OpenLegislation

The National Health Service Pension Scheme Regulations 1995

S.I. 1995/300 · Made 8 February 1995 · Extends to England, Wales and Scotland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 28 March 2026.

See the changes not yet applied
ProvisionChangeMade by
reg. A2words substitutedDentists Act 1984 (Amendment) 2005 Sch. 6 para. 9(a)
reg. A2words substitutedDentists Act 1984 (Amendment) 2005 Sch. 6 para. 9(b)

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

Made 8th February 1995

Laid before Parliament 10th February 1995

Coming into force 6th March 1995

The Secretary of State for Health, in exercise of her powers under sections 10(1), (2) and (3) and 12(1) and (2) of, and Schedule 3 to, the Superannuation Act 1972M1 and of all other powers enabling her in that behalf, after consulting such representatives of persons likely to be affected by these Regulations as appear to her to be appropriateM2, and with the consent of the TreasuryM3, hereby makes the following Regulations—C1C2C3C4

Annotations to the whole text

Marginal citations

M1

1972 c.11. Section 10(1)(a) was amended by Schedule 5 to the National Health Service Reorganisation Act 1973 (c.32)

M2

Seesection 10(4) of the Superannuation Act 1972.

M3

Seesection 10(1) of the Superannuation Act 1972 and article 2 of the Transfer of Functions (Minister for Civil Service and Treasury) Order 1981 (S.I. 1981/1670).

Modifications

C1

Regulations applied (with modifications) (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 25(7)(b)

C2

Regulations applied (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 14(1)

C3

Regulations applied (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 25(8)(b)

C4

Regulations modified (temp.) (25.3.2022 immediately after the expiry of 2020 c. 7, s. 45) by The National Health Service Pension Schemes (Member Contributions etc.) (Amendment) Regulations 2022 (S.I. 2022/273), regs. 1(2), 10 (with reg. 9) (as amended (31.10.2022) by The National Health Service Pension Schemes (Member Contributions etc.) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/1028), regs. 1(2), 2)

