for an interval (other than in circumstances where regulation 2.A.5(2) applies).

(2) If the interval—

(a)does not exceed one month, or

(b)is due to a trade dispute,

the member’s qualifying service before and after the interval is treated as continuous for the purpose of calculating the member’s qualifying service after the interval (but the period of the interval is ignored).

This is subject to paragraph (6).

(3) For the purposes of paragraph (2) it does not matter if the member’s pensionable service before the interval is treated separately from that after the interval for the purpose of calculating the member’s benefits.

(4) If—

(a)a person who is an active member ceases to be employed in the employment that qualifies the person to belong to [^F128this Section of^F128] the Scheme and becomes a deferred member, but not a pensioner member, in respect of the service in that employment, and

(b)after a period not exceeding 12 months the person becomes employed again in such an employment and becomes an active member again in that employment,

qualifying service in the earlier employment is treated as a single continuous period of qualifying service with that in the later employment.

This is subject to paragraph (6).

(5) If—

(a)a person who is an active member in an employment opts to cease to be such a member whilst continuing to be employed in the employment and becomes a deferred member, but not a pensioner member, in respect of that service, and

(b)after a period not exceeding 12 months the person becomes such an active member again in that employment,

qualifying service in the earlier period of active membership is treated as a single period of qualifying service with that in the later period of such membership.

This is subject to paragraph (6).

(6)[^F129 Where^F129] —

(a)the person has received a repayment of contributions under regulation 2.C.18 in respect of the earlier period [^F130, paragraphs (4) and (5) do not apply^F130] (but see paragraph (7)), or

(b)the person’s rights under [^F128this Section of^F128] the Scheme in respect of that period have been extinguished under regulation 2.F.7 because a transfer value payment has been made [^F131, paragraphs (2), (4) and (5) do not apply^F131] .

(7) Paragraph (6)(a) does not apply if the person repays to the Secretary of State any contributions repaid to the person as mentioned in that paragraph together with any interest on those contributions, before the expiry of the period of 6 months beginning with the date on which the member becomes a member again.

(8) If—

(a)a member is a deferred member or pensioner member in respect of the period of pensionable service before pensionable service ceases for an interval, and

(b)the periods of pensionable service before and after pensionable service ceases for an interval are not treated as a single period of continuous service under regulation 2.A.4(5) or regulation 2.G.3(2)(a),

the period of pensionable service in respect of which the member is a deferred member or a pensioner member is treated as qualifying service in relation to the period after the interval.

Calculating service

“2.A.7 Calculation of periods of membership or service

(1) References in this Part to any period expressed in days are references to the period in question ignoring 29th February, expressed in days.

(2) For the purposes of [^F132this Section of^F132] the Scheme, and except where provided otherwise in this Part, periods of service are to be expressed in the first instance in complete days or fractions of a day, and the initial aggregation of periods that require to be aggregated is done in the first instance by reference to periods so expressed.

(3) If, when all periods of service that require to be aggregated have been aggregated, there is any excess part day over the number of whole days, that excess is rounded up to a full day.

(4) If service is referred to as service in years and days—

(a)the days referred to in paragraph (2), and

(b)the full days referred to in paragraph (3),

are converted into years and days on the assumption that a year contains 365 days.

(5) If service is referred to as service in years—

(a)the days referred to in paragraph (2), and

(b)the full days referred to in paragraph (3),

are converted into years by dividing the number of days by 365, and using the result to four decimal places.

Pensionable pay

“2.A.8 Meaning of “pensionable pay”

(1) In this Part, subject to the following provisions of this regulation, “pensionable pay” means all salary, wages, fees and other regular payments made to a person in respect of employment in which the person is an active member of [^F133 this Section of ^F133] the Scheme.

(2) In the case of a member who, in addition to one or more such employments, holds an honorary office or appointment, any distinction award payable to the member as a consequence of holding the honorary office or appointment, is treated—

(a)in the case of a member in one such employment, as pensionable pay of that employment, and

(b)in the case of a member in two or more such employments, as pensionable pay of such of those employments as the Secretary of State considers appropriate.

(3) “Pensionable pay” does not include—

(a)bonuses,

[^F134 (aa)pay awards and pay increases that are expressed by the Secretary of State to be non-consolidated,^F134]

(b)payments made to cover expenses, or

(c)payments for overtime.

(4) If—

(a)a person is an active member in respect of two or more part-time employments, and

(b)in the opinion of the Secretary of State, the total pensionable pay for the employments (apart from this paragraph) exceeds the amount that would be the pensionable pay for a comparable whole-time employment, not held concurrently with any other employment under which services of the kinds performed in the two or more part-time employments are performed,

the excess pensionable pay is ignored for the purposes of this Part.

[^F135 (5) In the case of a non-GP provider who is not in receipt of any salary, wages, fees or any other regular payment, pensionable pay means practitioner income less—

(a)any sum on account of practice expenses (for these purposes, contributions payable under regulation 2.C.1(5) or (6) are neither practitioner income nor practice expenses); and

(b)any payment or allowance made pursuant to the New to Partnership Payment Scheme.^F135]

(6) For the purposes of this regulation, the practitioner income of a non-GP provider means income that accrues to the non-GP provider which is derived from—

(a)a GMS contract;

(b)a PMS agreement;

(c)an APMS contract;

(d)payments from, or to, a practitioner who is a GMS practice, a PMS practice or an APMS contractor in respect of the performance of certification services, commissioned services[^F136 , collaborative services or health-related functions exercised under section 75 of the 2006 Act^F136] .

(7) In the case of a non-GP provider who is in partnership with a type 1 medical practitioner practising in partnership, the pensionable earnings of each non-GP provider who is a partner in a partnership shall be calculated by aggregating the pensionable earnings of each partner (including for this purpose, any amount that would constitute pensionable earnings in the case of any of them who are not included in the scheme) and, subject to paragraph (8), dividing the total equally by reference to the number of such partners.

(8) If the non-GP providers and any type 1 medical practitioners who are partners in a partnership do not share equally in the partnership profits, they may elect that each partner’s pensionable earnings shall correspond to each partner’s share of the partnership profits.

^F138(9) The calculations described in paragraph (8) will be made by [[^F137,F22 NHS England^F22] or^F137] the Local Health Board ... to which the partners are required to give notice of their election in accordance with paragraph (10).

^F139(10) Non-GP providers and any type 1 medical practitioners who are partners in any partnership must exercise the election described in paragraph (8) by giving notice in writing to their host ... Board in accordance with paragraph (11).

(11) A notice given under this regulation—

(a)must be signed by all the non-GP providers and type 1 medical practitioners in the partnership and must state as a fraction each non-GP provider’s and practitioner’s share in the partnership profits;

(b)will take effect—

(i)from the date agreed between the partners and [^F22NHS England^F22] or Local Health Board concerned; or

(ii)if no agreement is reached, a date decided by the Secretary of State;

(c)will continue in effect until cancelled or amended by a subsequent notice in writing signed by all the partners in the partnership;

(d)will be automatically cancelled upon a change in the members of the partnership.

[^F140 (12) Paragraphs (13) to (19) apply to a member who has remediable service within the meaning of section 1 of the Public Service Pensions and Judicial Offices Act 2022 that is pensionable service under this Section of the scheme by virtue of section 2(1) of that Act (remedial service treated as pensionable under Chapter 1 legacy schemes) and whose pensionable pay and pensionable service in this Section of the Scheme is derived from contributions made to the 2015 Scheme in the relevant scheme years in respect of that remediable service, if—

(a)at any time during that period of service, the terms of the member’s employment contract required the member to work less than whole-time, according to those terms, for any period of time; and

(b)the member received a relevant payment.

(13) The member, or if the member is deceased, the member’s personal representatives, may elect for all relevant payments to be included as pensionable pay for the purposes of this regulation, and for service in respect of that pensionable pay to be included in the member’s pensionable service for the purposes of regulations 2.A.2 and 2.A.3.

(14) The member’s employing authority must before 1st January 2026, or in exceptional circumstances such later time as the scheme manager decides, send a notice in writing to the member or as the case may be, the member’s personal representatives, that they may make an election under paragraph (13).

(15) The notice referred to in paragraph (14) must specify the amount of contributions the member and the member’s employing authority will be required to pay, and the amount of pensionable pay and pensionable service the member will be entitled to in respect of those contributions, if the member or as the case may be, the member’s personal representatives, makes an election under paragraph (13).

