The National Health Service Pension Scheme Regulations 2015
S.I. 2015/94 · Made 5 February 2015 · Extends to England and Wales
Public Service Pensions, England And Wales
National Health Service, England And Wales
Made 5th February 2015
Laid before Parliament 12th February 2015
Coming into force 1st April 2015
The Secretary of State for Health makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(e), 2 to 4, 5(1), (2) and (4), 7(1) and (4), 8(1)(a) and (2)(a), 11(1), 12(6) and (7) M1, 14, 18(5) to (7), 25, and paragraph (c) of the definition of “employer” in section 37 of, and paragraph 5(a) of Schedule 2 and Schedule 3 to, the Public Service Pensions Act 2013 M2.
In accordance with section 21 of that Act, the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State likely to be affected by these Regulations.
In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.C1
Annotations to the whole text
Marginal citations
- M1
See also section 12(1), coming into force on 1st April 2015.
- M2
Modifications
- C1
Regulations modified (temp. until 31.3.2023) (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), 12 (with reg. 9) (as amended (31.10.2022) by S.I. 2022/1028, regs. 1(2), 2)
Contents
- Part 1: Preliminary
- 1Citation, extent and commencement
- 2Establishment of the NHS Pension Scheme 2015
- Part 2: Governance
- Chapter 1: Management
- 3Scheme manager
- 4Pension Board
- 5Scheme Advisory Board
- Chapter 2: Actuary and valuation
- 6Appointment of scheme actuary
- 7Actuarial valuations
- 8Employer cost cap
- 9Cost of scheme exceeds margins
- 10Procedure for agreeing steps to achieve target cost
- 11No agreement reached
- 12Approval mechanism
- 13Target cost
- Chapter 3: General
- 14Administrative matters
- Part 3: Scheme membership
- Chapter 1: Joining and leaving
- 15Joining and leaving the scheme
- 16Re-joining the scheme
- 17Automatic enrolment legislation
- Chapter 2: Membership
- 18Membership
- 19Restrictions on membership
- Chapter 3: Pensionable service
- 20Pensionable service
- 21Absence from work
- 22Qualifying service
- 23Effect of break in pensionable service
- Chapter 4: Pension accounts
- 24Establishment of pension accounts
- 25Closure of pension accounts on transfer out or repayment of balance of contributions
- 26Calculation of amount of accrued pension
- Part 4: Contributions
- Chapter 1: Determination and payment
- 27Pensionable earnings
- 27ARegulation 27A Pensionable earnings: scheme years 2015/16 to 2023/24
- 28Pensionable earnings: break in service
- 29Pensionable earnings: more than one employment
- 30Members' contributions: employees
- 31Members' contributions: practitioners and non-GP providers
- 32Members' contributions: redundancy
- 33Contributions by employing authorities
- 34Employing authority contributions: interests of efficiency
- 35Employing authority contributions: redundancy
- 36Interest and administration charges: late paid contributions
- 36AScheme Administration Charge
- 37Members' contributions: records and estimates
- 38Members' contributions: supplementary: medical practitioners and non-GP providers
- 39Members' contributions: supplementary: dental practitioners
- Chapter 2: Refund: short service
- 40Eligibility for refund
- 41Amount of refund
- 42Effect of refund
- Chapter 3: Buy-out: actuarial reduction
- 43Eligibility to make buy-out election
- 44Making and varying a buy-out election
- 45Accepting a buy-out election
- 46Overall limit on extra pension
- 47Determination of contributions payable
- 48Payment of buy-out contributions
- 49Suspension of buy-out: hardship
- 50Revoking a buy-out election
- Chapter 4: Allocation
- 51Election to allocate pension
- 52Amount of allocation
- 53Procedure for election under regulation 51
- 54Effect of allocation
- Chapter 5: Additional pension
- 55Election to pay contributions for additional pension