Contents

  1. Part A: Preliminary
  2. A1Citation and commencement
  3. A2Interpretation
  4. A3Approved Out of Hours providers
  5. A4Civil partnerships and marriage of same sex couples
  6. Part B: Membership
  7. B1Membership of this Section of the scheme
  8. B2Restrictions on membership
  9. B3Restriction on further participation in this Section of the scheme
  10. B4Opting–out of this Section of the scheme
  11. B5Opting into this Section of the scheme: mis-sold pensions
  12. Part C: Pensionable pay, pensionable service and qualifying service
  13. C1Meaning of “pensionable pay" and “final year’s pensionable pay"
  14. C2Meaning of “pensionable service"
  15. C3Meaning of “qualifying service"
  16. Part D: Contributions
  17. D1Contributions by members
  18. D1AMembers’ contributions: redundancy
  19. D2Contributions by employing authorities
  20. D3Further contributions by employing authorities in respect of excessive pay increases
  21. D4Scheme Administration Charge
  22. Part E: Benefits for members
  23. E1Normal retirement pension
  24. E2Early retirement pension (ill–health)
  25. E2AIll health pension on early retirement
  26. E2BRe-assessment of ill health condition determined under regulation E2A
  27. E2CFurther employment after a benefit is paid under regulation E2A
  28. E3Early retirement pension (redundancy etc. additional provisions)
  29. E3AEarly retirement pension (termination of employment by employing authority)
  30. E3ABEarly retirement pension: additional contribution option
  31. E3BEarly retirement pension (redundancy etc. notifications)
  32. E3CEarly retirement pension (special classes)
  33. E3DContinuing entitlement to an E1 or E5 pension
  34. E4Early retirement pension (employer’s consent) Repealed
  35. E5Early retirement pension (with actuarial reduction)
  36. E5APartial retirement pension
  37. E5BIncrease in pensionable pay following exercise of option under regulation E5A
  38. E5CApplication of regulations E5A and E5B with modifications where concurrent part-time employments held
  39. E6Lump sum on retirement
  40. E7General option to exchange part of pension for lump sum
  41. Part F: Lump sum on death
  42. F1Member dies in pensionable employment
  43. F2Member dies after pension becomes payable (other than a pension under regulation E5A)
  44. F2AMember dies after a pension under regulation E5A becomes payable
  45. F3Member dies with preserved pension
  46. F4Member dies within 12 months after leaving pensionable employment without pension or preserved pension
  47. F5Payment of lump sum
  48. Part G: SURVIVING PARTNER PENSIONS
  49. G1Widow’s pension
  50. G2Member dies in pensionable employment
  51. G3Member dies after pension becomes payable
  52. G4Member dies with preserved pension
  53. G5Member dies within 12 months after leaving pensionable employment without pension or preserved pension
  54. G6Member marries after leaving pensionable employment
  55. G7Widower’s pension
  56. G8Dependent widower’s pension
  57. G9Increased widower’s pension
  58. G10Surviving civil partner’s pension
  59. G11Dependent surviving civil partner’s pension Repealed
  60. G12Purchase of surviving civil partner’s pension in respect of service prior to 6th April 1988 Repealed
  61. G13Increased surviving civil partner’s pension Repealed
  62. G14Surviving scheme partner’s pension
  63. G15Dependent surviving scheme partner’s pension
  64. G16Purchase of surviving partner’s pension in respect of service before 6th April 1988
  65. G17Increased surviving partner’s pension
  66. Part H: Child Allowance
  67. H1Dependent child
  68. H2Payment of allowance
  69. H3Member dies in pensionable employment
  70. H4Member dies after pension becomes payable
  71. H5Member dies with preserved pension
  72. H6Member dies within 12 months after leaving pensionable employment without pension or preserved pension.
  73. H7Dependent child not being maintained by surviving parent or spouse or civil partner or scheme partner of a parent
  74. Part J: Allocation to a spouse , civil partner or dependant
  75. J1Allocation of pension
  76. J2Limits on allocation of pension
  77. J3Date on which allocation has effect
  78. Part K: Contracting–out
  79. K1Contracting-out conditions to be overriding
  80. K2Guaranteed minimum pensions
  81. K3Late retirement
  82. K4Early leavers
  83. K5Guaranteed minimum pensions transferred to this Section of the scheme
  84. K6Protected rights transferred to this Section of the scheme
  85. K7State scheme premiums
  86. Part L: Early leavers
  87. L1Preserved pension
  88. L2Refund of contributions
  89. L3Payment of interest with refund of contributions
  90. L4Early leavers returning to pensionable employment
  91. Part M: TRANSFERS AND BUY-OUTS
  92. M1Member’s right to transfer or buy-out
  93. M2Exercising a right to a transfer or a buy out
  94. M3Amount of member’s cash equivalent
  95. M4Applications for transfer value payments: General
  96. M5Applications for transfer value payments: time limits
  97. M6Special terms for transfer out (bulk transfers etc)
  98. M7Member’s right to transfer a preserved pension to the 2008 Section
  99. M8Member’s right to transfer a preserved pension to the 2015 Scheme
  100. Part N: Transfers from other pension arrangements
  101. N1Member’s right to transfer accrued rights to benefits to this Section of the scheme
  102. N2Transfers made under the Public Sector transfer Arrangements
  103. N3Transfers that are not made under the Public Sector Transfer Arrangements