(16) An election under paragraph (13) must be—

(a)made—

(i)by the member or as the case may be, the member’s personal representatives, in writing in such form and including such information as the member’s employing authority requires;

(ii)in respect of all relevant payments received by the member; and

(b)received by the member’s employing authority before—

(i)the end of the period of three months beginning with the day on which the member is provided with the notice under paragraph (14); or

(ii)such later date before 1st July 2026 as the member’s employing authority considers reasonable in all the circumstances.

(17) For the purposes of this regulation, a relevant payment means so much of a payment of salary, wages, fees or other regular payment made to a member by the employing authority—

(a)in respect of any period of time worked by the member in excess of the work required by the terms of their employment contract described in paragraph (12)(a) up to the whole-time equivalent according to the terms of the member’s employment contract during a scheme year falling within the period of the member’s remediable service; and

(b)that was treated by the member’s employing authority as a payment for overtime for the purposes of regulation 27 of the 2015 Scheme.

(18) Where a member, or as the case may be, the member’s personal representatives, has made an election under paragraph (13), that member will be treated as if they had made an election under regulation 27A(2) of the 2015 Scheme (election for relevant payments to be included as pensionable earnings).

(19) If a member, or as the case may be, the member’s personal representatives, does not make an election under paragraph (13), all relevant payments made to that member will be treated as payments for overtime for the purposes of this regulation.^F140]

“2.A.9 Pensionable pay: breaks in service

(1) Paragraph (2) applies if a member is absent from work because of—

(a)illness or injury,

(b)maternity leave,

(c)adoption leave,

(d)^F141paternity leave, ...

(e)parental leave [^F142or shared parental leave^F142][^F143 , or

(f)parental bereavement leave^F143]

and the earnings used to calculate the member’s pensionable pay under regulation 2.A.8 are reduced or cease.

(2) For the purposes of this Part (apart from regulations 2.C.1 and 2.C.2), and subject to paragraph (3) [^F144in the case of a member who is not a non-GP provider and paragraph (7) in the case of a member who is a non-GP provider^F144] , amounts equal to the pensionable pay that the member would have received if those circumstances had not applied are treated as having been paid to the member.

(3) Paragraph (2) does not apply to a member[^F145 who is not a non-GP provider^F145] falling within paragraph (1)(a) as respects any period after the earnings used to calculate the member’s pensionable pay under regulation 2.A.8 have ceased to be paid to the member.

(4) For the purposes of regulations 2.C.1 and 2.C.2, if for any period whilst the member falls within—

(a)paragraph (1) the earnings used to calculate the member’s pensionable pay under regulation 2.A.8 are reduced, amounts equal to the reduced earnings are treated as pensionable pay, and

(b)paragraph (1)(b) to [^F146(f)^F146] the earnings used to calculate the member’s pensionable pay under regulation 2.A.8 are reduced, during any period following that period whilst the member continues to fall within that paragraph and no such earnings are paid, amounts equal to the reduced earnings are treated as pensionable pay.

(5) For the purposes of paragraph (4)(b), any pay received by a woman on maternity leave in respect of any days during which the member returns to work for the purposes of keeping in touch with the workplace is to be ignored.

(6) For the purposes of this Part, during any period of absence which counts as pensionable service under regulation 2.A.4(3) [^F147or (3A) (up to 24^F147] months’ leave of absence with full contributions) amounts equal to the rate of the member’s pensionable pay immediately before the absence are treated as pensionable pay.

(7) In the case of a non-GP provider who—

(a)is one of a number of non-GP providers or practitioners who have elected as described in regulation [^F1482.A.8(8)^F148] , each non-GP provider’s or practitioner’s pensionable earnings will be calculated as if the partnership’s aggregate pensionable [^F149earnings^F149] were equal to the amount of the partnership’s aggregate pensionable earnings during the 12 month period ending immediately before the member’s earnings were reduced or ceased;

(b)except where the non-GP provider’s pensionable pay falls to be calculated as described in sub-paragraph (a), the non-GP provider will be treated as having continued to receive the same average rate of pensionable earnings as during the 12 month period ending immediately before his earnings were reduced or ceased.

[^F150 (8) If the earnings used to calculate a member’s pensionable pay cease during a period of absence to which this regulation applies—

(a)a non-GP provider falling within paragraph (1)(a) will, subject to sub-paragraph (b), be treated as having continued in pensionable employment for a period of 12 months from the date on which the member’s earnings ceased and the member will not be treated as having left pensionable employment until the end of that 12 month period;

(b)a non-GP provider falling within paragraph (1)(b) to [^F151 (f)^F151] of this regulation who paid contributions on the basis of reduced earnings in accordance with paragraph (4)(b) will, subject to paragraph (9), continue to pay contributions at that rate, except that no refund of contributions or other benefit will be payable until the member actually leaves pensionable employment;

(c)a member other than a non-GP provider will, subject to paragraph (5), be treated as having left pensionable employment except that no refund of contributions or other benefit will be payable until the member actually leaves pensionable employment.

(8A) For the purposes of paragraph (8)(a)—

(a)during the 12 month period, the non-GP provider’s pensionable earnings will be calculated as described in paragraph (7)(a) or (b);

(b)at the end of the 12 month period, when the member is regarded as having left pensionable employment, no refund of contributions or other benefit will be payable until the member actually leaves employment.^F150]

(9) For the purposes of paragraph (8) [^F152(b)^F152] , the rate of contributions payable shall be the rate that would have been payable on the basis of reduced earnings in accordance with paragraph (4)(a) had the non-GP provider’s reduced earnings excluded any earnings for a day during which the non-GP provider, whilst on maternity leave, returned to work for the purposes of keeping in touch with the workplace.

(10) If a [^F153member^F153] fails to pay any contributions which are required to be paid to [^F154this Section of^F154] the Scheme in respect of a period of absence to which this regulation applies, the [^F153member^F153] will be treated as having left pensionable employment except that no refund of contributions or other benefit shall be payable unless the [^F153member^F153] actually leaves pensionable employment.

^F156(11) If a [^F155member^F155] to whom ... this regulation applies leaves pensionable employment or, by virtue of paragraph [^F157(8)(c), (8A)(b) or (10)^F157] , is treated as having left pensionable employment, without becoming entitled to a preserved pension, then if the [^F155member^F155] later returns to pensionable employment regulation 2.A.4(4) will apply as if the reference to 12 months were a reference to 3 years.

(12) The benefits payable on the death of a [^F158member^F158] whose earnings ceased during a period of absence to which paragraph (7) applies will be calculated as if the [^F158member^F158] had died in pensionable employment on the day before the [^F158member^F158] ’s earnings ceased.

Reckonable pay

“2.A.10 Meaning of “reckonable pay”: general

(1) This regulation applies for the purpose of determining the meaning of “reckonable pay” in relation to—

(a)^F159a member whose active membership ceases, ...

(b)a member becoming entitled to the immediate payment of a pension during the member’s active membership period—

(i)on the exercise of the option under regulation 2.D.5 (partial retirement: members aged at least 55), or

(ii)under regulation 2.D.1(1)(b)(ii) [^F160; or

(c)a non-contributing member^F160] .

(2) This regulation is subject to regulations 2.A.11 to 2.A.14 [^F161, 2.K.7 and 2.K.9 to 2.K.11^F161] .

[^F162 (3) A member’s “reckonable pay” is determined by the formula—

(4) If the period of the member’s pensionable service ending with the relevant day equals 365 days, “interim reckonable pay” means the member’s pensionable pay for that period.

(5) In this regulation—

(a) “the relevant day” means—

(i)^F163in a case within paragraph (1)(a), the day on which the member’s active membership ceases, ...

(ii)in a case within paragraph (1)(b), the day before that on which the member becomes entitled to the pension;

[^F164 (iii)in a case within paragraph (1)(c), the member’s last day of pensionable service.^F164]

(b) “the best consecutive 1095 day period” shall be determined by comparing—

(i)the period of 1095 days immediately preceding the relevant day (Period 1);

(ii)the period of 1095 days which overlaps Period 1 by 730 days (Period 2);

(iii)the period of 1095 days which overlaps Period 2 by 730 days,

and so on.

(6) Except where paragraph (4) or (7) applies, in this regulation “interim reckonable pay” means one-third of the member’s pensionable pay for the period of 1095 days—

(a)that begins—

(i)during the member’s pensionable service, and

(ii)within the period of 10 years ending with the relevant day, and

(b) for which the member’s pensionable pay was the highest (“the best consecutive 1095 day period”).

