Explanatory note

These Regulations further amend the National Health Service Pension Scheme Regulations 1995 (S.I.1995/300) (“the Pension Scheme Regulations”) and amend the National Health Service (Compensation for Premature Retirement) Regulations 2002 (S.I. 2002/1311) (“the Compensation Regulations”).

Regulation 2 amends the Pension Scheme Regulations by—

• inserting a reference to new regulation E3A in regulation D2 (contributions by employing authorities)

• substituting regulation E3 (early retirement pension) with regulations E3, E3A, E3B, E3C and E3D which deal with members who are made redundant before 1st October 2011 (E3); members whose pensionable employment is terminated by their employing authority (whether before or after that date) (E3A); a member’s notification as to whether he wishes E3 or E3A to apply to him (E3B); special provisions for special classes (E3C) and the right of a member who is entitled to a pension under E3A to claim a pension under E1 or E5 (E3D)

• inserting references to new regulation E3A in regulations M5 (early leavers without a pension or preserved pension); R2 (nurses, physiotherapists, midwives and health visitors); R3 (mental health officers), R4 (members doing more than one job) and R5 (part-time employment).

Regulation 3 amends the Compensation Regulations by—

• substituting a new regulation 3 (persons to whom the Regulations apply) so that it refers to both regulation E3 and E3B of the Pension Scheme Regulations

• amending regulation 5 (crediting of additional period of service) in respect of the calculation of additional periods of service for those who are made redundant on, or after, 1st December 2006 but before 1st July 2007 (new paragraphs (1A) to (1C) and (1I)) and those who are made redundant on, or after, 1st July 2007 but before 1st October 2011 (new paragraphs (1D) to (1H)).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.