# The National Health Service Pension Scheme Regulations 1995, Paragraph 4: Calculating pensionable earnings of medical practitioners in partnership


(1) In the case of type 1 medical practitioners practising in partnership (with or without a non-GP provider who is a partner in a partnership), the pensionable earnings of each type 1 medical practitioner and non-GP provider who is a partner in a partnership shall be calculated by aggregating the pensionable earnings of each (including for this purpose, any amount that would constitute pensionable earnings in the case of any of them who are not included in this Section of the scheme) and, subject to sub-paragraph (2), dividing the total equally by reference to the number of such partners.
(2) Where the type 1 medical practitioners and any non-GP providers 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.
(3) Where a type 1 medical practitioner practising in partnership also has earnings in respect of NHS employment otherwise than as a practitioner, the partners may elect that the pensionable earnings of that practitioner, as determined in accordance with sub-paragraph (1) or (2) , shall be reduced by the amount of those earnings and the pensionable earnings of each of them (including that practitioner) be then increased in proportion to their respective shares of the partnership profits.
(4) The calculations described in sub-paragraphs (2) and (3) will be made by NHS England or Local Health Board to which the partners are required to give notice of their election in accordance with paragraph 5.

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Source: https://www.legislation.gov.uk/uksi/1995/300/schedule/2/paragraph/4 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-1995/schedule-2/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.