National Health Service, England And Wales PART 1 Introductory Citation, commencement and effect 1 1 These Regulations may be cited as the National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019. 2 Save as provided in paragraph (3), these Regulations come into force on 1st April 2019. 3 Regulations 3(2), 3(4), 3(7), 7 to 9, 11, 27 to 31, 43(3)(a) and (c), 44, 48 to 49, 52 to 53, 59(2) and (3), 60, 65 to 66, 69 to 70, 77, 84 to 85, 88 to 89 and 94(a) and (c) come into force on 6th April 2019. 4 Regulation 6 has effect from 1st April 2018. 5 Regulations 82 to 83, 86 to 87, 90, 91(2) and 107 have effect from 1st April 2015. 6 Regulations 40(3)(b) and 63(a) have effect from 1st April 2014. 7 Regulations 58 and 75 have effect from 1st April 2010. 8 Regulations 57 and 74 have effect from 1st October 2009. 9 Regulations 3(3), 10, 12 to 13, 18 to 19, 21(b), 22 to 26, 32(3), 33(3), 34 to 36, 37(2), 40(5), 50 to 51, 54, 55(2), 67 to 68, 71, 72(2), 96 to 98 and 100 to 105 have effect from 1st April 2008. 10 Regulations 14 to 17, 20, 21(a) and (c), 32(2), 33(2), 38 and 40(4) have effect from 5th December 2005. PART 2 Amendments to the National Health Service Pension Scheme Regulations 1995 General 2 The National Health Service Pension Scheme Regulations 1995 are amended in accordance with this Part. Amendment of regulation A2 3 1 Regulation A2 (interpretation) is amended as follows. 2 After the definition of “the 2015 Scheme” insert— “the 2016 Order” means the Pensions Act 2014 (Contributions Equivalent Premium) (Consequential Provision) and (Savings) (Amendment) Order 2016 ; . 3 At the appropriate place in the alphabetical order insert— “scheme partner” has the meaning given in regulation G14(7); “surviving scheme partner” has the meaning given in regulation G14(8); . 4 For the definition of “contracting-out requirements” substitute “contracting-out requirements” means the requirements mentioned in— paragraphs 1(a)(ii) and (2) of regulation 18 (payment of a lump sum instead of a pension); and paragraphs (5) and (6) of regulation 25 (payment of lump sum instead of a pension), of the Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 ;. . 5 For the definition of “ NHS standard sub-contract” substitute— “NHS standard sub-contract” means a sub-contract that complies with the National Health Service Commissioning Board’s guidance “NHS Standard Sub-Contract for the Provision of Clinical Services 2017/18 and 2018/19 (full length and shorter-form versions) Guidance” ; . 6 For the definition of “officer” substitute— “officer” means a person employed by an employing authority including a GP Registrar and a non-GP provider, but does not include— a GP performer; a dentist performer; a person engaged under a contract for services; . 7 For the definition of “section 9(2B) rights” substitute— “section 9(2B) rights” has the same meaning given in the Occupational Pension Schemes (Schemes that were Contracted-out) ( No. 2) Regulations 2015; . 8 Omit the definition of “CCT ”. Amendment of regulation D1 4 In regulation D1 (contributions by members), in paragraph (1A) , for— a “of the scheme years 2015-2016 to 2018-2019 inclusive”, substitute “scheme year from 2015-2016”; b the heading to the table, substitute “Scheme Years from 2015-16”. Amendment of regulation D2 5 In regulation D2 (contributions by employing authorities), in paragraph (2), for “14.3%” substitute “20.6%” . Amendment of regulation D3 6 In regulation D3 (further contributions by employing authorities in respect of excessive pay increases), after paragraph (19A) insert— 19B An increase in a member’s pensionable pay pursuant to the “Framework agreement on the reform of Agenda for Change” adopted on 27 June 2018 is to be ignored for the purposes of this regulation. . Amendment of regulation E1 7 In regulation E1 (normal retirement pension), in paragraph (4), for “consistent” to the end substitute— consistent with— a the contracting-out requirements; and b the preservation requirements. . Amendment of regulation E2 8 In regulation E2 (early retirement pension (ill-health)), in paragraph (7), for “consistent” to the end substitute— consistent with— a the contracting-out requirements; and b the preservation requirements. . Amendment of regulation E2A 9 In regulation E2A (ill health pension on early retirement), in paragraph (7), for “consistent” to the end substitute— consistent with— a the contracting-out requirements; and b the preservation requirements. . Amendment of regulation F5 10 In regulation F5 (payment of lump sum), for paragraph (12) substitute— 12 In this regulation “surviving partner” means— a a surviving scheme partner; or b one of the following, who survives the member— i a widow; ii a widower; iii a civil partner. . Amendment of regulation G5 11 In regulation G5 (member dies within 12 months after leaving pensionable employment without pension or preserved pension), in paragraph (2), for “section 55(2) of the Pension Schemes Act 1993” substitute “section 55 of the 1993 Act or article 3 of the 2016 Order”. Amendment of regulation G6 12 In regulation G6 (member marries after leaving pensionable employment), in paragraph (4)— a for “nominated partner” substitute “scheme partner”; b for “nominated partner’s pension” substitute “scheme partner’s pension”; c for “nominated partner pension” substitute “surviving scheme partner’s pension”. Amendment of regulation G9 13 In regulation G9 (increased widower’s pension), in paragraph (5), in sub-paragraph (b), for “nominated partner” substitute “scheme partner”. Amendment of regulation G10 14 1 Regulation G10 (surviving civil partner’s pension) is amended as follows. 2 In paragraph (2), omit “Subject to paragraph (3),”. 3 Omit paragraphs (3), (4) and (5). Omission of regulation G11 15 Omit regulation G11 (dependent surviving civil partner’s pension). Omission of regulation G12 16 Omit regulation G12 (purchase of surviving civil partner’s pension in respect of service prior to 6th April 1988). Omission of regulation G13 17 Omit regulation G13 (increased surviving civil partner’s pension). Amendment of regulation G14 18 For regulation G14 (surviving nominated partner’s pension), substitute— Surviving scheme partner’s pension G14 1 This regulation applies on the death of a member, if— a the member has pensionable service on or after 1st April 2008, b the member dies in any of the circumstances described in regulations G2 to G6, and c the member leaves a surviving scheme partner. 2 Where this regulation applies, a surviving scheme partner is entitled to a surviving scheme partner’s pension. 