(7) If the member’s pensionable service within the period of 10 years ending with the relevant day—

(a)is less than 365 days, or

(b)exceeds 365 days but is less than 1095 days,

“interim reckonable pay” means the member’s pensionable pay for the period of the member’s pensionable service, divided by the number of days in that period and multiplied by 365.

(8) If two or more periods of pensionable service are treated as a single continuous period of pensionable service under—

(a)regulation 2.A.4(5) (pensionable service: breaks in service), or

(b)regulation 2.G.3(2) (exception to general rule in regulation 2.G.2),

the references in—

(i)paragraph (4) to a period of pensionable service equalling 365 days,

(ii)paragraph (5) to a period of 1095 days,

(iii)paragraph (7) to the period of pensionable service less than 365 days or more than 365 days but less than 1095 days,

are references to periods together amounting to periods of that length, disregarding any breaks during the single period.

(9) Paragraph (8) does not apply if the other employment is an employment in respect of which the member continues to accrue benefits in accordance with regulation 2.D.13 despite being entitled to a pension under regulation 2.D.11.

(10) If—

(a)a person’s reckonable pay in respect of an employment that the person has left falls to be determined under this regulation by reference to the person’s pensionable pay for any period in respect of an employment, and

(b)the person held that employment concurrently during that period with another employment in which the person was an active member,

the member’s pensionable pay for that period in the other employment must be taken into account in that determination.

[^F165 (11) For the purposes of this regulation, pensionable service does not include—

(a)any period of pensionable service that a member is entitled to count under Chapter 2.F unless the transfer value payment in respect of that service is accepted from a corresponding 2008 scheme;

(b)any period of pensionable service that a 2008 Section Optant is entitled to count under—

(i)regulation 2.K.3;

(ii)regulation 2.K.5, or

(iii)regulation 2.K.13.^F165]

“2.A.11 Adjustments for inflation in determining reckonable pay under 2.A.10

(1) In determining—

(a)the pensionable pay for the period of pensionable service referred to in 2.A.10(4),

(b)the period of 1095 days for which the member’s pensionable pay was the highest for the purposes of regulation 2.A.10(6), or

(c)the pensionable pay for either of the periods of pensionable service referred to in regulation 2.A.10(7),

the amount of pensionable pay is adjusted for inflation.

(2) The reference in paragraph (1) to adjusting the amount of pensionable pay for inflation, is a reference to increasing the member’s pensionable pay (for a specified period or periods) by an amount equal to the amount by which, at the relevant day, an official pension within the meaning of section 5(1) of the Pensions (Increase) Act 1971 first qualifying for an increase under that Act on the same day as the specified period, or periods, ended, would have been increased (if at all).

(3) In this regulation—

(a) “specified period” means any single scheme year falling in the period, or periods, referred to in 2.A.10(4), (6) or (7), and

(b) “the relevant day” has the meaning given in regulation 2.A.10(5).

“2.A.12 Restriction on pensionable pay used for calculating benefits in respect of capped transferred-in service

(1) This regulation applies for determining the amount of a member’s pensionable pay for the purposes of calculating so much of any benefit under [^F166this Section of^F166] the Scheme as falls to be calculated by reference to capped transferred-in service.

(2) If a member’s pensionable pay exceeds the permitted maximum, the excess is disregarded for the purposes of any such calculation as is mentioned in paragraph (1).

(3) In this regulation “permitted maximum” means–

(a)in relation to the tax year 2008-09, £117,600, and

(b)in relation to any later tax year, the figure found for that year under paragraphs (5) and (6).

(4) If the retail prices index for the month of September preceding the tax year 2009-10 or any later tax year is higher than it was for the previous September, the figure for that year is an amount arrived at by—

(a)increasing the figure for the previous tax year by the same percentage as the percentage increase in the retail prices index, and

(b)if the result is not a multiple of £600, rounding it up to the nearest amount which is such a multiple.

(5) If the retail prices index for the month of September preceding the tax year 2009-10 or any later tax year is not higher than it was for the previous September, the figure for that year is the same as for the previous tax year.

(6) In this regulation—

(a) “capped transferred-in service” has the meaning given by regulation 2.F.12; and

(b) “pensionable pay” has the meaning given by regulation 2.A.8.

[^F167Restriction of reckonable pay where the Secretary of State considers the amount is inordinate

2.A.12A—(1) Where, having regard to the matters referred to in paragraph (2), the Secretary of State considers that the amount which would otherwise constitute the member’s interim reckonable pay for the purposes of regulation 2.A.10 is inordinate, the Secretary of State may, determine what the amount of a member’s interim reckonable pay is to be and the date from which any change in the amount of that pay as a result of that determination is to take effect.

(2) Those matters are—

(a)any variations in the level of the member’s pensionable pay during a period not exceeding ten years and ending with the earlier of the date the member ceases to be in pensionable employment or the date the member dies;

(b)the general level of pensionable pay pertaining in NHS employment for members of the same or an equivalent grade or post during the period under consideration for the purposes of paragraph (a);

(c)promotion and re-grading prospects in NHS employment for members of the same or an equivalent grade or post during the period under consideration for the purposes of paragraph (a);

(d)any other matters the Secretary of State considers relevant.

(3) Where the Secretary of State determines the amount of a member’s interim reckonable pay pursuant to paragraph (1)—

(a) the difference between the amount which would, but for the determination pursuant to paragraph (1), be the member’s interim reckonable pay and the amount so determined pursuant to that paragraph and adjusted for the purposes of regulation 2.A.11, must be ignored for the purposes of this regulation (“the ignored amount”);

(b)any contributions referable to the ignored amount and paid by the member pursuant to regulation 2.C.1 shall, net of any tax payable, be refunded to that member;

(c)any contributions referable to the ignored amount and paid by the employing authority pursuant to regulation 2.C.5 are to be refunded to that employing authority.^F167]

“2.A.13 Meaning of “reckonable pay”: non-concurrent part-time employment

(1) This regulation applies if a member’s reckonable pay falls to be determined under regulation 2.A.10 by reference to the member’s pensionable pay for any period for a part-time employment that was not held concurrently with any other such employment in which the member was an active member.

(2) The member’s reckonable pay for that period in respect of the part-time employment is the amount that would have been paid in respect of that employment for that period if it had been a whole-time employment not held concurrently with any other employment.

This is subject to paragraph (4).

(3) For the purposes of paragraph (2) it is assumed that the same rate of pay per hour or session (or part of an hour or session) is paid for the whole-time employment as is paid per hour or session (or part of an hour or session) for the part-time employment.

(4) If, in a case where, apart from this paragraph, paragraph (2) would apply, it appears to the Secretary of State that, by reason of exceptional circumstances, the application of the assumptions in paragraph (3) for the purposes of paragraph (2) would result in an excessive amount being given by paragraph (2), that amount must be reduced by such amount as is in the opinion of the Secretary of State appropriate having regard to what would have been paid for that period in respect of a comparable whole-time employment.

(5) This regulation does not apply to the calculation of the reckonable pay of an active member or a pensioner member for the purposes of regulation 2.E.17(1) or (2) (lump sum payable on death of active or pensioner member).

“2.A.14 Meaning of “reckonable pay”: concurrent part-time employments

(1) This regulation applies if under regulation 2.A.10(10) a member’s reckonable pay falls to be determined by reference to the member’s pensionable pay for any period for two or more part-time employments held concurrently during that period.

(2) The member’s reckonable pay for that period is calculated as follows—

Step 1

Calculate the reckonable pay for each of the employments under regulation 2.A.13 as if it were not held concurrently with any other such employment.

Step 2

Find the appropriate fraction for each of the employments (see paragraph (3)).

Step 3

Add together the appropriate fraction of the reckonable pay for each of the employments as calculated at Step 1.

(3) Except where paragraph (4) applies, the appropriate fraction for an employment is—

(4) The appropriate fraction for an employment for a specified number of sessions per week is—

(5) If—

(a)one or more of the employments is an employment for a specified number of sessions per week, and

(b)one or more of the employments is not such an employment,

the denominator for the fractions given in paragraph (3) and (4) is calculated on the basis that a session is 3.5 hours or such number of hours as the Secretary of State may in any particular case determine.