- 56Annual rate of additional (self only) pension
- 57Lump sum or periodic payments
- 58Making an additional pension election
- 59Accepting an additional pension election
- 60Determination of contribution payable
- 61Overall limit on extra pension
- 62Lump sum contributions: payment of contributions and credit of additional pension
- 63Repayment of lump sum contribution
- 64Periodic contributions
- 65Retirement pension (other than ill-health pension) becomes payable before the end of the contributions payment period
- 66Revoking an additional pension election (periodic payments)
- 67Revocation of election by scheme manager (lump sum)
- 68Effect of being absent or leaving and rejoining scheme during contributions payment period
- 69Death in service before end of contributions payment period
- 70Ill-health pension becomes payable before end of contributions payment period
- 71Effect of part payment of contributions
- Part 5: Members' benefits
- Chapter 1: Qualification
- 72Qualifying for retirement benefits
- Chapter 2: Age retirement
- 73Entitlement to age retirement pension
- 74Annual rate of age retirement pension
- 75Late payment of pension with actuarial increase
- 76Pension credit member
- 77Conversion of part of pension into lump sum
- 78Entitlement day
- Chapter 3: Early and premature retirement
- 79Early retirement
- 80Entitlement day
- 81Premature retirement in the interests of efficiency
- 82Premature retirement on grounds of redundancy
- 83Premature retirement entitlement day
- Chapter 4: Partial retirement
- 84Election for partial retirement (members over normal minimum pension age)
- 85Effect of election
- 86Terms of employment improve after election
- 87Member becomes subject to reduction following abatement
- 88Payment of pension after abatement
- 89Application of regulations 84 to 88: concurrent employments
- Chapter 5: Ill-health pension
- 90Entitlement to ill-health pension
- 91Member's incapacity
- 92Annual rate of ill-health pension
- 93Re-assessment of entitlement
- 94Early retirement on ill-health (deferred members)
- 95Effect of re-employment on Tier 2 IHP
- 96Renewed entitlement to Tier 2 IHP
- 97Re-employed Tier 1 IHP members
- Chapter 6: Dual capacity and multiple employment
- 98Dual capacity membership: pension benefits
- 99Deferred pension becomes payable during NHS re-employment following transfer of undertaking
- 100Retirement benefits for members with more than one employment
- Chapter 7: Abatement on re-employment
- 101Application of Chapter
- 102Information
- 103Reduction of pension
- 104Relevant income and enhancement amount
- 105Previous earnings: general
- 106Previous earnings: continuing and concurrent employments
- 107Multiple pensions
- 108Adjustment of reductions
- Chapter 8: Serious ill health option
- 109Option for members in serious ill health to exchange pension for lump sum
- Chapter 9: Contracting out obligations
- 110Guaranteed minimum pension etc.
- Chapter 10: Pension debit members
- 111Reduction in pension debit member's benefits
- Part 6: Survivor benefits
- Chapter 1: Adult survivor
- 112Lump sum on death
- 113Surviving adult dependant pension
- 114Surviving scheme partner
- 115Amount of pension: survivor of active member
- 116Amount of pension: survivor of pensioner member
- 117Amount of pension: deferred members
- 118Recent leavers
- 119Re-employed pensioners: adult survivor pensions in initial period
- 120Polygamous marriage
- Chapter 2: Child survivor
- 121Surviving child's pension
- 122Eligible child
- 123Amount of child pension: deceased active member
- 124Amount of child pension: deceased pensioner member
- 125Amount of child pension: deceased deferred member
- 126Amount of child pension: recent leavers
- 127Power to increase pension for children not maintained by surviving parent etc.