3 A surviving scheme partner’s pension is calculated and paid— a in accordance with regulations G1 to G6, as they apply to pensions for widows, and b excluding any part of the member’s benefit that is based on pensionable service before 6th April 1988. 4 Paragraph 3(b) is subject to the following— a if regulation G2(3) or (3C) or regulation G4(2) or (2A) applies to the calculation of a surviving scheme partner’s pension on a member’s death in pensionable employment or with a preserved pension— i the whole of the member’s pensionable service is taken into account when calculating whether and, if so, the extent to which there would have been an increase, by the application of regulation E2(3) or regulation E2A(4), in the pensionable service on which the member’s pension, under regulation E2 or regulation E2A, would have been based, and ii the whole period, if any, by which the member’s pension would have increased, is treated, in this regulation, as pensionable service after 5th April 1988 for the purpose of calculating a surviving scheme partner’s pension; b if regulation G3(2) applies, so that the surviving scheme partner’s pension is equal to the member’s pension for a limited period, the surviving scheme partner’s pension for that limited period is equal to the whole of the member’s pension. 5 If regulation G6 applies, paragraph (1) of that regulation applies as if the words “where the member and his wife were not married to each other during any period of pensionable employment” read “if the Secretary of State is not satisfied that a member’s partner was the member’s scheme partner for a continuous period of at least two years ending on the member’s last day of pensionable service”. 6 A reference in these Regulations to regulation G1 to G6 means, in relation to benefits in respect of a member who has a scheme partner, those regulations as applicable to the member’s surviving scheme partner. 7 A person (P) is the scheme partner of a member if — a the member and P are living together as if they were husband and wife or civil partners, b the member and P are not prevented from marrying or entering into a civil partnership, c the member and P are financially interdependent or P is financially dependent on the member, and d neither the member nor P is living with a third person as if they were husband and wife or as if they were civil partners. 8 A person is a surviving scheme partner of a member if the Secretary of State is satisfied that for a continuous period of at least two years, ending with the member’s death, the person was the scheme partner of that member. . Amendment of regulation G15 19 1 Regulation G15 (dependent surviving nominated partner’s pension) is amended as follows. 2 In the heading for “nominated partner’s” substitute “scheme partner’s”. 3 For paragraph (1), substitute— 1 A member may apply for the member’s scheme partner to receive a dependent surviving scheme partner’s pension on the member’s death. 1A An application must— a be made by the member giving notice in writing to the Secretary of State before leaving pensionable employment, and b be in relation to a person who has been the member’s scheme partner for a continuous period of at least two years on the member’s last day of pensionable service. . 4 In paragraph (2) for “nominated partner” substitute “scheme partner”. 5 For paragraph (3), substitute— 3 If the Secretary of State has accepted a member’s application and the member subsequently dies before the member’s scheme partner, a scheme partner entitled to a surviving scheme partner’s pension is entitled to a dependent surviving scheme partner’s pension. . 6 In paragraph (4) for “nominated partner’s” substitute “scheme partner’s”. 7 In paragraph (5) for “nominated partner’s” substitute “scheme partner’s”. 8 In paragraph (6) for “nominated partner” substitute “scheme partner”. Amendment of regulation G16 20 In regulation G16 (purchase of surviving partner’s pension in respect of service before 6th April 1988), in paragraph (5), omit sub-paragraph (b). Amendment of regulation G17 21 In regulation G17 (increased surviving partner’s pension), in paragraph (2)— a omit “, civil partner”; b for “nominated partner” substitute “surviving scheme partner”; c omit “, regulation G10”. Amendment of regulation H1 22 In regulation H1 (dependent child), in paragraph (1)— a in sub-paragraph (c) for “nominated partner” substitute “surviving scheme partner”; b for sub-paragraph (e) substitute— e a child of a member’s surviving scheme partner if the Secretary of State is satisfied that the surviving scheme partner was the member’s scheme partner before the date on which the member leaves pensionable employment; . Amendment of regulation H3 23 1 Regulation H3 (member dies in pensionable employment) is amended as follows. 2 In paragraph (4A) for “nominated partner” substitute “scheme partner”. 3 In paragraph (4B)— a for “nominated partner’s pension” substitute “surviving scheme partner’s pension”; b for “nominated partner” substitute “scheme partner”. 4 In paragraph (4C)— a for “nominated partner’s pension” substitute “surviving scheme partner’s pension”; b for “nominated partner” substitute “scheme partner”. 5 In paragraph (4D) for “nominated partner” substitute “scheme partner”. 6 In paragraph (4E) for “nominated partner” substitute “scheme partner”. Amendment of regulation H4 24 1 Regulation H4 (member dies after pension becomes payable) is amended as follows. 2 In paragraph (3) for “nominated partner” substitute “scheme partner”. 3 In paragraph (4) for “nominated partner” substitute “scheme partner”. 4 In paragraph (5)— a for “nominated partner” substitute “scheme partner”; b for “surviving nominated partner’s pension” substitute “surviving scheme partner’s pension”; 5 In paragraph (6) — a for “surviving nominated partner’s pension” substitute “surviving scheme partner’s pension”; b for “surviving nominated partner” substitute “surviving scheme partner”. 6 In paragraph (7) — a for “surviving nominated partner’s pension” substitute “surviving scheme partner’s pension”; b for “surviving nominated partner” substitute “surviving scheme partner”. Amendment of regulation H5 25 1 Regulation H5 (member dies with preserved pension) is amended as follows. 2 In paragraph (4) for “nominated partner” substitute “scheme partner”. 3 In paragraph (5) for “nominated partner” substitute “scheme partner”. 4 In paragraph (6) — a for “nominated partner” substitute “scheme partner”; b for “surviving nominated partner’s pension” substitute “surviving scheme partner’s pension”. Amendment of regulation H7 26 1 Regulation H7 (dependent child not being maintained by surviving parent or spouse or civil partner or nominated partner of a parent) is amended as follows. 