{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-2.A.8",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-2.A.8.json",
  "legislation": "uksi/2008/653",
  "legislation_title": "The National Health Service Pension Scheme Regulations 2008",
  "legislation_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008",
  "path": "regulation/2.A.8",
  "kind": "regulation",
  "number": "2.A.8",
  "heading": "Meaning of “pensionable pay”",
  "text": "(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 this Section of the Scheme.\n(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—\n(a) in the case of a member in one such employment, as pensionable pay of that employment, and\n(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.\n(3) “Pensionable pay” does not include—\n(a) bonuses,\n(aa) pay awards and pay increases that are expressed by the Secretary of State to be non-consolidated,\n(b) payments made to cover expenses, or\n(c) payments for overtime.\n(4) If—\n(a) a person is an active member in respect of two or more part-time employments, and\n(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,\nthe excess pensionable pay is ignored for the purposes of this Part.\n(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—\n(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\n(b) any payment or allowance made pursuant to the New to Partnership Payment Scheme.\n(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—\n(a) a GMS contract;\n(b) a PMS agreement;\n(c) an APMS contract;\n(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 , collaborative services or health-related functions exercised under section 75 of the 2006 Act.\n(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.\n(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.\n(9) The calculations described in paragraph (8) will be made by NHS England or the Local Health Board ... to which the partners are required to give notice of their election in accordance with paragraph (10).\n(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).\n(11) A notice given under this regulation—\n(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;\n(b) will take effect—\n(i) from the date agreed between the partners and NHS England or Local Health Board concerned; or\n(ii) if no agreement is reached, a date decided by the Secretary of State;\n(c) will continue in effect until cancelled or amended by a subsequent notice in writing signed by all the partners in the partnership;\n(d) will be automatically cancelled upon a change in the members of the partnership.\n(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—\n(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\n(b) the member received a relevant payment.\n(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.\n(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).\n(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).\n(16) An election under paragraph (13) must be—\n(a) made—\n(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;\n(ii) in respect of all relevant payments received by the member; and\n(b) received by the member’s employing authority before—\n(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\n(ii) such later date before 1st July 2026 as the member’s employing authority considers reasonable in all the circumstances.\n(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—\n(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\n(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.\n(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).\n(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.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 2.A.8(1) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 1"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 2.A.8(3)(aa) inserted (with effect from 1.4.2014) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2015 (S.I. 2015/96), regs. 1(2)(3), 20"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 2.A.8(5) substituted (with effect from 1.4.2020) by The National Health Service Pension Schemes and Injury Benefits (Amendment) Regulations 2021 (S.I. 2021/631), regs. 1(2)(9), 15 (with reg. 34)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 2.A.8(6) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 27(2)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 2.A.8(9) inserted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 27(3)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 2.A.8(9) omitted (1.4.2013) by virtue of The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 27(3)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in reg. 2.A.8(10) omitted (1.4.2013) by virtue of The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 27(4)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Reg. 2.A.8(12)-(19) inserted (1.4.2025) by The National Health Service Pension Schemes (Amendment) Regulations 2025 (S.I. 2025/316), regs. 1(2), 10"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/653/regulation/2.A.8",
    "retrieved_at": "2026-10-29T03:34:22.381913+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}