“2.A.15 Out of hours providers

(1) For the purposes of these Regulations, an OOH provider is—

(a)a company limited by guarantee (which is not otherwise an employing authority)—

(i)in which all the members of the company are registered medical practitioners, APMS contractors, GMS practices or PMS practices, and the majority of those members are—

(aa)APMS contractors, GMS practices or PMS practices whose APMS contracts, GMS contracts or PMS agreements require them to provide OOH services; or

(bb)registered medical practitioners who are partners or shareholders in an APMS contractor, a GMS practice or a PMS practice which is a partnership or a company limited by shares and which is required to provide OOH services under its GMS contract, PMS agreement or APMS contract,

(ii)which has a contract with [^F30an integrated care board^F30] , [^F22NHS England^F22] , a Local Health Board, an APMS contractor or a GMS or PMS practice for the provision of OOH services, and

(iii)in respect of which [^F30an integrated care board^F30] , [^F22NHS England^F22] or Local Health Board appointed by the Secretary of State or the National Assembly of Wales to act on his or its behalf—

(aa)is satisfied that the provision of OOH services by the company is wholly or mainly a mutual trading activity;

(bb)is satisfied that the company has met all the conditions for being an OOH provider in this regulation; and

(cc)has, pursuant to a written application made by the company to it for that purpose, approved the company as an employing authority; or

(b)some other body corporate (which is not otherwise an employing authority) which—

(i)operates in the interests of those who are the recipients of the primary medical services it provides or of the general public;

(ii)operates on a not-for-profit basis;

(iii)is not an associated company in relation to another person;

(iv)has memorandum or articles or rules that—

(aa)prohibit the payment of dividends to its members; and

(bb)require its profits (if any) or other income to be applied to promoting its objects, and

(cc)require all the assets which would otherwise be available to its members generally to be transferred on its winding up either to another body which operates on a not-for-profit basis and whose purpose is to provide health or social care for the benefit of the community or to another body the objects of which are the promotion of charity and anything incidental or conducive thereto,

(v)has at least one member who is—

(aa)an APMS contractor, a GMS practice or a PMS practice; or

(bb)a partner in a partnership that is an APMS contractor, a GMS practice or a PMS practice; or

(cc)a shareholder in a company limited by shares that is an APMS contractor, a GMS practice or a PMS practice,

(vi)has a contract with [^F30an integrated care board^F30] , [^F22NHS England^F22] or Local Health Board, an APMS contractor, a GMS practice or a PMS practice, for the provision of OOH services, and

(vii)is approved as an employing authority by [^F30an integrated care board^F30] , [^F22NHS England^F22] or Local Health Board appointed by the Secretary of State to act on his behalf—

(aa)pursuant to a written application made by the body to it for that purpose; and

(bb)that [^F168integrated care board^F168] or [^F169NHS England, or that Local Health Board^F169] being satisfied that the body has met all the conditions for being an OOH provider in this regulation.

(2) For the purposes of paragraph (1)(b)(iii)—

(a)a body corporate is to be treated as another person’s associated company if that person has control of it, except if that person is an employing authority; and

(b)a person shall be taken to have control of a body corporate if he exercises, or is able to exercise, or is entitled to acquire, direct or indirect, control over its affairs.

(3) A company limited by guarantee or other body corporate which provides or is to provide OOH services and which wishes to be approved as an employing authority must make a written application to [^F30 an integrated care board ^F30] , [^F22 NHS England ^F22] or Local Health Board appointed by the Secretary of State to act on the Secretary of State’s behalf [^F170 (“the appointed NHS body”) ^F170] .

(4) An application referred to in paragraph (3) may specify the date from which approval by the [^F171 appointed NHS body ^F171] (if given) shall have effect (“the nominated date”).

(5) If a company limited by guarantee or other body corporate makes an application and—

(a)the [^F172appointed NHS body^F172] is satisfied that the company or other body corporate meets the conditions for approval or will do so at any nominated date which is later than the approval date; and

(b)it approves that application,

that approval shall take effect on the later of the nominated date and the approval date.

(6) If paragraph (5) applies, NHS employment shall be treated as commencing on the later of the nominated date (if any) and the approval date.

(7) For the purposes of this regulation the conditions for approval are those referred to in paragraph (1)(a) or (b) as the case may be.

(8) The [^F173appointed NHS body^F173] may give an OOH provider a notice in writing terminating its participation in [^F174this Section of^F174] the scheme where that provider—

(a)does not have in force a guarantee, indemnity or bond as required by the Secretary of State in accordance with regulation 2.C.7;

(b)has ceased to satisfy the conditions for approval;

(c)has notified the [^F175appointed NHS body^F175] that any one of the following events has occurred in respect of it—

(i) a proposal for a voluntary arrangement has been made or approved under Part I of the Insolvency Act 1986 ( 31 ) (“the 1986 Act”); or

(ii)an administration application has been made, or a notice of intention to appoint an administrator has been filed with the court, or an administrator has been appointed under Schedule B1 to the 1986 Act; or

(iii)a receiver, manager, or administrative receiver has been appointed under Part III of the 1986 Act; or

(iv)a winding-up petition has been presented, a winding-up order has been made or a resolution for voluntary winding-up has been passed under Part IV or Part V of the 1986 Act or an instrument of dissolution has been drawn up in accordance with section 58 of the Industrial and Provident Societies Act 1965(32); or

(v)notice has been received by it that it may be struck off the register of companies, or an application to strike it off has been made, under Part XX of the Companies Act 1985(33).

(9) An OOH provider—

(a)must give the [^F176appointed NHS body^F176] notice in writing upon the occurrence of any of the events referred to in paragraph (8)(c) and must give such notice on the same day as that event;

(b)that wishes to cease to participate in [^F174this Section of^F174] the scheme must give the [^F177appointed NHS body^F177] and its employees not less than 3 months notice in writing (to commence with the date of the notice) of that fact.

(10) An OOH provider must cease to participate in [^F174this Section of^F174] the scheme on—

(a)such date as the [^F178appointed NHS body^F178] may specify in a notice under paragraph (8);

(b)the day upon which the period referred to in paragraph (9)(b) expires if a notice under that provision has been given.

CHAPTER 2.B MEMBERSHIP

“2.B.1 Eligibility: general

(1) A person is eligible to be an active member of [^F179this Section of^F179] the Scheme[^F180 on or after 1st April 2015^F180] if conditions A to C are met and the person is not prevented by regulation 2.B.2, 2.B.3 or 2.B.6.

(2) Condition A is that the person is in NHS employment.

[^F181 (3) Condition B is that the person—

(a) enters NHS employment on or after 1st April 2008 and has service (“relevant service”) as an active member of this Section of the Scheme—

(i)^F182... before 1st April 2012; or

(ii)after 1st April 2012, but only where that service is pursuant to the provisions of Chapter 2.K,

(b)has not had a break in service for any one period of five years or more ending in the period starting on 2nd April 2012 and finishing on 1st April 2015, and

(c) meets all of the “other Section conditions” (see paragraph (5)).

(4) Condition C is that the person has not reached the age of 75 and was born on, or before, 31st August 1960.

(5) The “other Section conditions” are that—

(a)the person has not received a repayment of contributions under regulation 2.C.18 in respect of their relevant service;

(b)the person’s rights under this Section of the Scheme in respect of their relevant service have not been extinguished under regulation 2.F.7;

(c)the person is not entitled to a repayment of contributions under regulation 2.C.18 by virtue of paragraph (2)(a) to (c) of that regulation.

(6) A person—

(a)who—

(i)was in pensionable employment on 31 March 2012 but ceased to be so after that date, or

(ii)ceased NHS employment before 1 April 2012,

and is not the subject of a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967,

(b)who would, if paragraph (a) did not apply, fall within regulation 2.B.2(1B) to (1G), and

(c) to whom the Treasury’s guidance “ Fair Deal for staff pensions: staff transfer from central government ” applies,

may, if the Secretary of State considers it appropriate and makes a direction under 7 of the Superannuation (Miscellaneous Provisions) Act 1967, be a member of this Section of the Scheme.^F181]

[^F183Eligibility: transitional

2.B.1A—(1) A person is eligible to be an active member of this Section of the Scheme if—

(a)the person is not prevented from being so by regulation 2.B.2, 2.B.3 or 2.B.6, and

(b)either—

(i)the Secretary of State has accepted that person’s option to join this Section of Scheme under Chapter 2.K, or

(ii)that person meets all of the requirements in paragraph (2).

(2) Those requirements are that the person—

(a)is under age 75,

(b)was an active member of the 1995 Section on, or after, 1st April 2008,

(c)became a pensioner member of the 1995 Section on, or before, 1st October 2009,

(d)has either—

(i)returned to _dfnNHS employment since becoming a pensioner member referred to in (c), or

(ii)commenced for the first time _dfnNHS employment, and

(e)is not eligible to be an active member of the 1995 Section in respect of the employment referred to in (d).