2 In the heading for “nominated partner” substitute “scheme partner”. 3 In paragraph (1) for each reference to “nominated partner” substitute “scheme partner”. 4 In paragraph (2) for “nominated partner” substitute “scheme partner”. Amendment of regulation K1 27 In regulation K1 (contracting-out conditions to be overriding), in paragraph (3), for sub-paragraph (a) substitute— a “contracting-out conditions” means— i the conditions specified in section 12E of the 1993 Act; and ii the conditions or requirements that apply in respect of a member’s section 9(2B) rights; . Amendment of regulation K4 28 In regulation K4 (early leavers), in paragraph (3), for sub-paragraph (a) substitute— a a state scheme premium under section 55 of the 1993 Act or article 3 of the 2016 Order, . Amendment of regulation K7 29 1 Regulation K7 (state scheme premiums) is amended as follows. 2 For paragraph (1) substitute— 1 The Secretary of State may discharge the liability to provide any guaranteed minimum pension by paying a state scheme premium under section 55 of the 1993 Act or article 3 of the 2016 Order. . 3 In paragraph (2), for “section 55(2) of the Pension Schemes Act 1993” substitute “section 55 of the 1993 Act or article 3 of the 2016 Order”. Amendment of regulation L1 30 In regulation L1 (preserved pension), in paragraph (5), for “consistent” to the end substitute— consistent with— a the contracting-out requirements; and b the preservation requirements. . Amendment of regulation L2 31 In regulation L2 (refund of contributions), in paragraph (3), for “section 55(2) of the 1993 Act” substitute “section 55 of the 1993 Act or article 3 of the 2016 Order”. Amendment of regulation Q1 32 1 Regulation Q1 (right to buy additional service) is amended as follows. 2 Omit paragraph (5A). 3 In paragraph (5B) — a for “nominated partner’s pension” substitute “scheme partner’s pension”; b for “nominated partner” substitute “surviving scheme partner”. Amendment of regulation Q5 33 1 Regulation Q5 (paying for unreduced retirement lump sum by single payment) is amended as follows. 2 Omit paragraph (2A). 3 In paragraph (2B)— a for each reference to “nominated partner” substitute “scheme partner”; b for “nominated partner’s pension” substitute “scheme partner’s pension”. Amendment of regulation R3 34 In regulation R3 (mental health officers), in paragraph (7), in sub-paragraph (b) for “nominated partner’s pension” substitute “scheme partner’s pension”. Amendment of regulation S4 35 1 Regulation S4 (benefits on death in pensionable employment after pension under regulation E2 becomes payable) is amended as follows. 2 In paragraph (4) for each reference to “nominated partner” substitute “scheme partner”. 3 In paragraph (6)(b) for “nominated partner” substitute “scheme partner”. 4 In paragraph (10) for “nominated partner’s pension” substitute “scheme partner’s pension”. 5 In paragraph (11) for “nominated partner’s pension” substitute “scheme partner’s pension”. 6 In paragraph (12)(b) for “nominated partner pension” substitute “surviving scheme partner’s pension”. Amendment of regulation S4A 36 1 Regulation S4A (benefits on death in pensionable employment after pension under regulation E2A becomes payable) is amended as follows. 2 In paragraph (7) for each reference to “nominated partner” substitute “scheme partner”. 3 In paragraph (9)(b) for “nominated partner” substitute “scheme partner”. 4 In paragraph (12) for “nominated partner’s pension” substitute “surviving scheme partner’s pension”. 5 In paragraph (13) for “nominated partner’s pension” substitute “scheme partner’s pension”. 6 In paragraph (14) for “nominated partner’s pension” substitute “scheme partner’s pension”. 7 In paragraph (15) for “nominated partner” substitute “scheme partner”. Amendment of regulation T6 37 1 Regulation T6 (loss of rights to benefits) is amended as follows. 2 In paragraph (1A) for “nominated partner” substitute “scheme partner”. 3 After paragraph (2), insert— 3 If, on or after 1st April 2019, a member is— a charged with an offence; or b convicted of an offence, which, in the opinion of the Secretary of State, may lead to all or part of the member’s benefits being forfeited under paragraph (1), the Secretary of State may make a suspension decision in accordance with paragraphs (5) to (10) of this regulation. 4 If, on or after 1st April 2019, any of the persons referred to in sub-paragraphs (a) to (d) of paragraph (1A) are charged with, or convicted of an offence which, in the opinion of the Secretary of State, may lead to all or part of any rights to benefits or other amounts payable in respect of a member being forfeited under that paragraph, the Secretary of State may make a suspension decision in accordance with paragraphs (5), (6), and (11) to (14) of this regulation. 5 A suspension decision is a decision of the Secretary of State suspending the right to, and the payment of, all or part of any benefit or other amounts payable— a which the member is in receipt of, or becomes entitled to, b in respect of a member, under these Regulations. 6 If the Secretary of State makes a suspension decision under paragraph (3) or (4), that decision will continue to apply— a until the date of any direction made by the Secretary of State under this regulation; or b where the Secretary of State determines not to direct forfeiture under this regulation, the date of that decision. 7 Paragraph (8) applies if— a the Secretary of State makes a suspension decision under paragraph (3) in respect of a member otherwise entitled to the payment of a pension under Part E or L of these Regulations; and b the Secretary of State subsequently determines not to issue a direction under paragraph (1). 8 The Secretary of State will pay to the member described in paragraph (7) an amount equal to the total amount of the benefit payments suspended together with the interest due under regulation T8 (interest on late payment of benefits). 9 Paragraph (10) applies if— a the Secretary of State makes a suspension decision under paragraph (3) in respect of a member otherwise entitled to the payment of a pension under Part E or L of these Regulations; and b the Secretary of State subsequently directs forfeiture of an amount less than the total amount suspended. 10 The Secretary of State will pay to the member described in paragraph (9) an amount equal to the difference between the total amount of the benefit payments suspended and the amount forfeited together with the interest due under regulation T8 (interest on late payment of benefits). 