UK Statutory Instrument SI 1995/300 United Kingdom

The National Health Service Pension Scheme Regulations 1995

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Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Employer10 Any Person3 Self-Employed Person1 Contractor1

Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

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Employer — also bound by 701 other Acts
TULRCA 1992 72 duties
Any Person — also bound by 2684 other Acts
Self-Employed Person — also bound by 78 other Acts
Contractor — also bound by 171 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.reg.a3 Approved Out of Hours providers Regulated
  • Notify NHS appointed body on same day if you become insolvent or are struck offEmployer
s.reg.t1 Claims for benefits Regulated
  • Provide information to the Secretary of State for NHS Pension claimsEmployer
148 other provisions — procedural and definitional
s.reg.a1 Citation and commencement
s.reg.a2 Interpretation
s.reg.a4 Civil partnerships and marriage of same sex couples
s.reg.b1 Membership of this Section of the scheme
s.reg.b2 Restrictions on membership
s.reg.b3 Restriction on further participation in this Section of the scheme
s.reg.b4 Opting–out of this Section of the scheme
s.reg.b5 Opting into this Section of the scheme: mis-sold pensions
s.reg.c1 Meaning of “pensionable pay" and “final year’s pensionable pay"
s.reg.c2 Meaning of “pensionable service"
s.reg.c3 Meaning of “qualifying service"
s.reg.d1 Contributions by members
s.reg.d1a Members’ contributions: redundancy
s.reg.d2 Contributions by employing authorities
s.reg.d3 Further contributions by employing authorities in respect of excessive pay increases
s.reg.d4 Scheme Administration Charge
s.reg.e1 Normal retirement pension
s.reg.e2 Early retirement pension (ill–health)
s.reg.e2a Ill health pension on early retirement
s.reg.e2b Re-assessment of ill health condition determined under regulation E2A
s.reg.e2c Further employment after a benefit is paid under regulation E2A
s.reg.e3 Early retirement pension (redundancy etc. additional provisions)
s.reg.e3a Early retirement pension (termination of employment by employing authority)
s.reg.e3ab Early retirement pension: additional contribution option
s.reg.e3b Early retirement pension (redundancy etc. notifications)
s.reg.e3c Early retirement pension (special classes)
s.reg.e3d Continuing entitlement to an E1 or E5 pension
s.reg.e4 Early retirement pension (employer’s consent)
s.reg.e5 Early retirement pension (with actuarial reduction)
s.reg.e5a Partial retirement pension
s.reg.e5b Increase in pensionable pay following exercise of option under regulation E5A
s.reg.e5c Application of regulations E5A and E5B with modifications where concurrent part-time employments held
s.reg.e6 Lump sum on retirement
s.reg.e7 General option to exchange part of pension for lump sum
s.reg.f1 Member dies in pensionable employment
s.reg.f2 Member dies after pension becomes payable (other than a pension under regulation E5A)
s.reg.f2a Member dies after a pension under regulation E5A becomes payable
s.reg.f3 Member dies with preserved pension
s.reg.f4 Member dies within 12 months after leaving pensionable employment without pension or preserved pension
s.reg.f5 Payment of lump sum
s.reg.g1 Widow’s pension
s.reg.g10 Surviving civil partner’s pension
s.reg.g11 Dependent surviving civil partner’s pension
s.reg.g12 Purchase of surviving civil partner’s pension in respect of service prior to 6th April 1988
s.reg.g13 Increased surviving civil partner’s pension
s.reg.g14 Surviving scheme partner’s pension
s.reg.g15 Dependent surviving scheme partner’s pension
s.reg.g16 Purchase of surviving partner’s pension in respect of service before 6th April 1988
s.reg.g17 Increased surviving partner’s pension
s.reg.g2 Member dies in pensionable employment
s.reg.g3 Member dies after pension becomes payable
s.reg.g4 Member dies with preserved pension
s.reg.g5 Member dies within 12 months after leaving pensionable employment without pension or preserved pension
s.reg.g6 Member marries after leaving pensionable employment
s.reg.g7 Widower’s pension
s.reg.g8 Dependent widower’s pension
s.reg.g9 Increased widower’s pension
s.reg.h1 Dependent child
s.reg.h2 Payment of allowance
s.reg.h3 Member dies in pensionable employment
s.reg.h4 Member dies after pension becomes payable
s.reg.h5 Member dies with preserved pension
s.reg.h6 Member dies within 12 months after leaving pensionable employment without pension or preserved pension.
s.reg.h7 Dependent child not being maintained by surviving parent or spouse or civil partner or scheme partner of a parent
s.reg.j1 Allocation of pension
s.reg.j2 Limits on allocation of pension
s.reg.j3 Date on which allocation has effect
s.reg.k1 Contracting-out conditions to be overriding