This is subject to the following paragraphs of this regulation.

(3) A person referred to in paragraph (2) is eligible to be an active member of this Section of the Scheme, from the day immediately following the end of Waiting Period A, if that person is entitled to a pension under one of the following regulations of the 1995 Regulations—

(a)E1 (normal retirement pension),

(b)E2A(3)(a) (tier 1 ill-health pension on early retirement),

(c)E3A (early retirement pension (termination of employment by employing authority)), or

(d)E5 (early retirement pension (with actuarial reduction)).

(4) A person referred to in paragraph (2) shall be eligible to be an active member of this Section of the Scheme, from the day immediately following the longer of Waiting Period A and Waiting Period B, if that person is entitled to a pension under one of the following regulations of the 1995 Regulations—

(a)E2 (early retirement pension (ill health)),

(b)E3 (early retirement pension (redundancy etc additional provisions)).

(5) If a person referred to in paragraph (2) is entitled to a pension under regulation E2A(3)(b) (tier 2 ill-health pension on early retirement), that person shall be eligible to be an active member of this Section of the Scheme from the day immediately following whichever of the following occurs last—

(a)the anniversary of that person entering _dfnNHS employment, or

(b)the end of Waiting Period A.

(6) A person to whom paragraph (1)(b)(i) or (3)(b) applies and who is entitled to a tier 1 ill-health pension under regulation E2A(3)(a) of the 1995 Regulations, ceases to be eligible to be an active member of this Section of the Scheme from the date the Secretary of State makes a determination that that person is entitled to a tier 2 ill-health pension in place of that tier 1 ill-health pension under regulation E2B(3) of those Regulations (re-assessment of ill-health condition determined under regulation E2A).

(7) For the purposes of this regulation—

(a) “Waiting Period A” is a period of two calendar years beginning on the day the person becomes entitled to the pension under the 1995 Regulations ;

(b) “Waiting Period B” is a period beginning on the day the person becomes entitled to the pension under the 1995 Regulations which is equal to the calendar length of—

(i)any increase to the person’s pensionable service in the 1995 Section which has been applied in accordance with paragraph (3) of regulation E2 of the 1995 Regulations (early retirement pension (ill-health)), or

(ii)any additional service with which the person has been credited in accordance with regulation 5 of the National Health Service (Compensation for Premature Retirement) Regulations 2002.

(8) This regulation applies to any person who has previously been an active member of a corresponding 1995 scheme as though any reference to—

(a) the “1995 Section” includes a reference to that corresponding 1995 scheme;

(b) the “ 1995 Regulations ” includes a reference to any regulations, orders, rules or other instruments governing that corresponding 1995 scheme;

(c) regulations “E1”, “E2”, “E2A”, “E2B(3)”, “E3”, “E3A”, “E3A(3)(a)”, “E3A(3)(b)” or “E5” includes the equivalent of those regulations in a health service scheme the provisions of which correspond to the 1995 Regulations , and

(d) “ regulation 5 of the National Health Service (Compensation for Premature Retirement) Regulations 2002 ” includes the equivalent of that regulation as it applies to a member of a corresponding 1995 scheme. ^F183]

“2.B.2 Restrictions on eligibility: general

[^F184 (A1) A person is not eligible to be an active member of this Section of the Scheme in respect of service in NHS employment after 31st March 2022.

(A2) Paragraphs (1) to (14) of this regulation apply in respect of service in NHS employment before 1st April 2022.^F184]

[^F185 (A3) Nothing in paragraphs (1A) and (1C) to (1LF) of this regulation prevents a member’s remediable service within the meaning of section 1 of the Public Service Pensions and Judicial Offices Act 2022 being treated as pensionable service under this Section of the Scheme in accordance with section 2 of that Act (remediable service treated as pensionable under Chapter 1 legacy schemes).^F185]

(1) A person who is entitled to the immediate payment of a pension under [^F186this Section of^F186] the Scheme under a regulation that requires the person not to be in NHS employment may only be an active member in accordance with—

(a)regulation 2.D.5 ( [^F187partial^F187] retirement (members aged at least 55)),

(b)regulation 2.G.4 (effect of re-employment on tier 2 ill-health pensions),

(c)regulation 2.D.13 (exceptions to requirement that NHS employment must have ceased), or

(d)Chapter 2.G.

[^F188 (1A) A person who was born on, or after, 1st September 1960 is not eligible to be an active member of this Section of the Scheme in respect of service in NHS employment on, or after, 1st April 2015.

(1B) A person is not eligible to be an active member of this Section of the Scheme if that person has had a break in service ending on or after 2nd April 2012, and any of the following apply—

(a)that break in service is for any one period of five years or more;

(b)that person receives a repayment of contributions under regulation 2.C.18 in respect of their service before that break (see regulation 2.B.1(3)(a));

(c)that person becomes entitled to a repayment of contributions under regulation 2.C.18 by virtue of paragraph (2)(a) to (c) of that regulation in respect of their service before that break; or

(d)that person’s rights under this Section of the Scheme in respect of their service before that break have been extinguished under regulation 2.F.7 because a transfer value payment is made in respect of them.

(1C) A person who on 1st April 2012 has attained the age of 55 may not contribute to or accrue further pensionable service under this Section of the Scheme unless that person either—

(a)is, on 1st April 2015, an active member of this Section of the Scheme in accordance with regulation 2.B.1; or

(b)returns to NHS employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

(1D) Paragraph (1E) applies to a person—

(a)who, on 1st April 2012, has attained the age of 51 years and 7 months but has not attained the age of 55, and

(b)whose eligibility cessation date has not been reached (see paragraph (1F)).

(1E) A person referred to in paragraph (1D) may not contribute to or accrue further pensionable service under this Section of the Scheme unless that person either—

(a)is, on 1st April 2015, an active member of this Section of the Scheme in accordance with regulation 2.B.1, or

(b)returns to NHS employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

(1F) For the purposes of paragraph (1D), a person’s eligibility cessation date is to be determined according to the formula—

(1G) For the purposes of paragraphs (1C)(b) and (1E)(b), any break in service where the member was in pensionable service in an existing scheme (within the meaning of Schedule 5 to the 2013 Act) is to be disregarded.

(1H) Paragraph (1I) applies to a person who in the opinion of the Secretary of State—

(a)was previously an active member of a corresponding 2008 scheme,

(b)the regulations governing that corresponding scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act [^F189 or subsection (5) of section 18 of the 2014 Act^F189] that provide for exceptions to subsection (1) of [^F190 those sections^F190] , and

(c)pursuant to those provisions, the member would have been eligible to re-join that corresponding scheme if the member had returned to NHS employment for the purposes of that scheme on the day the member commenced NHS employment within the meaning of these Regulations.

(1I) The Secretary of State may permit a person referred to in paragraph (1H) to join this Section of the Scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous pensionable employment under the corresponding scheme referred to in paragraph (1H) will be treated as if it were previous pensionable employment under this Section of the Scheme.

(1J) Paragraph (1K) applies to a person who, in the opinion of the Secretary of State—

(a)was previously an active member in respect of service in an existing scheme (within the meaning of Schedule 5 to the 2013 Act [^F191 or Schedule 5 to the 2014 Act^F191] ),

(b)is not receiving a pension in respect of that service on the relevant day,

(c)the regulations of that existing scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act [^F192 or subsection (5) of section 18 of the 2014 Act^F192] that provide for exceptions to subsection (1) of [^F193 those sections^F193] ,

(d)pursuant to those provisions, the person would have been eligible to be an active member of the existing scheme if the member had returned to employment for the purposes of that scheme on the relevant day, and

(e)the member would, if the member’s previous service in the existing scheme had been previous service under this Section of the Scheme, have been eligible for active membership of this Section of the Scheme on the relevant day pursuant to paragraphs (1A) to (1G).

(1K) The Secretary of State may permit a person referred to in paragraph (1J) to join this Section of the Scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous service as an active member under the existing scheme referred to in paragraph (1J) will be treated as if it were previous service as an active member of this Section of the Scheme.

(1L) For the purposes of paragraphs (1J) and (1K) “the relevant day” is the day the member commences NHS employment for the purposes of these Regulations.

