Explanatory note

The 2 year waiting period for those whose duties are not wholly or mainly administrative, professional or clerical is abolished and minimum age for entry is reduced to age 16 (regulation 5).

Membership of the superannuation scheme is no longer a compulsory requirement of Health Service employment and members and prospective members may elect not to participate in the Scheme (regulation 6).

The minimum qualifying period for pension is reduced from 5 years to 2 years (regulation 7).

Where an officer or practitioner retires on ill-health grounds and has 2 years' but less than 5 years' service pension will be brought into payment immediately but without enhancement. The qualifying period for enhancement on ill-health retirement will continue to be 5 years' reckonable service (regulations 18 and 28).

A widower’s pension will now be payable for service from 6th April 1988. Provision is made in these Regulations for the purchase of pre-6th April 1988 service by means of a reduction in lump sum retiring allowance of two-eightieths for each year of service before 25th March 1972 and a one-eightieth reduction for each year of service between 25th March 1972 and 5th April 1988. Additionally a married female officer may purchase an unreduced retiring allowance either by means of regular deductions from her salary or by lump sum payment at full rate for service before 25th March 1972 and half rate for service from 25th March 1972 to 5th April 1988. The provision for nomination of a dependent husband has been retained (regulations 8, 13 and 17).

Provision is made for the Guaranteed Minimum Pension element of pension to be increased (regulation 14).

Provision is made whereby, when a practitioner elects not to participate in the benefits of the scheme and partnership remuneration is calculated on the basis of shares in the partnership under proviso (a) to regulation 68(2) or sub-paragraphs (i) or (ii) of proviso (b) to regulation 68(2) of the principal Regulations, it will be necessary for all members of the partnership to agree the allocation of remuneration whether or not one or more members of the partnership have elected that the regulations shall not apply to them (regulation 26).

A discretionary provision allows for the continuation of a widow’s or widower’s pension on remarriage or cohabitation where the Secretary of State is satisfied that cessation of the pension would cause severe financial hardship (regulation 10).

Provision is made that where an officer requests to transfer service to a personal pension, any service prior to 6th April 1988 which amounts to less than 2 years may be transferred. Where service prior to 6th April 1988 is more than 2 years benefits will be preserved in the scheme for payment at normal retiring age. If the officer leaves employment before age 59 a transfer of accrued benefits may be made (regulation 30).

As a consequence of the Transfer of Functions (Minister for the Civil Service) Order 1981 (S.I. 1981/1670), article 2, reference to Treasury is substituted for all references to Minister for the Civil Service-regulations 9, 51, 52 and 65 of the principal Regulations (regulation 35).

Provision is made for child’s allowance to be paid at the higher rate when there is no liability for widow/widowers' pension or where the widow/widowers' pension has ceased (regulation 32).