  104. N3ATransfers in respect of members to whom regulation B5 applies who elect to join or rejoin this Section of the scheme
  105. N4Special terms for transfers in (bulk transfers etc.)
  106. N5Waiver of transfer payments Repealed
  107. Part P: Members absent from work
  108. P1Absence because of illness or injury or certain types of leave
  109. P2Other leave of absence
  110. Part Q: Right to buy additional service and unreduced retirement lump sum
  111. Q1Right to buy additional service
  112. Q2Right to buy an unreduced retirement lump sum
  113. Q3Electing to buy additional service or unreduced retirement lump sum
  114. Q4Paying for additional service by single payment
  115. Q5Paying for unreduced retirement lump sum by single payment
  116. Q6Paying for additional service or unreduced retirement lump sum by regular additional contributions
  117. Q7Part payment for additional service or unreduced retirement sum
  118. Q8Option to pay additional periodical contributions to purchase additional pension
  119. Q9Effect of member being absent or leaving and rejoining this Section of the Scheme during the contribution option period
  120. Q10Members option to pay lump sum contributions to purchase additional pension
  121. Q11Payment of additional lump sum contributions by employing authority
  122. Q12Exercise of options under regulations Q8, Q10 and Q11
  123. Q13Cancellation and cessation of options under regulation Q8
  124. Q14Effect of payment of additional contributions under this Part
  125. Q15Effect of death or early payment of pension after option exercised under regulation Q8, Q10 or Q11
  126. Q16Effect of part payment of periodical contributions
  127. Q17Revaluation of increases bought under options: members’ pensions
  128. Part R: Special provisions for certain members
  129. R1Practitioners and specialist trainees in general practice
  130. R2Nurses, physiotherapists, midwives and health visitors
  131. R3Mental health officers
  132. R4Members doing more than one job
  133. R5Part–time employment
  134. R6Members entitled to fees for domiciliary consultations
  135. R7Members who work temporary additional sessions
  136. R8Former members of health service schemes
  137. R8AFormer members of the NBSBPS
  138. R9Members whose earnings are reduced
  139. R10Polygamous marriages
  140. R11Participators in pilot schemes Repealed
  141. R12Pension sharing on divorce or nullity of marriage or, dissolution or nullity of civil partnership
  142. Part S: Members who return to NHS employment after pension becomes payable
  143. S1Suspension of pension on return to NHS employment Repealed
  144. S2Reduction of pension on return to NHS employment
  145. S3Benefits in respect of pensionable employment after pension becomes payable
  146. S3ABenefits in respect of pensionable employment after pension becomes payable under regulation E2A
  147. S4Benefits on death in pensionable employment after pension under regulation E2 becomes payable
  148. S4ABenefits on death in pensionable employment after pension under regulation E2A becomes payable
  149. Part T: General rules about benefits
  150. T1Claims for benefits
  151. T1AProvision of information: continuing entitlement to benefit
  152. T2Deduction of tax
  153. T2ADeduction of tax: further provisions
  154. T3Benefits not assignable
  155. T4Beneficiary who is incapable
  156. T5Offset for crime negligence or fraud
  157. T6Loss of rights to benefits
  158. T7Commutation of trivial pensions
  159. T8Interest on late payment of benefits
  160. T9Interest and Administration Charges: late paid contributions
  161. Part U: Administrative matters
  162. U1Extension of time limits
  163. U1ADeterminations by medical practitioners
  164. U2Determination of questions
  165. U3Accounts and actuarial reports
  166. U4Cost sharing Repealed
  167. U5Benefit information statements
  168. Part V: Miscellaneous and supplementary
  169. V1Option to members detrimentally affected by these Regulations
  170. V2Revocations and savings
  171. Signature
  172. Schedule 1: PURCHASE OF ADDITIONAL SERVICE AND UNREDUCED RETIREMENT LUMP SUM
  173. Part Table 1: Paying for additional service by a single payment
  174. Paragraph
  175. Part Table 2: Paying for unreduced retirement lump sum by a single payment
  176. Paragraph
  177. Part Table 3: Paying for additional service by regular additional contributions
  178. Paragraph
  179. Part Table 4: Paying for unreduced retirement lump sum by regular additional contributions
  180. Paragraph
  181. Schedule 2: MEDICAL AND DENTAL PRACTITIONERS
  182. 1Additional definitions used in this Schedule
  183. 2Application of Regulations with modifications
  184. 2AMembership: locum practitioners
  185. 3Meaning of “pensionable earnings"
  186. 4Calculating pensionable earnings of medical practitioners in partnership
  187. 5Elections relating to calculation of “pensionable earnings" in medical partnerships
  188. 5ADistribution of pensionable earnings between type 1 dental practitioners employed or engaged by the same GDS or PDS contractor Repealed
  189. 6Meaning of “pensionable earnings" in relation to other practitioners
  190. 7Exclusions and deductions from pensionable earnings — all practitioners
  191. 8Limit on pensionable earnings — dental practitioners
  192. 9Officer service treated as practitioner service
  193. 9ALocum practitioners: breaks between contracts
  194. 10Contributions to this Section of the scheme
  195. 11Normal retirement pension