11 Paragraph (12) applies if— a the Secretary of State makes a suspension decision under paragraph (4); and b the Secretary of State subsequently determines not to issue a direction under paragraph (1A) in respect of the benefits to which that decision relates. 12 The Secretary of State will pay to the person to whom paragraph (4) applies an amount equal to the total amount of the benefit payments suspended together with the interest due under regulation T8 (interest on late payment of benefits). 13 Paragraph (14) applies if— a the Secretary of State makes a suspension decision under paragraph (4); and b the Secretary of State subsequently directs forfeiture of an amount less than the total amount suspended. 14 The Secretary of State will pay to the person described in paragraph (4) an amount equal to the difference between the total amount of the benefit payments suspended and the amount forfeited together with the interest due under regulation T8 (interest on late payment of benefits). . Amendment of regulation U1A 38 In regulation U1A (determinations by medical practitioners), in paragraph (1), in sub-paragraph (b) omit “, regulation G11(2)”. Amendment of regulation U3 39 In regulation U3 (accounts and actuarial reports), in paragraph (9) before “An employing authority”, insert “If the Secretary of State so requests,”. Amendment of Schedule 2 40 1 Schedule 2 (medical and dental practitioners) is amended as follows. 2 In paragraph 3 (meaning of pensionable earnings), in sub-paragraph (2), in paragraph (e) , before “health-related functions” insert “payments made to such a person by an employing authority or a local authority in respect of”. 3 In paragraph 10 (contributions to this Section of the scheme)— a in sub-paragraph (1A) for— aa paragraph (b) substitute “(b) in respect of each scheme year from 2015-2016, table 2.”; bb the heading to table 2 substitute “Scheme Years from 2015-2016”. b in sub-paragraph (2S), for “NDPS is the number of days of dentist performer service from the date the dentist performer service commenced in the scheme year to the end of the scheme year” substitute “NDPS is the number of days of dentist performer’s service in the scheme year”. 4 Omit paragraph 16A (increased surviving civil partner’s pension). 5 In paragraph 16B (increased dependent surviving nominated partner’s pension) for the words “nominated partner’s pension” in each place they occur substitute “scheme partner’s pension”. 6 In paragraph 23 (accounts and actuarial reports) after sub-paragraph (14) insert— 14A If an employing authority, GDS or PDS contractor does not provide the statement referred to in sub-paragraph (12) in accordance with sub-paragraph 14(a), the member contributions in respect of the members of that employing authority or contractor referred to in sub-paragraphs (12)(a) to (e), will be payable at the maximum contribution percentage rate specified in column 2 of table 2 in paragraph 10(1A) of this Schedule based on estimated pensionable pay as determined by the host Board. . Amendment of Schedule 2B 41 In Schedule 2B (independent providers) , for paragraph 41 substitute— 41 If an Independent Provider fails to pay an employer contribution surcharge, that provider is liable to pay the supplementary charge and interest referred to in regulation T9 and interest is to continue to accrue on the late paid surcharge for so long as it remains unpaid and further supplementary charges may be levied in respect of it. . PART 3 Amendments to the National Health Service Pension Scheme Regulations 2008 General 42 The National Health Service Pension Scheme Regulations 2008 are amended in accordance with this Part. Amendment of regulation 2.A.1 43 1 Regulation 2.A.1 (interpretation: general) is amended as follows. 2 Omit the paragraph reference “(2)” immediately preceding the definition of “contracting-out requirements” and re-number existing paragraph (2A) as paragraph (2). 3 In paragraph (1) (following the amendments made by paragraph (2) of this regulation)— a at the appropriate place in the alphabetical order, insert— “the 2016 Order” means the Pensions Act 2014 (Contributions Equivalent Premium) (Consequential Provision) and (Savings) (Amendment) Order 2016 ; “section 9(2B) rights” has the same meaning it has in the Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015 ; ; b at the appropriate place in the alphabetical order, insert— “the health service” has the meaning given in section 275 of the 2006 Act; ; c omit the definition of “contracting-out requirements”; d for the definition of “NHS standard sub-contract” substitute— “NHS standard sub-contract” means a sub-contract that complies with the National Health Service Commissioning Board’s guidance “NHS Standard Sub-Contract for the Provision of Clinical Services 2017/18 and 2018/19 (full length and shorter-form versions) Guidance” ; ; e for the definition of “officer” substitute— “officer” means a person employed by an employing authority including a GP Registrar and a non-GP provider, but does not include— a GP performer; a dentist performer; a person engaged under a contract for services; . Amendment of regulation 2.A.2 44 In regulation 2.A.2 (meaning of “pensionable service”), in paragraph (2), in sub-paragraph (c), in paragraph (i) a for “55(2)” substitute “55”; b after “Act”, insert “or article 3 of the 2016 Order”. Amendment of regulation 2.C.2 45 In regulation 2.C.2 (contribution rate for members other than non-GP providers), in paragraph (2) , for— a “of the scheme years 2015-16 to 2018-2019 inclusive” substitute “scheme year from 2015-16”; b the heading to the table substitute “Scheme Years from 2015-16”. Amendment of regulation 2.C.4 46 In regulation 2.C.4 (contribution rate and determination of pensionable earnings for non-GP providers), in paragraph (20), for— a “in respect of the 2015-2016 to 2018-2019 scheme years, table 2” substitute “in respect of each scheme year from 2015-2016, table 2”; b the heading to table 2, substitute “Scheme Years from 2015-2016”. Amendment of regulation 2.C.5 47 In regulation 2.C.5 (contributions by employing authorities: general), in paragraph (4), for “14.3%” substitute “20.6%” . Amendment of regulation 2.C.18 48 In regulation 2.C.18 (repayment of contributions), in paragraph (3), for sub-paragraph (a) substitute— a such part of any contributions equivalent premium paid in respect of the person under section 55 of the 1993 Act or article 3 of the 2016 Order, and . Amendment of regulation 2.D.22 49 1 Regulation 2.D.22 (guaranteed minimum pensions etc ) is amended as follows. 2 In paragraph (7), in sub-paragraph (a), for “rights under section 9(2B) of the 1993 Act” substitute “the person’s section 9(2B) rights”. 