s.reg.k2 Guaranteed minimum pensions
s.reg.k3 Late retirement
s.reg.k4 Early leavers
s.reg.k5 Guaranteed minimum pensions transferred to this Section of the scheme
s.reg.k6 Protected rights transferred to this Section of the scheme
s.reg.k7 State scheme premiums
s.reg.l1 Preserved pension
s.reg.l2 Refund of contributions
s.reg.l3 Payment of interest with refund of contributions
s.reg.l4 Early leavers returning to pensionable employment
s.reg.m1 Member’s right to transfer or buy-out
s.reg.m2 Exercising a right to a transfer or a buy out
s.reg.m3 Amount of member’s cash equivalent
s.reg.m4 Applications for transfer value payments: General
s.reg.m5 Applications for transfer value payments: time limits
s.reg.m6 Special terms for transfer out (bulk transfers etc)
s.reg.m7 Member’s right to transfer a preserved pension to the 2008 Section
s.reg.m8 Member’s right to transfer a preserved pension to the 2015 Scheme
s.reg.n1 Member’s right to transfer accrued rights to benefits to this Section of the scheme
s.reg.n2 Transfers made under the Public Sector transfer Arrangements
s.reg.n3 Transfers that are not made under the Public Sector Transfer Arrangements
s.reg.n3a Transfers in respect of members to whom regulation B5 applies who elect to join or rejoin this Section of the scheme
s.reg.n4 Special terms for transfers in (bulk transfers etc.)
s.reg.n5 Waiver of transfer payments
s.reg.p1 Absence because of illness or injury or certain types of leave
s.reg.p2 Other leave of absence
s.reg.q1 Right to buy additional service
s.reg.q10 Members option to pay lump sum contributions to purchase additional pension
s.reg.q11 Payment of additional lump sum contributions by employing authority
s.reg.q12 Exercise of options under regulations Q8, Q10 and Q11
s.reg.q13 Cancellation and cessation of options under regulation Q8
s.reg.q14 Effect of payment of additional contributions under this Part
s.reg.q15 Effect of death or early payment of pension after option exercised under regulation Q8, Q10 or Q11
s.reg.q16 Effect of part payment of periodical contributions
s.reg.q17 Revaluation of increases bought under options: members’ pensions
s.reg.q2 Right to buy an unreduced retirement lump sum
s.reg.q3 Electing to buy additional service or unreduced retirement lump sum
s.reg.q4 Paying for additional service by single payment
s.reg.q5 Paying for unreduced retirement lump sum by single payment
s.reg.q6 Paying for additional service or unreduced retirement lump sum by regular additional contributions
s.reg.q7 Part payment for additional service or unreduced retirement sum
s.reg.q8 Option to pay additional periodical contributions to purchase additional pension
s.reg.q9 Effect of member being absent or leaving and rejoining this Section of the Scheme during the contribution option period
s.reg.r1 Practitioners and specialist trainees in general practice
s.reg.r10 Polygamous marriages
s.reg.r11 Participators in pilot schemes
s.reg.r12 Pension sharing on divorce or nullity of marriage or, dissolution or nullity of civil partnership
s.reg.r2 Nurses, physiotherapists, midwives and health visitors
s.reg.r3 Mental health officers
s.reg.r4 Members doing more than one job
s.reg.r5 Part–time employment
s.reg.r6 Members entitled to fees for domiciliary consultations
s.reg.r7 Members who work temporary additional sessions
s.reg.r8 Former members of health service schemes
s.reg.r8a Former members of the NBSBPS
s.reg.r9 Members whose earnings are reduced
s.reg.s1 Suspension of pension on return to NHS employment
s.reg.s2 Reduction of pension on return to NHS employment
s.reg.s3 Benefits in respect of pensionable employment after pension becomes payable
s.reg.s3a Benefits in respect of pensionable employment after pension becomes payable under regulation E2A
s.reg.s4 Benefits on death in pensionable employment after pension under regulation E2 becomes payable
s.reg.s4a Benefits on death in pensionable employment after pension under regulation E2A becomes payable
s.reg.t1a Provision of information: continuing entitlement to benefit
s.reg.t2 Deduction of tax
s.reg.t2a Deduction of tax: further provisions
s.reg.t3 Benefits not assignable
s.reg.t4 Beneficiary who is incapable
s.reg.t5 Offset for crime negligence or fraud
s.reg.t6 Loss of rights to benefits
s.reg.t7 Commutation of trivial pensions
s.reg.t8 Interest on late payment of benefits
s.reg.t9 Interest and Administration Charges: late paid contributions
s.reg.u1 Extension of time limits
s.reg.u1a Determinations by medical practitioners
s.reg.u2 Determination of questions
s.reg.u3 Accounts and actuarial reports
s.reg.u4 Cost sharing
s.reg.u5 Benefit information statements
s.reg.v1 Option to members detrimentally affected by these Regulations
s.reg.v2 Revocations and savings
Schedules

