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Statutory Instruments

2011 No. 591

National Health Service, England And Wales

The National Health Service Pension Scheme (Amendment) Regulations 2011

Made

28th February 2011

Laid before Parliament

7th March 2011

Coming into force

1st April 2011

The Secretary of State for Health, with the consent of the Treasury, makes the following Regulations in exercise of the powers conferred by sections 10(1) and (2) of, and Schedule 3 to, the Superannuation Act 1972( 1 ).

In accordance with section 10(4) of that Act, the Secretary of State has consulted with representatives of persons likely to be affected by these Regulations, as appeared to the Secretary of State to be appropriate.

Citation and commencement

1. —(1) These Regulations may be cited as the National Health Service Pension Scheme (Amendment) Regulations 2011.

(2) These Regulations come into force on 1st April 2011.

Amendment of the National Health Service Pension Scheme Regulations 1995

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

(2) In regulation Q17 (revaluation of increases bought under options: members’ pensions)—

(a) in paragraph (3), for “paragraph (5)” substitute “whichever of paragraphs (5) or (5A) applies”;

(b) in paragraph (5), for “The calculation” substitute “If the member exercised the option on or before 31 March 2011, the calculation”;

(c) after paragraph (5), add—

“ (5A) If the member exercised the option on or after 1 April 2011, the calculation referred to in paragraph (3) is as follows—

Step 1 – Calculate the basic amount of the increase in accordance with regulations Q14 to Q16, to find the Step 1 amount.
Step 2 – Multiply the Step 1 amount by the prices index for the second month before the month in which the increase in pension will become payable, to find the Step 2 amount.
Step 3 – Divide the Step 2 amount by the prices index for the month in which the option was exercised, to find the Step 3 amount.
Step 4 – Take the greater of the Step 1 amount and Step 3 amount, to find the Step 4 amount.
Step 5 – Add to the Step 4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 ( 3 ) on a pension of the same amount as the Step 4 amount when it first falls into payment, to find the Step 5 amount.
Step 6 – Divide the Step 5 amount by the Step 4 amount, to find the Step 6 factor.
Step 7 – Divide the Step 4 amount by the Step 6 factor to find the final amount referred to in paragraph (1).; ”

(d) in paragraph (6), after “that Act)” insert “and “the prices index” means, as regards any month, the change in the general level of prices for that month used to determine increases to official pensions for the purposes of that Act”.

Amendment of the National Health Service Pension Scheme Regulations 2008

3. —(1)The National Health Service Pension Scheme Regulations 2008( 4 ) are amended as follows.

(2) In regulation 2.C.17 (revaluation of increases bought under options: members’ pensions)—

(a) in paragraph (3), for “paragraph (5)” substitute “whichever of paragraphs (5) or (5A) applies”;

(b) in paragraph (5), for “The calculation” substitute “If the member exercised the option on or before 31 March 2011, the calculation”;

(c) after paragraph (5), add—

“ (5A) If the member exercised the option on or after 1 April 2011, the calculation referred to in paragraph (3) is as follows—

Step 1 – Calculate the basic amount of the increase in accordance with regulations 2.C.14 to 2.C.16, to find the Step 1 amount.
Step 2 – Multiply the Step 1 amount by the prices index for the second month before the month in which the increase in pension will become payable, to find the Step 2 amount.
Step 3 – Divide the Step 2 amount by the prices index for the month in which the option was exercised, to find the Step 3 amount.
Step 4 – Take the greater of the Step 1 amount and Step 3 amount, to find the Step 4 amount.
Step 5 – Add to the Step 4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step 4 amount when it first falls into payment, to find the Step 5 amount.
Step 6 – Divide the Step 5 amount by the Step 4 amount, to find the Step 6 factor.
Step 7 – Divide the Step 4 amount by the Step 6 factor to find the final amount referred to in paragraph (1).; ”

(d) in paragraph (6), after “that Act)” insert “and “the prices index” means, as regards any month, the change in the general level of prices for that month used to determine increases to official pensions for the purposes of that Act”.

(3) In regulation 3.C.15 (revaluation of increases bought under options: members’ pensions)—

(a) in paragraph (3), for “paragraph (5)” substitute “whichever of paragraphs (5) or (5A) applies”;

(b) in paragraph (5), for “The calculation” substitute “If the member exercised the option on or before 31 March 2011, the calculation”;

(c) after paragraph (5), add—

“ (5A) If the member exercised the option on or after 1 April 2011, the calculation referred to in paragraph (3) is as follows—

Step 1 – Calculate the basic amount of the increase in accordance with regulations 3.C.12 to 3.C.14, to find the Step 1 amount.
Step 2 – Multiply the Step 1 amount by the prices index for the second month before the month in which the increase in pension will become payable, to find the Step 2 amount.
Step 3 – Divide the Step 2 amount by the prices index for the month in which the option was exercised, to find the Step 3 amount.
Step 4 – Take the greater of the Step 1 amount and Step 3 amount, to find the Step 4 amount.
Step 5 – Add to the Step 4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step 4 amount when it first falls into payment, to find the Step 5 amount.
Step 6 – Divide the Step 5 amount by the Step 4 amount, to find the Step 6 factor.
Step 7 – Divide the Step 4 amount by the Step 6 factor to find the final amount referred to in paragraph (1).; ”

(d) in paragraph (6), after “that Act)” insert “and “the prices index” means, as regards any month, the change in the general level of prices for that month used to determine increases to official pensions for the purposes of that Act”.

Signed by authority of the Secretary of State for Health.

Paul Burstow

Minister of State,

Department of Health

22nd February 2011

We consent

Michael Fabricant

Brooks Newmark

Two of the Lords Commissioners of Her Majesty’s Treasury

28th February 2011

( 1 )

1972 c.11 . Section 10(1) was amended by sections 57 and 58 of, and Schedule 5 to, the National Health Service Reorganisation Act 1973 (c.32) and section 4(2) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7) . As to Treasury consent, see section 10(1) of the Superannuation Act 1972 and article 2 of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 ( S.I. 1981/1670 ).

( 3 )

1971 c.56 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The National Health Service Pension Scheme (Amendment) Regulations 2011 (2011/591)

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