3 In paragraph (8), in sub-paragraph (b), for “his rights under section 9(2B) of the 1993 Act” substitute “the person’s section 9(2B) rights”. Amendment of regulation 2.E.1 50 In regulation 2.E.1 (surviving adult dependants’ pensions), in paragraph (2), for “nominated partner” substitute “scheme partner”. Amendments of regulation 2.E.2 51 For regulation 2.E.2 (meaning of “surviving nominated partner”) substitute— Meaning of “surviving scheme partner” 2.E.2 In this Part, a person (P) is a “surviving scheme partner” if the Secretary of State is satisfied that for a continuous period of at least two years, ending with the member’s death— a the member and P were living together as if they were husband and wife or civil partners, b the member and P were not prevented from marrying or entering into a civil partnership, c the member and P were financially interdependent or P was financially dependent on the member, and d neither the member nor P were living with a third person as if they were husband and wife or as if they were civil partners. . Amendment of regulation 2.E.3 52 In regulation 2.E.3 (amount of pensions under regulation 2.E.1: active and non-contributing members), in paragraph (5) — a for “55(2)” substitute “55”; b after “Act” insert “or article 3 of the 2016 Order”. Amendment of regulation 2.E.6 53 In regulation 2.E.6 (recent leavers), in paragraph (2)— a for “55(2)” substitute “55”; b after “Act”, insert “or article 3 of the 2016 Order”. Amendment of regulation 2.E.9 54 In regulation 2.E.9 (meaning of “dependent child”), in paragraph (2)— a in sub-paragraph (d)— i for “regulation 2.E.2(1)(b)(i)” substitute “regulation 2.E.2(a) and (b)”; ii for each reference to “nominated partner” substitute “scheme partner”; b in sub-paragraph (e) for “nominated partner” substitute “scheme partner”; c in sub-paragraph (f) for “nominated partner” substitute “scheme partner”. Amendment of regulation 2.J.7 55 1 Regulation 2.J.7 (forfeiture of rights to benefits) is amended as follows. 2 In paragraph (5), in sub-paragraph (a) for “nominated partner” substitute “surviving scheme partner”. 3 after paragraph (7), insert— 8 If, on or after 1st April 2019, a member is— a charged with an offence; or b convicted of an offence, which, in the opinion of the Secretary of State, may lead to all or part of the member’s benefits being forfeited under paragraph (1), the Secretary of State may make a suspension decision in accordance with paragraphs (10) to (15) of this regulation. 9 If, on or after 1st April 2019, any of the persons referred to in sub-paragraphs (a) to (d) of paragraph (5) are charged with, or convicted of an offence which, in the opinion of the Secretary of State, may lead to all or part of any rights to benefits or other amounts payable in respect of a member being forfeited under paragraph (4), the Secretary of State may make a suspension decision in accordance with paragraphs (10), (11), and (16) to (19) of this regulation. 10 A suspension decision is a decision of the Secretary of State suspending the right to, and the payment of, all or part of any benefit or other amounts payable— a which the member is in receipt of, or becomes entitled to, b in respect of a member, under these Regulations. 11 If the Secretary of State makes a suspension decision under paragraph (8) or (9), that decision will continue to apply— a until the date of any direction made by the Secretary of State under this regulation; or b where the Secretary of State determines not to direct forfeiture under this regulation, the date of that decision. 12 Paragraph (13) applies if— a the Secretary of State makes a suspension decision under paragraph (8) in respect of a member otherwise entitled to the payment of a pension under Chapter 2.D (members’ retirement benefits) of these Regulations; and b the Secretary of State subsequently determines not to issue a direction under paragraph (1). 13 The Secretary of State will pay to the member described in paragraph (12) an amount equal to the total amount of the benefit payments suspended together with the interest due under regulation 2.J.9 (interest on late payment of benefits and refunds of contributions). 14 Paragraph (15) applies if— a the Secretary of State makes a suspension decision under paragraph (8) in respect of a member otherwise entitled to the payment of a pension under Chapter 2.D (members’ retirement benefits) of these Regulations; and b the Secretary of State subsequently directs forfeiture of an amount less than the total amount suspended. 15 The Secretary of State will pay to the member described in paragraph (14) an amount equal to the difference between the total amount of the benefit payments suspended and the amount forfeited together with the interest due under regulation 2.J.9 (interest on late payment of benefits and refunds of contributions). 16 Paragraph (17) applies if— a the Secretary of State makes a suspension decision under paragraph (9); and b the Secretary of State subsequently determines not to issue a direction under paragraph (4) in respect of the benefits to which that decision relates. 17 The Secretary of State will pay to the person to whom paragraph (9) applies an amount equal to the total amount of the benefit payments suspended together with the interest due under regulation 2.J.9 (interest on late payment of benefits and refunds of contributions). 18 Paragraph (19) applies if— a the Secretary of State makes a suspension decision under paragraph (9); and b the Secretary of State subsequently directs forfeiture of an amount less than the total amount suspended. 19 The Secretary of State will pay to the person described in paragraph (9) an amount equal to the difference between the total amount of the benefit payments suspended and the amount forfeited together with the interest due under regulation 2.J.9 (interest on late payment of benefits and refunds of contributions). . Amendment of regulation 2.J.14 56 1 Regulation 2.J.14 (employing authority and certain member record keeping and contribution estimates) is amended as follows. 2 For paragraph (2) substitute— 2 As regards a GMS or a PMS practice or an APMS contractor, in respect of each scheme year, the practice or contractor must provide the host Board with a statement of estimated pensionable earnings in respect of any non-GP provider that is a GMS or PMS practice or APMS contractor or who assists in the provision of NHS services provided by that GMS or PMS practice or an APMS contractor, at least 1 month before the beginning of that scheme year. . 