# The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023, Note: Explanatory note (This note is not part of the Regulations) These Regulations further amend the National Health Service Pension Scheme Regulations 1995 (S.I.1995/300) (“the 1995 Regulations”), the National Health Service Pension Scheme Regulations 2008 (S.I. 2008/653) (“the 2008 Regulations”), the National Health Service Pension Scheme Regulations 2015 (S.I. 2015/94) (“the 2015 Regulations”) and the National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95) (“the 2015 Transitional Regulations”). These Regulations come into force on 1st October 2023. Part 1 provides for citation, commencement and extent. Part 2 makes amendments to the 1995 Regulations to provide for partial retirement for 1995 Section members. Regulations 3, 4 and 5 update various definitions and add a new definition of “active member”. Regulation 6 inserts new regulations E5A, E5B and E5C. New regulation E5A sets out the qualifying requirements for partial retirement and the entitlements. New regulation E5B deals with abatement of partial retirement benefits where members who partially retire then increase their pensionable pay. New regulation E5C makes provision for how new regulations E5A and E5B apply in circumstances where a member is in pensionable employment in two or more part-time employments. Regulation 7 updates the provisions for lump sum on retirement. Regulation 8 makes a consequential amendment to regulation F2 and regulation 9 inserts new regulation F2A to provide for lump sums for members who die after a partial retirement pension becomes payable. Regulation 10 provides that any actuarial reduction applied to a partial retirement pension is not applied to the corresponding widow’s pension that is payable. Regulation 11 provides that any actuarial reduction is not applied to any child survivor pension payable. Regulation 12 disapplies the 10 year underpin from the calculation of child survivor pension payable where members have taken partial retirement. Regulation 13 provides that members taking partial retirement are not entitled to allocate part of that pension to their partner or spouse on death. Regulation 14 makes an amendment to exclude non-pensionable members becoming entitled to their pension without having to leave NHS employment. Regulation 15 prevents added years being included automatically in the calculation of partial retirement and Regulation 16 ensures that partial retirement pensions are in scope of the rules on reduction of added years. Regulation 17 amends the provisions in Schedule 2 on partial retirement pensions for medical and dental practitioners. Part 3 makes amendments to the 2008 Regulations. Regulations 19 and 21 make amendments to allow 100% drawdown for 2008 Section members. Regulation 20 makes an amendment to exclude non-pensionable members becoming entitled to their pension without having to leave NHS employment. Part 4 makes amendments to the 2015 Regulations. Regulation 23 makes an amendment to allow non-pensionable old scheme members to join the 2015 Scheme. Regulation 24 makes an amendment to allow 100% drawdown in the 2015 Scheme. Part 5 makes amendments to the 2015 Transitional Regulations. Regulation 26 inserts new terms to the interpretation provisions for “non-pensionable old scheme members”. Regulation 27 makes amendment in respect of such a member recommencing service after a break. Regulation 28 makes provision on the determination of such a member’s pensionable pay, final pensionable pay and reckonable pay. Regulation 29 makes provision regarding the refund of contributions in cases of inordinate pay. Regulation 30 makes provision regarding cessation of the final salary link on payment of benefits. Regulation 31 makes provision that the final salary link may not be applied to non-pensionable old scheme members joining the 2015 scheme, if to not apply it would be more beneficial to the member. Regulation 32 makes amendments requiring members who take partial retirement to claim their benefits from the old scheme before claiming any benefits in the new scheme. Regulations 33 and 34 make provision regarding the variation of lump sums for members who have taken partial retirement. Regulation 35 makes provision for death benefits for non-pensionable old scheme members, inserting a new Table 2 setting out the benefits payable to non-pensionable old scheme members who join the 2015 scheme, ensuring their entitlements under the new scheme are not worse than under the old scheme. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. --- Source: https://www.legislation.gov.uk/uksi/2023/952/note (the official version) Page: https://openlegislation.uk/national-health-service-pension-schemes-partial-retirement-etc-amendment-regulations-2023/note Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.