[^F194 (1LA) Paragraph (1LE) applies to a person if—

(a)paragraph (1LB) is satisfied, and

(b)that person’s employment was originally transferred out of the public sector (whether or not the employment from which that person is being transferred for the purposes of paragraph (1LB) to (1LF) is in the public sector).

(1LB) This paragraph is satisfied if, in the opinion of the Secretary of State—

(a)the person’s employment is transferred to an employing authority by virtue of—

(i)a transfer of undertakings, or

(ii)arrangements equivalent to a transfer of undertakings; and

(b)the employment from which the person is transferred—

(i)qualified that person for benefits under an occupational pension scheme, and

(ii)the rules of that scheme (in the opinion of the Secretary of State) entitle that person to receive benefits on retirement upon attaining the age of 65 years.

(1LC) The reference in paragraph (1LB) to arrangements equivalent to a transfer of undertakings is to arrangements—

(a)which the Secretary of State considers to be equivalent to the transfer of an undertaking, and

(b)under which the parties to the arrangements have agreed that the rights of a person whose employment is being transferred should, as far as practicable, be treated in the same way as they would have been under a transfer of an undertaking.

(1LD) For the purposes of paragraph (1LB)(b)(ii), a person is not to be treated as being entitled under the rules of a pension scheme to receive benefits upon, or prior to, attaining the age of 65 years, where such entitlement arises by virtue of any scheme rule making special provision—

(a)as to early retirement on the grounds of ill health, redundancy or otherwise, or

(b)for benefits to be reduced for early payment.

(1LE) The Secretary of State may permit a person referred to in paragraph (1LA) who would otherwise not be permitted to join this Section of the Scheme in accordance with regulation 2.B.1 to do so and, for the purposes of paragraphs (1C) to (1G), the member’s previous service as an active member under the occupational pension scheme referred to in paragraph (1LB)(b)(i) will be treated as if it were previous service as an active member of this Section of the Scheme.

(1LF) Before permitting a person referred to in paragraph (1LE) to join this Section of the Scheme the Secretary of State must take advice from the Scheme actuary.^F194]

(1M) A person referred to in paragraph (1C), (1E), (1I) [^F195 , (1K) or (1LE)^F195] may elect, using a form provided by the Secretary of State, not to make contributions or accrue further service under this Section of the Scheme in accordance with whichever of those paragraphs apply, but instead (where eligible) to become an active member of the 2015 Scheme.

(1N) Such an election—

(a)is irrevocable;

(b)must be given to the Secretary of State before the date specified by the Secretary of State in the election form;

(c)is to be treated as having been given on the date the election form is received by the Secretary of State.

(1O) The date referred to in (1N)(b) must be a date that is at least three months later than the date on which the Secretary of State provided the member with an election form.

(1P) An election shall be effective from the first day of the member’s pensionable employment in the 2008 Section falling on, or after, 1st April 2015, and from that date—

(a)that member is to be treated as if that member had been an active member of the 2015 Scheme, and

(b)contributions made in respect of the member in the 2008 Section shall be treated as if they had been contributions made in respect of that member in the 2015 Scheme.

(1Q) The Secretary of State may allow a member to exercise an election after the date specified under paragraph (1N)(b) where the Secretary of State considers that the member has not had a reasonable opportunity to consider whether to exercise an election before that date.^F188]

[^F196 (2) A person is not eligible to be an active member of this Section of the Scheme if the person—

(a)became a pensioner member of the 1995 Section or a corresponding 1995 scheme on, or before, 1st April 2008 (except if paragraph (1)(b)(i) of regulation 2.B.1A applies to that person), or

(b)became a pensioner member of the 1995 Section or a corresponding 1995 scheme on, or after, that date (except if paragraph (1)(b)(i) or (ii) of regulation 2.B.1A applies to that person [^F197 or that person became an active member of this Section of the Scheme before reaching normal benefit age for the purposes of the 1995 Section^F197] ), ^F198...

^F199(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F196]

(3) A person is not eligible to be an active member of [^F186this Section of^F186] the Scheme in respect of service in an employment if the person is an active member of a superannuation scheme established under section 1 or 9 of the Superannuation Act 1972 in respect of service in that employment.

(4) A person who is employed by a GDS or PDS contractor (other than a dentist performer) is not eligible to be an active member of the Scheme in respect of service in that employment.

(5) A person who holds an honorary appointment and does not at the same time hold any other employment which entitles him to be a member of [^F186this Section of^F186] the Scheme is not eligible to be an active member of [^F186this Section of^F186] the Scheme.

(6) A person is not eligible to be an active member of [^F186this Section of^F186] the Scheme in any further employment if the person—

(a)becomes entitled to a tier 2 pension under regulation 2.D.8, and

(b)opts to exchange that pension for a lump sum in accordance with regulation 2.D.15.

[^F200 (7) A person is not eligible to be an active member of [^F186 this Section of^F186] the Scheme in any future employment if the person—

(a)ceases to be entitled to a tier 1 ill-health pension under regulation 2.D.8, and

(b)becomes entitled to a tier 2 ill-health pension under that regulation on the date the Secretary of State makes a determination under regulation 2.D.9(3).

This is subject to paragraph (8).

(8) A person to whom paragraph (7) applies is eligible to be an active member of [^F186 this Section of^F186] the Scheme in any further employment after the first anniversary of that person’s first day of such employment following the date of the Secretary of State’s determination under regulation 2.D.9.^F200]

[^F201 (9) A person who satisfies Condition A or Condition B is not eligible to be an active member of [^F186 this Section of ^F186] the Scheme in respect of any period of _dfnNHS employment on or after 1st July 2009 (“the relevant employment”) with effect from the later of—

(a)that date, and

(b)the date on which Condition A or Condition B is met.

(10) Condition A is that on or after 13th January 2009—

(a)that person is employed by an employing authority,

(b) the relevant employment commences in accordance with an arrangement under which it is the intention of the employing authority to retain that person as an employee following that person’s objection to that person’s transfer to another body (which is not an employing authority) (“a retention arrangement”), and

(c)but for that retention arrangement—

(i)the transfer of that person’s employment would be a relevant transfer for the purposes of the TUPE Regulations, or

(ii)that person’s employment would, in the Secretary of State’s opinion, transfer from the employing authority to another employer in the public sector by virtue of an arrangement broadly equivalent to a _dfnTUPE transfer.

(11) Condition B is that on or after 13th January 2009—

(a)that person—

(i)is seconded from an employing authority to another body (which is not an employing authority), but

(ii)remains an employee of that employing authority during that secondment, and

(b)the purpose of that secondment is, in the opinion of the Secretary of State, for that person to assist that other body in the discharge of any functions which have previously transferred to that other body from that employing authority.

(12) A person referred to in paragraph (9) may be an active member of [^F186 this Section of^F186] the Scheme in respect of the relevant employment referred to in that paragraph if the Secretary of State considers it appropriate, having regard to the nature of that employment and the circumstances under which it takes place, to accept that person as such a member.

(13) The reference in paragraph (10)(c)(ii) to an arrangement broadly equivalent to _dfna _dfnTUPE transfer is to an arrangement—

(a)which, having regard to the purpose of the arrangement and its effect on the functions of the employing authority, the Secretary of State considers has that equivalence, and

(b)under which the Secretary of State requires the parties to agree that the rights of the person whose employment is being transferred should, as far as practicable, be treated no less favourably than they would have been under a _dfnTUPE transfer.

[^F202 (13A) For the purposes of paragraphs (13B) to (13F), a retention arrangement is one under which—

(a) a person is seconded from an employing authority (“ the sending employing authority ”) to another body which is not an employing authority (“the other body”), and

(b)that person, pursuant to an intention of the sending employing authority, remains an employee of that authority in circumstances where that person’s performance of services pursuant to a qualifying contract for the other body counts as pensionable service only by reason of that retention arrangement.

(13B) A person who on 2nd April 2014, and pursuant to a retention arrangement which was entered into before that date, remains engaged by the other body to perform services pursuant to a qualifying contract, may not, from 1st April 2017 contribute to or accrue pensionable service under this Section of the Scheme in respect of the performance of those services.

This is subject to paragraph (13E).

(13C) A person who, pursuant to the retention arrangement referred to in paragraph [^F203 (13B)^F203] is, on 2nd April 2014 engaged by the other body to perform services pursuant to the qualifying contract referred to in that paragraph, may not, from that date contribute to or accrue pensionable service under this Section of the Scheme in respect of the performance of any services under that contract.

This is subject to paragraph (13E).