3 For paragraph (12) substitute— 12 If the Secretary of State so requests, in respect of each scheme year an employing authority must, 1 month before the beginning of that scheme year, and in a manner prescribed by the Secretary of State, provide the Secretary of State with a statement of estimated total contributions due under regulations 2.C.1, 2.C.5 and 2.C.8. . Amendment of regulation 2.K.20 57 In regulation 2.K.20 (nominations and notices accepted by the Secretary of State under the 1995 Regulations to apply under Chapter 2.E of these Regulations) , in paragraph (2) omit sub-paragraph (c). Amendment of regulation 2.L.2 58 In regulation 2.L.2 (nominations and notices accepted by the Secretary of State under the 1995 Regulations and Chapter 2.E of these Regulations) , in paragraph (2) omit sub-paragraph (c). Amendment of regulation 3.A.1 59 1 Regulation 3.A.1 (interpretation of part 3: general) is amended as follows. 2 At the appropriate place in the alphabetical order insert— “the 2016 Order” means the Pensions Act 2014 (Contributions Equivalent Premium) (Consequential Provision) and (Savings) (Amendment) Order 2016 ; “section 9(2B) rights” has the same meaning it has in the Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015 ; . 3 Omit the definition of “contracting-out requirements”. 4 For the definition of “NHS standard sub-contract” substitute— “NHS standard sub-contract” means a sub-contract that complies with the National Health Service Commissioning Board’s guidance “NHS Standard Sub-Contract for the Provision of Clinical Services 2017/18 and 2018/19 (full length and shorter-form versions) Guidance” ; . 5 For the definition of “officer” substitute— “officer” means a person employed by an employing authority including a GP Registrar and a non-GP provider, but does not include— a GP performer; a dentist performer; a person engaged under a contract for services; . Amendment of regulation 3.A.3 60 In regulation 3.A.3 (meaning of “pensionable service”), in paragraph (2), in sub-paragraph (c), in paragraph (i)— a for “55(2)” substitute “55”; b after “Act”, insert “or article 3 of the 2016 Order”. Amendment of regulation 3.A.7 61 In regulation 3.A.7 (meaning of “pensionable earnings”), in paragraph (2), in sub-paragraph (e) , after “any sums paid” insert “by an employing authority or a local authority”. Amendment of regulation 3.A.13 62 1 Regulation 3.A.13 (meaning of pensionable earnings in relation to other practitioners) is amended as follows. 2 In paragraph (1), in sub-paragraph (d) , after “any sums paid” insert “by an employing authority or a local authority”. 3 In paragraph (4) , after “2006 Act” insert “pursuant to a contract with an employing authority or a local authority”. Amendment of regulation 3.C.2 63 In regulation 3.C.2 (members’ contribution rate)— a in paragraph (16) for “NDPS is the number of days of dentist performer service from the date the dentist performer service commenced in the scheme year to the end of the scheme year” substitute “NDPS is the number of days of dentist performer service in the scheme year”; b in paragraph (22) — i for sub-paragraph (b) substitute “(b) in respect of each scheme year from 2015-2016, table 2.”; ii for the heading to table 2 substitute “Scheme Years from 2015-16”. Amendment of regulation 3.C.3 64 In regulation 3.C.3 (contributions by employing authorities: general), in paragraph (5), for “14.3%” substitute “20.6%” . Amendment of regulation 3.C.16 65 In regulation 3.C.16 (repayment of contributions), in paragraph (3), for sub-paragraph (a) substitute— a such part of any contributions equivalent premium paid in respect of the person under section 55 of the 1993 Act or article 3 of the 2016 Order, and . Amendment of regulation 3.D.18 66 1 Regulation 3.D.18 (guaranteed minimum pensions etc) is amended as follows. 2 In paragraph (7) , in sub-paragraph (a) for “rights under section 9(2B) of the 1993 Act” substitute “the person’s section 9(2B) rights”. 3 In paragraph (8), in sub-paragraph (b) for “his rights under section 9(2B) of the 1993 Act” substitute “the person’s section 9(2B) rights”. Amendment of regulation 3.E.1 67 In regulation 3.E.1 (surviving adult dependants’ pensions), in paragraph (2) for “nominated partner” substitute “scheme partner”. Substitution of regulation 3.E.2 68 For regulation 3.E.2 (meaning of “surviving nominated partner”) substitute— Meaning of “surviving scheme partner” 3.E.2 In this Part, a person (P) is a “surviving scheme partner” if the Secretary of State is satisfied that for a continuous period of at least two years, ending with the member’s death— a the member and P were living together as if they were husband and wife or civil partners, b the member and P were not prevented from marrying or entering into a civil partnership, c the member and P were financially interdependent or P was financially dependent on the member, and d neither the member nor P were living with a third person as if they were husband and wife or as if they were civil partners. . Amendment of regulation 3.E.3 69 In regulation 3.E.3 (amount of pensions under regulation 3.E.1: active and non-contributing members), in paragraph (5)— a for “55(2)” substitute “55”; b after “Act”, insert “or article 3 of the 2016 Order”. Amendment of regulation 3.E.6 70 In regulation 3.E.6 (recent leavers), in paragraph (2)— a for “55(2)” substitute “55”; b after “Act”, insert “or article 3 of the 2016 Order”. Amendment of regulation 3.E.9 71 In regulation 3.E.9 (meaning of “dependent child”), in paragraph (2)— a in sub-paragraph (d)— i for “regulation 3.E.2(1)(b)(i)” substitute “regulation 3.E.2(a) and (b)”; ii for each reference to “nominated partner” substitute “scheme partner”; b in sub-paragraph (e) for “nominated partner” substitute “scheme partner”; c in sub-paragraph (f) for “nominated partner” substitute “scheme partner”. Amendment of regulation 3.J.7 72 1 Regulation 3.J.7 (forfeiture of rights to benefits) is amended as follows. 2 In paragraph (5), in sub-paragraph (a) for “nominated partner” substitute “surviving scheme partner”. 3 After paragraph (7), insert— 8 If, on or after 1st April 2019, a member is— a charged with an offence; or b convicted of an offence, which, in the opinion of the Secretary of State, may lead to all or part of the member’s benefits being forfeited under paragraph (1), the Secretary of State may make a suspension decision in accordance with paragraphs (10) to (15) of this regulation. 9 If, on or after 1st April 2019, any of the persons referred to in sub-paragraphs (a) to (d) of paragraph (5) are charged with, or convicted of an offence which, in the opinion of the Secretary of State, may lead to all or part of any rights to benefits or other amounts payable in respect of a member being forfeited under paragraph (4), the Secretary of State may make a suspension decision in accordance with paragraphs (10), (11), and (16) to (19) of this regulation. 