- 128Amount of child pension: re-employed pensioners
- 129Provisional awards of eligible child's pensions: later adjustments
- Chapter 3: General
- 130Suspension and recovery of pensions paid under this Part
- Part 7: Transfers
- Chapter 1: Preliminary
- 131Application of Part
- 132Interpretation of Part
- Chapter 2: Transfers values
- Application of Chapter
- 133Application of Chapter
- Transfers out
- 134Right to transfer value payment
- 135Application for statement of entitlement
- 136Application for transfer value payment
- 137Transfer value payments: time limits
- 138How transfer value payments may be applied
- 139Calculating amounts of transfer value or club transfer value
- 140Effect of transfer-out
- Transfers in
- 141Right to apply for acceptance of transfer value payment
- 142Application procedure
- 143Acceptance of transfer value payment
- 144Calculation of increase to pensionable earnings
- 145Transfer from 1995 or 2008 Section
- 146Transfers from corresponding 1995 and 2008 schemes
- Bulk transfers
- 147Bulk transfers out
- 148Bulk transfers in
- Chapter 3: Miscellaneous transfers
- 149EU and overseas transfers
- Part 8: Independent providers
- 150Interpretation
- 151Application for employing authority status
- 152Grant of employing authority status
- 153Extension of employing authority status
- 154IP guarantees
- 15575% threshold and contribution surcharge
- 156Default notice
- 157Pension returns
- 158Provision of information
- 159Termination of employing authority status
- 160Withdrawal from employing authority status in this scheme
- 161Change from open approval to closed approval basis
- 162Change from closed approval basis to open approval basis
- Part 9: General
- 163Definitions
- 164OOH provider
- 165Guarantees, bonds and indemnities
- 166Medical practitioner
- Signature
- Schedule 1: Pension Board
- 1Composition of the pension board
- 2Terms of office of members
- 3Disqualification from appointment as a member
- 4Appointment, term of office and cessation of office of the chair
- 5Voting and quorum
- 6Conflicts of interest
- 7Information
- Schedule 2: Scheme Advisory Board
- 1Composition of the Scheme Advisory Board
- 2Disqualification from appointment as a member
- 3Appointment, term of office and cessation of office of the chair
- 4Quorum of the Board
- 5Conflicts of interest
- Schedule 3: Administrative matters
- Part 1: Accounts and information
- 1Scheme accounts and actuarial valuations
- 2Scheme information
- 3Benefit information statements
- Part 2: Claims and payments
- 4Claims for benefits
- 5Provision of information: continuing entitlement to benefits
- 6Trivial commutation lump sum
- 7Beneficiaries who are incapable of looking after their affairs
- 8Power to extend time limits
- Part 3: Interest
- 9Interest on late payment of benefits and refunds of member contributions
- Part 4: Assignment, offset and forfeiture, etc.
- 10Prohibition on assignment or charging of benefits
- 11Offset of benefits
- 12Forfeiture of rights to benefits
- Part 5: Insolvency
- 13Bankruptcy of person entitled to benefits
- Part 6: Determinations
- 14Determination of questions
- 15Determinations by medical practitioners
- Part 7: Taxation
- 16Deduction of tax
- 17Prohibition on unauthorised payments
- 18Scheme administrator
- Schedule 4: Opting out and re-joining
- 1Opting out of the scheme
- 2Re-joining the scheme
- Schedule 5: Membership gateways
- Part 1: NHS organisations
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Medical contractors, dental contractors and independent providers
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part 3: Medical practitioners and dental practitioners
- 6Paragraph 6
- 7Paragraph 7
- Part 4: Determination employers
- 8Paragraph 8
- Schedule 6: Persons to whom the scheme may be extended
- 1Paragraph 1
- Schedule 7: Restrictions on eligibility: Former members and TUPE transfers
- 1Introduction
- 2Condition A
- 3Condition B
- 4Exception
- 5Broadly equivalent to TUPE transfer
- 6TUPE expressions
- Schedule 8: Restrictions on eligibility: Secondments relating to qualifying contracts
- 1Retention arrangement
- 2Persons subject to retention arrangements
