Explanatory note

These Regulations further amend the National Health Service (Superannuation) Regulations 1980 (“the principal Regulations”).

The main changes are as follows:–

• regulation 3 relaxes the conditions for membership of the scheme provided under the principal Regulations, in particular by reducing the minimum age requirement from 18 years to 16 years and by abolishing the requirement that manual workers must serve a 2 year waiting period.

• regulation 4, by substituting a new regulation 6 in the principal Regulations, introduces voluntary, in place of compulsory, membership of the scheme.

• regulation 5 reduces, from 5 years to 2 years, the period of qualifying service giving rise to preservation of benefits under the principal Regulations. It also reduces to 2 years the period of service giving rise to entitlement to a widow’s pension in the case of death in service and the period below which there may be entitlement to a limited pension.

• regulation 11 introduces entitlement to a widower’s pension in respect of service from 6th April 1988 and also enables the purchase of an increase in such a pension in respect of service before that date.

• regulation 14 extends regulation 21 of the principal Regulations to provide for transfer payments to the scheme from personal pension arrangements and self-employed pension arrangements. – regulation 22, by inserting a new regulation 58A of the principal Regulations, introduces a limit on pensionable remuneration for those who become members of the scheme on or after 1st June 1989 and, subject to exceptions, for those who resume membership on or after that date.

• regulations 25 to 29 make amendments to Part III of the principal Regulations (provisions relating to Medical and Dental Practitioners). In particular, amendments are made consequent upon regulation 4 of these Regulations (introduction of voluntary membership).

• regulation 30 amends regulation 80 of the principal Regulations by providing a person who electes to leave the scheme with entitlement to a transfer payment and by making provision with regard to transfers to personal pension arrangements and self-employed pension arrangements.

A number of consequential, miscellaneous and drafting amendments are also made.

Regulation 35, which is made under powers conferred by section 12(1) of the Superannuation Act 1972, provides that certain of the amendments are to have retrospective effect. Regulations 8(1) and 9 have effect from 20th July 1984; regulation 17 has effect from 3rd June 1986; regulation 27 has effect from 1st March 1987 and regulations 2(c), 3 to 7, 8(2), 11 to 13, 15, 16, 19, 25, 26, 28, 29, 30, 33 and 34 have effect from 6th April 1988.

Regulation 36 provides in certain circumstances for a person who is placed in a worse position as a result of an amendment made by these Regulations to elect that the provision in question shall not apply.