{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.A.13",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.A.13.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/3.A.13",
  "kind": "regulation",
  "number": "3.A.13",
  "heading": "Meaning of pensionable earnings in relation to other practitioners",
  "text": "(1) In the case of a type 2 medical practitioner, pensionable earnings means—\n(a) all salary, wages, fees and other regular payments paid to the practitioner by an employing authority in respect of the performance of essential services, additional services, enhanced services, dispensing services, OOH services, commissioned services, certification services, collaborative services, general dental services , NHS 111 services or pharmaceutical services;\n(b) allowances and other sums (but excluding payments made to cover expenses) paid by an employing authority in respect of Board and advisory work;\n(c) earnings from practice-based work carried out in educating or training, or organising the education or training of, GP Registrars or practitioners,\n(d) any sums paid by an employing authority or a local authority in respect of health-related functions exercised under section 75 of the 2006 Act,\n(e) practice based income paid by an employing authority in respect of the provision of services under an NHS standard contract or NHS standard sub-contract where the party to the NHS standard contract in question is an employing authority;\n(f) income paid in respect of a contract entered into by a local authority pursuant to its functions under the 2006 Act relating to the improvement and protection of public health and which the Secretary of State agrees to treat as a qualifying contract for these purposes.\nbut does not include bonuses or payments made to cover expenses ....\n(2) In the case of a type 2 dental practitioner, pensionable earnings means all salary, wages, fees and other regular payments paid to the practitioner—\n(a) in the case of a foundation trainee, under his contract of employment with a GDS or PDS contractor; or\n(b) in all other cases, by an employing authority in respect of the performance of primary dental services,\nbut does not include bonuses or payments made to cover expenses ....\n(3) In the case of a locum practitioner, pensionable earnings means all fees and other payments made to the locum practitioner in respect of the provision of locum services (but excluding payments made to cover expenses or for overtime), less such expenses as are deductible in accordance with guidance laid down by the Secretary of State.\n(4) In this regulation, references to the provision of locum services, in relation to a practitioner, are to primary medical services, commissioned services, collaborative services , health-related functions exercised under section 75 of the 2006 Act pursuant to a contract with an employing authority or a local authority, pharmaceutical services , services provided by a practitioner pursuant to an NHS standard contract or an NHS standard sub-contract where the party to the NHS Standard contract in question is an employing authority or NHS 111 services performed by a practitioner engaged by an employing authority under a contract for services to deputise for a registered medical practitioner or to temporarily assist in the provision of such services.\n(5) The pensionable earnings of a type 2 practitioner or a locum practitioner include the amount of any pensionable earnings the practitioner is entitled to count under Chapter 3.K.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "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": "F2",
      "text": "Words in reg. 3.A.13(1)(a) 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), 57(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 3.A.13(1)(d) 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), 57(3)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 3.A.13(1)(d) inserted (1.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2), 62(2) (with reg. 108)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 3.A.13(1)(e)(f) added (1.4.2014) by The National Health Service Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/570), regs. 1(2), 39 (with reg. 49)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 3.A.13(1)(e) inserted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 43(2) (with reg. 105)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 3.A.13(1) omitted (1.4.2017) by virtue of The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 1(2)(c), 23"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in reg. 3.A.13(2)(a) 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), 57(4)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in reg. 3.A.13(2) omitted (1.4.2017) by virtue of The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 1(2)(c), 23"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in reg. 3.A.13(4) 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), 57(5)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in reg. 3.A.13(4) inserted (1.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2), 62(3) (with reg. 108)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in reg. 3.A.13(4) inserted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 43(3) (with reg. 105)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Reg. 3.A.13(5) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 58"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/653/regulation/3.A.13",
    "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."
}