- 3Exceptions
- 4Other body saving
- 5Qualifying contract
- Schedule 9: Pension accounts
- Part 1: Interpretation
- 1Interpretation
- 2Pensionable service
- 3Meaning of “leaver index adjustment”
- 4Meaning of “leaver AP index adjustment”
- 5Meaning of “full retirement earned pension”
- 6Meaning of “full retirement additional pension”
- 7Meaning of “partial retirement earned pension”
- 8Meaning of “partial retirement additional pension”
- 9Meaning of “actuarial reduction”
- 10Meaning of “conversion amount”
- Part 2: Active member's account
- 11Establishment of active member's account
- 12Receipt of club transfer values
- 13Amount of pension for a scheme year
- 14Account to specify opening balance and index adjustment
- 15Actuarial reduction buy-out
- Part 2A: Active member’s account for unqualified members
- 15AClosure of an active member’s account
- 15BActive member’s account for unqualified member re-established after break not exceeding 5 years
- 15CActive member’s account for unqualified member remains closed after break exceeding 5 years
- Part 3: Deferred member's account
- 16Establishment of deferred member's account
- 17Account to specify amount of accrued earned pension and leaver index adjustment
- 18Deferred member's account closed after break not exceeding 5 years
- 19Deferred member's account remains open after a break in service of more than 5 years
- Part 4: Pensioner member's account
- 20Pension accounts for active or deferred members who become pensioner members
- 21Pension accounts for partial retirement members
- Part 5: Additional pension account
- 22Establishment of additional pension account
- 23Account to specify amount of additional pension
- 24Account to specify opening balance and AP index adjustment
- 25Partial retirement pension abated to zero
- Part 6: Pension credit member's account
- 26Pension credit member's pension account
- 27Separate account for each capacity of membership
- Part 7: Calculation of accrued pension
- 28Calculation of amount of accrued pension for purposes of full retirement
- 29Calculation of amount of accrued pension for purpose of partial retirement
- 30Calculation of amount of accrued pension for purposes of deferment
- Schedule 10: Practitioner Income
- 1Interpretation
- 2Medical practitioner
- 3Dental practitioner
- 4Allocation of practice income
- 5Partners' NHS employment earnings
- 6Paragraph 4 and 5 election and calculation
- 7Locum practitioner
- Schedule 11: Determination of pensionable earnings: setting contribution rates
- 1Introduction
- 2Continuous employment spanning two scheme years
- 2AMembers who do not fall within any of the cases in paragraph 2
- 3Change to employment or rate of pensionable earnings or allowances
- 4Small payments: changed circumstances
- 5Payments for unsocial hours
- Schedule 12: Practitioner Contribution Payments
- Part 1: Accounts
- 1Medical practitioners and non-GP providers
- 2Medical practitioners not members of a practice
- 3Dentists
- 4Information to be provided to scheme manager
- 5Failure of member to comply with this Schedule
- 6Certificates, notices and statements
- Part 2: Payment arrangements
- 7Medical practitioners and non-GP providers
- 8Dentists
- 9Payment of contributions to host Board
- 10Recovery of unpaid contributions
- Schedule 13: Calculation of pension
- Part 1: Age retirement pension
- 1Annual rate of age retirement pension
- 2Late payment of pension with actuarial increase
- Part 2: Conversion of part of pension into lump sum
- 3Conversion of part of pension
- 4Member declaration
- 5Protection of guaranteed minimum pension
- Part 3: Early retirement pension
- 6Calculation of amount of early retirement pension
- Part 4: Premature retirement pension
- 7Calculation of amount of premature retirement pension
- Schedule 14: Lump sum on death
- 1Interpretation
- 2Death of active member
- 3Death of deferred member
- 4Death of pensioner member
- 5Death of recent leaver
- 6Death of re-employed pensioner
- 7Death of partial retirement pensioner
- 8Death of pension credit member
- 9Payment of lump sums on death
- Schedule 15Definitions
- Explanatory note