10 A suspension decision is a decision of the Secretary of State suspending the right to, and the payment of, all or part of any benefit or other amounts payable— a which the member is in receipt of, or becomes entitled to, b in respect of a member, under these Regulations. 11 If the Secretary of State makes a suspension decision under paragraph (8) or (9), that decision will continue to apply— a until the date of any direction made by the Secretary of State under this regulation; or b where the Secretary of State determines not to direct forfeiture under this regulation, the date of that decision. 12 Paragraph (13) applies if— a the Secretary of State makes a suspension decision under paragraph (8) in respect of a member otherwise entitled to the payment of a pension under Chapter 3.D (members’ retirement benefits) of these Regulations; and b the Secretary of State subsequently determines not to issue a direction under paragraph (1). 13 The Secretary of State will pay to the member described in paragraph (12) an amount equal to the total amount of the benefit payments suspended together with the interest due under regulation 3.J.9 (interest on late payment of benefits and refunds of contributions). 14 Paragraph (15) applies if— a the Secretary of State makes a suspension decision under paragraph (8) in respect of a member otherwise entitled to the payment of a pension under Chapter 3.D (members’ retirement benefits) of these Regulations; and b the Secretary of State subsequently directs forfeiture of an amount less than the total amount suspended. 15 The Secretary of State will pay to the member described in paragraph (14) an amount equal to the difference between the total amount of the benefit payments suspended and the amount forfeited together with the interest due under regulation 3.J.9 (interest on late payment of benefits and refunds of contributions). 16 Paragraph (17) applies if— a the Secretary of State makes a suspension decision under paragraph (9); and b the Secretary of State subsequently determines not to issue a direction under paragraph (4) in respect of the benefits to which that decision relates. 17 The Secretary of State will pay to the person to whom paragraph (9) applies an amount equal to the total amount of the benefit payments suspended together with the interest due under regulation 3.J.9 (interest on late payment of benefits and refunds of contributions). 18 Paragraph (19) applies if— a the Secretary of State makes a suspension decision under paragraph (9); and b the Secretary of State subsequently directs forfeiture of an amount less than the total amount suspended. 19 The Secretary of State will pay to the person described in paragraph (9) an amount equal to the difference between the total amount of the benefit payments suspended and the amount forfeited together with the interest due under regulation 3.J.9 (interest on late payment of benefits and refunds of contributions). . Amendment of regulation 3.J.14 73 1 Regulation 3.J.14 (employing authority and certain member record keeping and contribution estimates) is amended as follows. 2 After paragraph (13) insert— 13A If a GMS or PMS practice, an APMS contractor or a GDS or PDS practice does not provide the statement referred to in paragraph (11) in accordance with paragraph 13(a), the member contributions in respect of the members of that practice or contractor referred to in paragraph 11(a) to (e), will be payable at the maximum contribution percentage rate specified in column 2 of table 2 in paragraph (22) of regulation 3.C.2 based on estimated pensionable pay as determined by the host Board. . 3 In paragraph (14)(a) before “provide the Secretary of State” insert “if the Secretary of State so requests,”. 4 In paragraph (15) for the first reference to “2 months after the end” substitute “1 month before the beginning”. Amendment of regulation 3.K.12 74 In regulation 3.K.12 (nominations and notices accepted by the Secretary of State under the 1995 Regulations to apply under Chapter 3.E of these Regulations) , in paragraph (2) omit sub-paragraph (c). Amendment of regulation 3.L.2 75 In regulation 3.L.2 (nominations and notices accepted by the Secretary of State under the 1995 Regulations and Chapter 3.E of these Regulations) , in paragraph (2) omit sub-paragraph (c). PART 4 Amendments to the National Health Service Pension Scheme Regulations 2015 General 76 The National Health Service Pension Scheme Regulations 2015 are amended in accordance with this Part. Amendment of regulation 20 77 In regulation 20 (pensionable service), in paragraph (2), in sub-paragraph (c), in paragraph (i), after “Act”, insert “or article 3 of the 2016 Order”. Amendment of regulation 30 78 In regulation 30 (members’ contributions: employees), in paragraph (3), for— a “of the scheme years 2015/16 to 2018/19” substitute “scheme year from 2015/16”; b the heading to the table substitute “Table Scheme Years from 2015/16”. Amendment of regulation 31 79 In regulation 31 (members’ contributions: practitioners and non-GP providers)— a in paragraph (3), for “of the scheme years 2015/16 to 2018/19” substitute “scheme year from 2015/16”; b in paragraph (9), for the heading to the table substitute “Table Scheme Years from 2015/16”. Amendment of regulation 33 80 In regulation 33 (contributions by employing authorities), in paragraph (1), for “14.3%” substitute “20.6%”. Amendment of regulation 37 81 In regulation 37 (members’ contributions: records and estimates), in paragraph (7), before “An employing authority” insert “If the scheme manager so requests,”. Amendment of regulation 38 82 In regulation 38 (members’ contributions: supplementary: medical practitioners and non-GP providers), in paragraph (3), in sub-paragraph (a) for “NDPS is the number of days of group D service from the date M’s service commenced in the scheme year to the end of the scheme year” substitute “NDPS is the number of days of M’s group D service in the scheme year”. Amendment of regulation 39 83 In regulation 39 (members’ contributions: supplementary: dental practitioners), in paragraph (3), in sub-paragraph (a) for “NDPS is the number of days of dental practitioner service from the date the dental practitioner service commenced in the scheme year to the end of the scheme year” substitute “NDPS is the number of days of dental practitioner service in the scheme year”. Amendment of regulation 41 84 In regulation 41 (amount of refund), in paragraph (2), in sub-paragraph (a)— a for “as is permitted pursuant to section 61” substitute “under section 55”; b after “Act”, insert “or article 3 of the 2016 Order”. Amendment of regulation 110 85 1 Regulation 110 (guaranteed minimum pension etc) is amended as follows. 