Schedules

14 of 128 shown
s.sch002 Accounts and actuarial reports Regulated
  • Return annual reconciliation notice to NHS host Board within 3 monthsContractor
s.sch002 Elections relating to calculation of “pensionable earnings" in medical partnerships Regulated
  • Submit signed partnership notice on pensionable earnings to NHS EnglandSelf-Employed Person
s.sch002b Where paragraph 9(e) applies, and the Independent Provider determines that... Regulated
  • Top up insufficient IP guarantee cover within 14 days and notify the Secretary of StateAny Person
s.sch002b An Independent Provider must apply for approval on either— Regulated
  • Apply for NHS Pension Scheme approvalEmployer
s.sch002b Those steps are to require the Independent Provider to— Regulated
  • Guarantee increased NHS pension contribution liabilitiesEmployer
s.sch002b Where the 75% threshold is exceeded, the Independent Provider must... Regulated
  • Pay employer contribution surcharge when 75% pensionable pay threshold is exceededEmployer
s.sch002b An Independent Provider must pay an employer contribution surcharge to... Regulated
  • Pay employer contribution surcharge to the Secretary of StateEmployer
s.sch002b Pension Returns Regulated
  • Submit pension information returns to the Secretary of StateAny Person
s.sch002b Where any employee of an Independent Provider who became an... Regulated
  • Notify employee and Secretary of State when pension membership endsEmployer
s.sch002b Information referred to in paragraph 54 must be provided within... Regulated
  • Provide requested NHS Pension Scheme information within 14 daysEmployer
s.sch002b The Secretary of State may, by notice in writing, require... Regulated
  • Provide information when requested by the Secretary of State for compliance checksAny Person
s.sch002b Where an Independent Provider’s status as an employing authority must... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must give written notice of termination to Independent ProvidersCrown / Minister / Government department
s.sch002b An Independent Provider may not give a withdrawal notice that... Regulated
  • Do not withdraw from NHS Pension Scheme section without affected officer member's consentEmployer
s.sch002b In order to ensure that the required level of cover... Regulated
  • Review your IP guarantees at specific trigger pointsEmployer
114 other schedules
s.sch002 Additional definitions used in this Schedule
s.sch002 Contributions to this Section of the scheme
s.sch002 Normal retirement pension
s.sch002 Practitioners with benefits from both practitioner and officer service
s.sch002 Early Retirement Pension (ill–health)
s.sch002 Partial retirement pension
s.sch002 Early retirement pension (employer’s consent)
s.sch002 Lump sum on member’s death in pensionable employment or after pension becomes payable
s.sch002 Widows, widowers or surviving civil partners pension on member’s death in pensionable employment
s.sch002 Increased widower’s pension
s.sch002 Increased surviving civil partner’s pension
s.sch002 Increased dependent surviving scheme partner’s pension
s.sch002 Increased surviving partner pension
s.sch002 Child allowance—member dies in pensionable employment
s.sch002 Preserved pension
s.sch002 Transfers from other pension arrangements
s.sch002 Members absent from work
s.sch002 Application of Regulations with modifications
s.sch002 Right to buy additional service and unreduced retirement lump sum
s.sch002 Members doing more than one job
s.sch002 Reduction of pension on return to NHS employment
s.sch002 Benefits on death in pensionable employment after pension becomes payable
s.sch002 Membership: locum practitioners
s.sch002 Meaning of “pensionable earnings"
s.sch002 Calculating pensionable earnings of medical practitioners in partnership
s.sch002 Distribution of pensionable earnings between type 1 dental practitioners employed or engaged by the same GDS or PDS contractor
s.sch002 Meaning of “pensionable earnings" in relation to other practitioners
s.sch002 Exclusions and deductions from pensionable earnings — all practitioners
s.sch002 Limit on pensionable earnings — dental practitioners
s.sch002 Officer service treated as practitioner service
s.sch002 Locum practitioners: breaks between contracts
s.sch002a Discharge of liability in respect of a pension credit following the death of the person entitled to the pension credit
s.sch002a Transfers
s.sch002a General rules about benefits
s.sch002a Offset for crime, negligence or fraud
s.sch002a Loss of rights to benefits
s.sch002a Interest on late payment of benefits
s.sch002a Administrative matters
s.sch002a Medical determinations
s.sch002a Safeguarded rights
s.sch002a Pension credit benefit on attaining normal benefit age
s.sch002a Pension credit benefit before attaining normal benefit age (with actuarial reduction)
s.sch002a Pension credit benefit before attaining normal benefit age (on grounds of ill health)
s.sch002a Commutation of the whole of pension credit benefit before normal benefit age
s.sch002a Commutation of the whole of pension credit benefit at normal benefit age