  196. 11APractitioners with benefits from both practitioner and officer service
  197. 12Early Retirement Pension (ill–health)
  198. 12APartial retirement pension
  199. 13Early retirement pension (employer’s consent) Repealed
  200. 14Lump sum on member’s death in pensionable employment or after pension becomes payable
  201. 15Widows, widowers or surviving civil partners pension on member’s death in pensionable employment
  202. 16Increased widower’s pension
  203. 16AIncreased surviving civil partner’s pension Repealed
  204. 16BIncreased dependent surviving scheme partner’s pension
  205. 16CIncreased surviving partner pension
  206. 17Child allowance—member dies in pensionable employment
  207. 17APreserved pension
  208. 18Transfers from other pension arrangements
  209. 19Members absent from work
  210. 20Right to buy additional service and unreduced retirement lump sum
  211. 21Members doing more than one job
  212. 22Reduction of pension on return to NHS employment
  213. 22ABenefits on death in pensionable employment after pension becomes payable
  214. 23Accounts and actuarial reports
  215. Schedule 2A: PENSION SHARING ON DIVORCE OR NULLITY OF MARRIAGE OR, ON THE DISSOLUTION OR NULLITY OF A CIVIL PARTNERSHIP
  216. 1Discharge of liability in respect of a pension credit following the death of the person entitled to the pension credit
  217. 2Safeguarded rights Repealed
  218. 3Pension credit benefit on attaining normal benefit age
  219. 3APension credit benefit before attaining normal benefit age (with actuarial reduction)
  220. 3BPension credit benefit before attaining normal benefit age (on grounds of ill health)
  221. 4Commutation of the whole of pension credit benefit before normal benefit age
  222. 5Commutation of the whole of pension credit benefit at normal benefit age
  223. 6Pension credit member dies before pension credit benefit becomes payable
  224. 7Pension credit member dies after pension credit benefit becomes payable
  225. 8Excluded membership
  226. 9Payment of lump sum on death
  227. 10Transfers
  228. 11General rules about benefits
  229. 12Offset for crime, negligence or fraud
  230. 13Loss of rights to benefits
  231. 14Interest on late payment of benefits
  232. 15Administrative matters
  233. 16Medical determinations
  234. Schedule 2B: Independent Providers
  235. 1Paragraph 1
  236. 2Paragraph 2
  237. 3Paragraph 3
  238. 4IP Guarantees
  239. 5IP Guarantees
  240. 6IP Guarantees
  241. 7IP Guarantees
  242. 8IP Guarantees
  243. 9IP Guarantees
  244. 10IP Guarantees
  245. 11IP Guarantees
  246. 12IP Guarantees
  247. 13Approval and Approval Applications
  248. 14Approval and Approval Applications
  249. 15Approval and Approval Applications
  250. 16Approval and Approval Applications
  251. 17Approval and Approval Applications
  252. 17AApproval and Approval Applications
  253. 18Approval and Approval Applications
  254. 19Approval and Approval Applications
  255. 20Approval and Approval Applications
  256. 21Approval and Approval Applications
  257. 22Approval and Approval Applications
  258. 23Approval and Approval Applications
  259. 24Change from open approval to closed approval basis
  260. 25Change from open approval to closed approval basis
  261. 26Change from open approval to closed approval basis
  262. 27Change from open approval to closed approval basis
  263. 28Change from open approval to closed approval basis
  264. 29Change from open approval to closed approval basis
  265. 30Change from open approval to closed approval basis
  266. 31Change from closed approval to open approval basis
  267. 32Change from closed approval to open approval basis
  268. 33Change from closed approval to open approval basis
  269. 34Change from closed approval to open approval basis
  270. 35The 75% Pensionable Pay Threshold and Contribution Surcharge
  271. 36Paragraph 36
  272. 37Paragraph 37
  273. 38Paragraph 38
  274. 39Paragraph 39
  275. 40Paragraph 40
  276. 41Paragraph 41
  277. 42Paragraph 42
  278. 43Paragraph 43
  279. 44Paragraph 44
  280. 45Default Notices
  281. 46Default Notices
  282. 47Default Notices
  283. 48Default Notices
  284. 49Default Notices
  285. 50Pension Returns
  286. 51Pension Returns
  287. 52Pension Returns
  288. 53Pension Returns
  289. 54Provision of information
  290. 55Provision of information
  291. 56Provision of information
  292. 57Termination of employing authority status by Secretary of State
  293. 58Termination of employing authority status by Secretary of State
  294. 59Termination of employing authority status by Secretary of State
  295. 60Termination of employing authority status by Secretary of State
  296. 61Withdrawal of participation in this Section of the scheme
  297. 62Withdrawal of participation in this Section of the scheme
  298. 63Withdrawal of participation in this Section of the scheme
  299. 64Withdrawal of participation in this Section of the scheme
  300. 65Withdrawal of participation in this Section of the scheme
  301. 66Withdrawal of participation in this Section of the scheme
  302. 67Withdrawal of participation in this Section of the scheme
  303. 68Withdrawal of participation in this Section of the scheme
  304. 69Withdrawal of participation in this Section of the scheme
  305. 70Withdrawal of participation in this Section of the scheme
  306. 71Withdrawal of participation in this Section of the scheme
  307. 72Withdrawal of participation in this Section of the scheme
  308. Schedule 3REVOCATIONS
  309. Explanatory note