(13D) A person who on, or after, 2nd April 2014 and pursuant to a retention arrangement (other than the one referred to in paragraph [^F204 (13B)^F204] ) is engaged by the other body to perform services pursuant to a qualifying contract, may not contribute to or accrue pensionable service under this Section of the scheme in respect of the performance of any services under that contract.

This is subject to paragraph (13E).

(13E) The Secretary of State may exceptionally allow a person referred to in paragraph (13B), (13C) or (13D) to contribute to or accrue pensionable service under this Section of the Scheme if the Secretary of State considers that appropriate having regard to the nature of the person’s employment and the circumstances under which it takes place.

(13F) Nothing in this regulation prevents the other body referred to in paragraph (13B), (13C) or (13D) from applying for approval as an employing authority pursuant to regulation [^F205 2.M.3^F205] .^F202]

(14) In this regulation—

“the TUPE Regulations ” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 ;

“a _dfnTUPE transfer” means a transfer of an undertaking to which _dfnthe TUPE Regulations apply. ^F201]

“2.B.3 Concurrent employments

(1) This regulation applies if for any period a person holds two or more employments in respect of which the person is (or apart from this regulation would be) eligible to be an active member of [^F206this Section of^F206] the Scheme.

(2) The person may only be such a member in respect of so many hours or, as the case may be, sessions in each such employment as, in the opinion of the Secretary of State, do not, taken together, exceed a comparable whole-time employment not held concurrently with any other employment.

(3) If the person is such a member in respect of two or more employments which, in the opinion of the Secretary of State, when taken together exceed a comparable whole-time employment not held concurrently with any other employment, the person is not eligible to be an active member in respect of any employment (or part of an employment) which exceeds a comparable whole-time employment not held concurrently with any other employment.

(4) For the purposes of paragraphs (2) and (3), two or more employments taken together exceed a comparable whole-time employment if the total number of hours or sessions under the employments exceeds the number of hours or sessions that would, in the opinion of the Secretary of State, constitute a comparable whole-time employment under which services of the kinds performed in the two or more employments were performed.

(5) For the purposes of this regulation an employment is “whole-time” if it is employment for such number of hours or sessions as in the opinion of the Secretary of State amounts to whole-time employment in the case of an employment for services of the kind performed in the two or more employments.

(6) A person may participate in [^F206this Section of^F206] the Scheme in respect of employment as an officer even if he also participates in Part 3 in respect of concurrent employment as a practitioner.

Joining and leaving the Scheme

“2.B.4 Joining [^F207this Section of^F207] the Scheme

[^F208 (1) Subject to paragraph (3), a person in NHS employment who is eligible to be an active member of this Section of the Scheme, becomes such a member, unless absent from work for any reason, on either—

(a)the commencement of the person’s employment; or

(b)where the person has previously opted out of this Section of the Scheme under regulation 2.B.5(1) and is a person to whom section 3 or section 5 of the 2008 Act applies—

(i)on that person’s automatic enrolment date, or

(ii)on that person’s automatic re-enrolment date, except where the notice referred to in regulation 2.B.5(1) was given within 12 months immediately preceding that date.^F208]

(2) A person who is eligible to be such a member by virtue of falling within regulation 2.B.1(3)(b) may opt to become such a member by giving notice in writing to the employing authority.

[^F209 (3) A person who has previously exercised an option to opt out of this Section of the Scheme in accordance with regulation 2.B.5(1) in respect of an employment in which that person was an active member, and who remains eligible to be an active member in respect of that employment, may opt to join or re-join this Section of the Scheme by giving notice in writing to the employing authority in such form as the Secretary of State requires.^F209]

(4) A notice under paragraph (3) takes effect—

(a)from the beginning of the first pay period to begin after the notice is received by the employing authority, or

(b)if the notice specifies a date that is the first day of a later pay period, from that date.

(5) A notice under paragraph (3) may not be given by a person who is absent from work for any reason.

^F210(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“2.B.5 Opting out of [^F211this Section of^F211] the Scheme

(1) A person who is an active member of [^F211this Section of^F211] the Scheme in any employment may opt at any [^F212NHS^F212] time to cease to be such a member by giving notice in writing to the person’s employing authority.

(2) A person who so opts ceases to be such a member on the date the notice takes effect.

(3) The notice takes effect—

(a)from the beginning of the first pay period to begin after the notice is received by the employing authority, or

(b)if the notice specifies a later date, from the beginning of the first pay period after that in which the specified date falls.

[^F213 (4) A person to whom paragraph (1)(a) of regulation 2.B.4 applies in respect of an employment who gives notice in writing under paragraph (1) of this regulation within one month of the date of commencing that NHS employment, is treated as not having become an active member by virtue of that regulation.

(5) A notice under paragraph (1) shall cease to have effect on the day immediately preceding, as the case may be, the person’s—

(a)automatic enrolment date, or

(b)automatic re-enrolment date: this does not apply where the notice was given within 12 months immediately preceding that date.

(6) This regulation does not apply to a person to whom sections 3, 5 or 8 of the 2008 Act and regulations 9 or 15 of the 2010 Regulations applies (that is, a person who is subject to automatic enrolment or automatic re-enrolment in this Section of the Scheme as a qualifying scheme who does not wish to participate in it): this paragraph does not affect the rights of such a person who subsequently becomes a member of this Section of the Scheme in circumstances where those provisions of the 2008 Act and 2010 Regulations do not apply.^F213]

“2.B.6 Restriction on further participation in [^F214this Section of^F214] the Scheme

(1) A person who ceases to meet any of conditions A to C in regulation 2.B.1 in an employment or is prevented by regulation 2.B.2 or 2.B.3 from continuing to be an active member in an employment must cease to be an active member of [^F214this Section of^F214] the Scheme in that employment.

(2) Accordingly—

(a)a person within paragraph (1) may not make any further contributions to [^F214this Section of^F214] the Scheme under Chapter 2.C, and

(b)any further service of the person is not pensionable service for the purposes of [^F214this Section of^F214] the Scheme.

CHAPTER 2.C CONTRIBUTIONS

Basic contributions by members

“ [^F2152.C.1 Contributions by members

(1) Each active member must make contributions to this Section of the Scheme (“member contributions”) in respect of—

(a)the member’s pensionable pay in accordance with regulation 2.C.2 where the member is not a non-GP provider;

(b)the member’s pensionable earnings in accordance with regulation 2.C.4 where the member is a non-GP provider.

(2) Member contributions must be made—

(a)until the member completes 45 years’ pensionable service, or

(b)where the notice required by regulation 2.A.2(3) has been properly received, until the member ceases officer service.

(3) In the case of a member who is not a non-GP provider, the member’s employing authority must deduct member contributions from the member’s pensionable pay and pay them to the Secretary of State not later than the 19th day of the month following the month in which the pay was paid to the member.

(4) In the case of a member who is a non-GP provider, the host ^F216... Board must pay to the Secretary of State contributions under this regulation paid to it by the non-GP provider or paid to it by another employing authority not later than the 19th day of the month following the month in which the earnings were paid to the non-GP provider.

[^F217 (5) Paragraph (6) applies where, despite the provisions of this regulation—

(a)a member who—

(i)is not a non-GP provider, has failed to pay member contributions; or

(ii)is a non-GP provider, has failed to pay such contributions; or

(b)an employing authority has failed to deduct such contributions in respect of a member referred to in paragraph (a).

(6) The Secretary of State may recover any sum that remains due in respect of contributions referred to in paragraph (5)—

(a)in any case where an employing authority has ceased to exist and the member is a non-GP provider member referred to in paragraph (5)(a)(ii), by adding those contributions to the amount of contributions that the non-GP provider is due to pay to the host Board;

[^F218 (b)by deduction from any benefit payable to, or in respect of, the member where the Secretary of State has notified the member of an intention to do so.^F218]

(6A) Where paragraph (6)(a) applies, the non-GP provider must record the amount of unpaid contributions in a certificate referred to in regulation 2.J.14.^F217]

(7) Paragraph (6) is without prejudice to any other method of recovery the Secretary of State may have.

(8) A member who is absent from service in circumstances within regulation 2.A.4(1) to [^F219 (3A)^F219] , may make contributions to this Section of the Scheme in respect of the member’s pensionable pay or, as the case may be, pensionable earnings in accordance with that regulation and whichever of regulations 2.C.2 or 2.C.4 applies to that member.