s.sch002a Pension credit member dies before pension credit benefit becomes payable
s.sch002a Pension credit member dies after pension credit benefit becomes payable
s.sch002a Excluded membership
s.sch002a Payment of lump sum on death
s.sch002b In this Schedule— “75% threshold” means 75% of the total...
s.sch002b Paragraph 10 applies with equal effect where the Independent Provider...
s.sch002b Where paragraph 10 or 11 applies, and the Independent Provider...
s.sch002b Approval and Approval Applications
s.sch002b An approval application must— (a) be in writing;
s.sch002b An approval application may nominate a date (“the nominated date”)...
s.sch002b Where paragraph 16 applies and— (a) the Secretary of State...
s.sch002b Where paragraph 16 applies and— (a) the Secretary of State...
s.sch002b Where an approval application— (a) does not include a nominated...
s.sch002b Where an Independent Provider has been granted employing authority status,...
s.sch002b An “ Independent Provider ” means a person that employs...
s.sch002b Where an Independent Provider has been granted employing authority status...
s.sch002b Where an Independent Provider is an associated Independent Provider (“AIP”)...
s.sch002b Where an Independent Provider, having been granted employing authority status,...
s.sch002b Change from open approval to closed approval basis
s.sch002b A modification notice given in respect of one or more...
s.sch002b A modification notice must— (a) be in writing;
s.sch002b On the operative modification date— (a) the basis of the...
s.sch002b A person who is, but for a modification notice, otherwise...
s.sch002b Nothing in paragraph 28 prevents a person referred to in...
s.sch002b The “wholly or mainly condition”— (a) requires that any employee...
s.sch002b During the modification period, a person who was eligible to...
s.sch002b Change from closed approval to open approval basis
s.sch002b An Independent Provider that has previously modified its participation in...
s.sch002b An application referred to in paragraphs 31 and 32 must...
s.sch002b Where the Secretary of State is satisfied that the Independent...
s.sch002b The 75% Pensionable Pay Threshold and Contribution Surcharge
s.sch002b Where an Independent Provider has two or more qualifying contracts,...
s.sch002b Where the Secretary of State is satisfied that the Independent...
s.sch002b Where the employer contribution surcharge has been imposed on all...
s.sch002b IP Guarantees
s.sch002b If an Independent Provider fails to pay an employer contribution...
s.sch002b The Secretary of State may exceptionally waive all or any...
s.sch002b The rate of the employer contribution surcharge for the scheme...
s.sch002b Where the 75% threshold is exceeded, the whole of the...
s.sch002b Default Notices
s.sch002b A default notice must notify the Independent Provider—
s.sch002b The Secretary of State must provide the commissioning party to...
s.sch002b Where, one month after issue of a default notice, some...
s.sch002b Where the Secretary of State receives an amount from the...
s.sch002b The Secretary of State may at any time require an...
s.sch002b For— (a) paragraph 50(a), the relevant period is the complete...
s.sch002b The information referred to in paragraph 50 is—
s.sch002b Provision of information
s.sch002b Termination of employing authority status by Secretary of State
s.sch002b The Secretary of State may terminate an Independent Provider’s status...
s.sch002b Without prejudice to the generality of paragraphs 4 and 5,...
s.sch002b Where an Independent Provider’s employing authority status is terminated, on...
s.sch002b Withdrawal of participation in this Section of the scheme
s.sch002b The date on which withdrawal from this Section of the...
s.sch002b A withdrawal notice must— (a) be in writing; and
s.sch002b A withdrawal notice is effective in respect of all qualifying...
s.sch002b Where paragraph 64(b) is satisfied, a person who has given...
s.sch002b A person who could, but for a withdrawal notice, have...
s.sch002b Nothing in paragraphs 62 to 67 prevents a person from...
s.sch002b A person who was eligible to become an officer member...
s.sch002b Where the Secretary of State requires an Independent Provider to...
s.sch002b An Independent Provider that has withdrawn from participation in this...
s.sch002b An application referred to in paragraph 70 must specify that...
s.sch002b Where after approval as an employing authority pursuant to this...
s.sch002b Where an Independent Provider is required to provide an IP...
s.schedule/1/part/1/paragraph/wrapper1n2 Member’s age when employing authority receives notice of election (1)...
s.schedule/1/part/2/paragraph/wrapper2n2 Member’s age when employing authority receives notice of election (1)...
s.schedule/1/part/3/paragraph/wrapper3n2 Member’s age at next birthday after employing authority receives notice...
s.schedule/1/part/4/paragraph/wrapper4n2 Member’s age at next birthday after employing authority receives notice...

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