(9) If, apart from this paragraph, the pay or, as the case may be, earnings for a scheme year in respect of a member’s service would not be a whole number of pounds, that pay or, as the case may be, those earnings must be rounded down to the nearest whole pound.^F215]

“ [^F2202.C.2 Contribution rate for members other than non-GP providers

(1) Contributions under regulation 2.C.1(1)(a) must be paid at the member’s contribution rate for the scheme year in question.

[^F221 (2) A member’s contribution rate for each [^F222 scheme year from 2015-16^F222] is the percentage specified in column 2 of the following table in respect of the corresponding pensionable pay band specified in column 1 of that table into which the member’s pensionable pay falls.

^F224(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State shall, with the consent of the Treasury, determine the pensionable pay bands and contribution percentage rates specified in [^F225 the tables set out in this regulation^F225] in respect of each scheme year.

[^F226 (4) Before determining those pensionable pay bands or contribution percentage rates, the Secretary of State must consider the advice of the Scheme actuary.^F226]

^F227(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F220]

“ [^F2292.C.3 [^F228Determination of pensionable pay for the purposes of setting a contribution rate for members other than non-GP providers^F228]

(1) For the purposes of this regulation—

(a) “previous scheme year” means the scheme year immediately preceding the scheme year in respect of which contributions are payable in accordance with this part (“the current scheme year”); and

(b)if a member holds two or more pensionable employments at the same time—

(i)the determinations referred to in paragraphs (4) to (21) shall apply to each such employment separately; and

(ii)each such employment shall be treated separately for the purpose of paying contributions.

(2) For the purposes of determining the relevant annual contribution rate for the current scheme year paragraphs (3) to (15) apply to a member who is in pensionable employment with the same employing authority on both the last day of the previous scheme year and the first day of the current scheme year.

This is subject to paragraphs (16) and (17).

(3) For the purposes of paragraphs (4) to (15)—

(a)a member shall be regarded as being in pensionable employment throughout the previous scheme year regardless of any period in that year during which the member continued to be employed by the same employer but did not make contributions to [^F230 this Section of^F230] the scheme;

(b)for the purposes of calculating the member’s pensionable pay—

(i)contributions for any period referred to in (a) shall be deemed to have been paid;

(ii)any additional pensionable pay that the member is treated as having received during an absence from work in accordance with regulation 2.A.9 shall be included;

(c)the amount of pensionable pay determined in accordance with those paragraphs shall be rounded down to the nearest whole pound.

(4) If a member—

(a)was in pensionable employment with an employing authority on a whole-time basis throughout the previous scheme year;

(b)paid contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and

(c)is employed by that authority on the first day of the current scheme year,

the member shall pay contributions during the current scheme year at the rate specified in column 2 of [^F231 the table in paragraph (2)^F231] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay received during the previous scheme year.

(5) If a member—

(a)was in pensionable employment with an employing authority on a part-time basis throughout the previous scheme year;

(b)paid contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and

(c)is employed by that authority on the first day of the current scheme year,

the member shall pay contributions during the current scheme year at the rate specified in column 2 of [^F231 the table in paragraph (2)^F231] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member’s pensionable pay determined by reference to the amount the Secretary of State determines would have been paid in respect of a single comparable whole-time employment during the previous scheme year.

(6) If a member—

(a)was in pensionable employment with an employing authority on a combination of a whole-time and part-time basis throughout the previous scheme year;

(b)paid contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and

(c)is employed by that authority on the first day of the current scheme year,

the member shall pay contributions during the current scheme year at the rate specified in column 2 of [^F231 the table in paragraph (2)^F231] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the aggregate of—

(i)the member’s pensionable pay received during the previous scheme year in respect of the member’s whole-time employment, and

(ii)the amount the Secretary of State determines would have been paid in respect of a single comparable whole-time employment for that period in respect of the member’s part-time employment.

(7) If a member—

(a)was in pensionable employment with an employing authority on a whole-time basis throughout the previous scheme year;

(b)did not pay contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and

(c)is employed by that authority on the first day of the current scheme year,

the member shall pay contributions during the current scheme year at the rate specified in column 2 of [^F231 the table in paragraph (2)^F231] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay determined by the formula—

(8) If a member—

(a)was in pensionable employment with an employing authority on a part-time basis throughout the previous scheme year;

(b)did not pay contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and

(c)is employed by that authority on the first day of the current scheme year,

the member shall pay contributions during the current scheme year at the rate specified in column 2 of [^F231 the table in paragraph (2)^F231] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay determined by the formula—

(9) If a member—

(a)was in pensionable employment with an employing authority on a combination of a whole-time and part-time basis throughout the previous scheme year;

(b)did not pay contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and

(c)is employed by that authority on the first day of the current scheme year,

the member shall pay contributions during the current scheme year at the rate specified in column 2 of [^F231 the table in paragraph (2)^F231] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay determined by the formula—

(10) If a member—

(a)commenced pensionable employment with an employing authority on a whole-time basis during the previous scheme year;

(b)paid contributions in respect of that employment at the same percentage rate from the date that employment commenced to the last day of the previous scheme year; and

(c)is employed by that authority on the first day of the current scheme year,

the member shall pay contributions during the current scheme year at the rate specified in column 2 of [^F231 the table in paragraph (2)^F231] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member’s pensionable pay determined by the formula—

(11) If a member—

(a)commenced pensionable employment with an employing authority on a part-time basis during the previous scheme year;

(b)paid contributions in respect of that employment at the same percentage rate from the date that employment commenced to the last day of the previous scheme year; and

(c)is employed by that authority on the first day of the current scheme year,

the member shall pay contributions during the current scheme year at the rate specified in column 2 of [^F231 the table in paragraph (2)^F231] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member’s pensionable pay determined by the formula—

(12) If a member—

(a)commenced pensionable employment with an employing authority during the previous scheme year and has since been employed on both a whole-time and part-time basis;

(b)paid contributions in respect of that employment at the same percentage rate from the date that employment commenced to the last day of the previous scheme year; and

(c)is employed by that authority on the first day of the current scheme year,

the member shall pay contributions during the current scheme year at the rate specified in column 2 of [^F231 the table in paragraph (2)^F231] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member’s pensionable pay determined by the formula—

(13) If a member—

(a)commenced pensionable employment with an employing authority on a whole-time basis during the previous scheme year;

(b)did not pay contributions in respect of that employment at the same percentage rate from the date that employment commenced to the last day of the previous scheme year; and

(c)is employed by that authority on the first day of the current scheme year;

the member shall pay contributions during the current scheme year at the rate specified in column 2 of [^F231 the table in paragraph (2)^F231] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member’s pensionable pay determined by the formula—

(14) If a member—

(a)commences pensionable employment with an employing authority on a part-time basis during the previous scheme year;

(b)did not pay contributions in respect of that employment at the same percentage rate from the date that employment commenced to the last day of the previous scheme year; and

(c)is employed by that authority on the first day of the current scheme year,

the member shall pay contributions during the current scheme year at the rate specified in column 2 of [^F231 the table in paragraph (2)^F231] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member’s pensionable pay determined by the formula—

(15) If a member—

(a)commenced pensionable employment with an employing authority during the previous scheme year and has since been employed on both a whole-time and part-time basis with that employing authority;

(b)did not pay contributions in respect of that employment at the same percentage rate from the date that employment commenced to the last day of the previous scheme year; and

(c)is employed by that authority on the first day of the current scheme year,

the member shall pay contributions during the current scheme year at the rate specified in column 2 of [^F231 the table in paragraph (2)^F231] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay determined by the formula—

(16) If, at any time during the current scheme year, a member commences a new employment, the member shall pay contributions in respect of that employment at the rate specified in column 2 of [^F231 the table in [^F232 paragraph (2)^F232,F231]] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay determined in accordance with paragraph (20).

(17) Subject to paragraph (18), if at any time during the current scheme year, a change is made to a member’s annual rate of pensionable pay or pensionable allowances in respect of an existing employment the member shall pay contributions—

(a)from the first day of the next pay period immediately following the pay period in which the change is made at the rate specified in column 2 of [^F231 the table in [^F233 paragraph (2)^F233,F231]] of regulation 2.C.2 in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay determined in accordance with paragraph (20), and

(b)as if the member’s employment had commenced on that date.

(18) Paragraph (17) does not apply to a change made to a member’s annual rate of pensionable allowances in respect of an existing employment that is determined by that member’s employer to have been made in respect of —

(a)unplanned changes to that member’s duties, or

(b)changes to that member’s duties that are unlikely to persist for at least 12 months.