2 In paragraph (8), in sub-paragraph (a) for “rights under section 9(2B) of the 1993 Act” substitute “the person’s section 9(2B) rights”. 3 In paragraph (9), in sub-paragraph (b) for “his rights under section 9(2B) of the 1993 Act” substitute “the person’s section 9(2B) rights”. Amendment of regulation 113 86 In regulation 113 (surviving adult dependant pension), in paragraph (2), for sub-paragraph (c) substitute— c a surviving scheme partner. . Substitution of regulation 114 87 For regulation 114 (surviving nominated partner) substitute— Surviving scheme partner 114 1 A person (P) is the scheme partner of a member if – a the member and P are living together as if they are husband and wife or civil partners, b the member and P are not prevented from marrying or entering a civil partnership, c the member and P are financially interdependent or P is financially dependent on the member, and d neither the member or P is living with a third person as if they are husband and wife or civil partners. 2 A person is a surviving scheme partner of a member if the Secretary of State is satisfied that for a continuous period of at least two years, ending with the member’s death, the person was the scheme partner of that member. . Amendment of regulation 115 88 In regulation 115 (amount of pension: survivor of active member), in paragraph (8), in sub-paragraph (b), in paragraph (i)— a for “55(2)” substitute “55”; b after “Act”, insert “or article 3 of the 2016 Order”. Amendment of regulation 118 89 In regulation 118 (recent leavers), in paragraph (3), in sub-paragraph (a)— a for “55(2)” substitute “55”; b after “Act”, insert “or article 3 of the 2016 Order”. Amendment of regulation 122 90 1 Regulation 122 (eligible child), paragraph (2) is amended as follows. 2 In sub-paragraph (d)— a for “nominated partner” substitute “scheme partner”; b for “regulation 114(1)(b)(i)” substitute “regulation 114(1)(a) and (d)”. 3 In sub-paragraph (e), in paragraph (ii), for “nominated partner” substitute “surviving scheme partner”. 4 In sub-paragraph (f), in paragraph (ii), for “nominated partner” substitute “surviving scheme partner”. Amendment of Schedule 3 91 1 Schedule 3 (administrative matters), in paragraph 12 (forfeiture of rights to benefits) is amended as follows. 2 In sub-paragraph (5), in paragraph (a) for “nominated partner” substitute “surviving scheme partner”. 3 After sub-paragraph (7) insert— 8 If, on or after 1st April 2019, a member is— a charged with an offence; or b convicted of an offence, which, in the opinion of the Secretary of State, may lead to all or part of the member’s benefits being forfeited under paragraph (1), the Secretary of State may make a suspension decision in accordance with paragraphs (10) to (15) of this regulation. 9 If, on or after 1st April 2019, any of the persons referred to in sub-paragraphs (a) to (d) of paragraph (5) are charged with, or convicted of an offence which, in the opinion of the Secretary of State, may lead to all or part of any rights to benefits or other amounts payable in respect of a member being forfeited under paragraph (4), the Secretary of State may make a suspension decision in accordance with paragraphs (10), (11), and (16) to (19) of this regulation. 10 A suspension decision is a decision of the Secretary of State suspending the right to, and the payment of, all or part of any benefit or other amounts payable— a which the member is in receipt of, or becomes entitled to, b in respect of a member, under these Regulations. 11 If the Secretary of State makes a suspension decision under paragraph (8) or (9), that decision will continue to apply— a until the date of any direction made by the Secretary of State under this regulation; or b where the Secretary of State determines not to direct forfeiture under this regulation, the date of that decision. 12 Paragraph (13) applies if— a the Secretary of State makes a suspension decision under paragraph (8) in respect of a member otherwise entitled to the payment of a pension under Part 5 (members’ benefits) of these Regulations; and b the Secretary of State subsequently determines not to issue a direction under paragraph (1). 13 The Secretary of State will pay to the member described in paragraph (12) an amount equal to the total amount of the benefit payments suspended together with the interest due under paragraph 9 (interest on late payment of benefits and refunds of member contributions) of Schedule 3. 14 Paragraph (15) applies if— a the Secretary of State makes a suspension decision under paragraph (8) in respect of a member otherwise entitled to the payment of a pension under Part 5 (members’ benefits) of these Regulations; and b the Secretary of State subsequently directs forfeiture of an amount less than the total amount suspended. 15 The Secretary of State will pay to the member described in paragraph (14) an amount equal to the difference between the total amount of the benefit payments suspended and the amount forfeited together with the interest due under paragraph 9 (interest on late payment of benefits and refunds of member contributions) of Schedule 3. 16 Paragraph (17) applies if— a the Secretary of State makes a suspension decision under paragraph (9); and b the Secretary of State subsequently determines not to issue a direction under paragraph (4) in respect of the benefits to which that decision relates. 17 The Secretary of State will pay to the person to whom paragraph (9) applies an amount equal to the total amount of the benefit payments suspended together with the interest due under paragraph 9 (interest on late payment of benefits and refunds of member contributions) of Schedule 3. 18 Paragraph (19) applies if— a the Secretary of State makes a suspension decision under paragraph (9); and b the Secretary of State subsequently directs forfeiture of an amount less than the total amount suspended. 19 The Secretary of State will pay to the person described in paragraph (9) an amount equal to the difference between the total amount of the benefit payments suspended and the amount forfeited together with the interest due under paragraph 9 (interest on late payment of benefits and refunds of member contributions) of Schedule 3. . Amendment of Schedule 10 92 In Schedule 10 (practitioner income), in paragraph 2 (medical practitioner), in Case 5 after “Payments” insert “made by an employing authority or a local authority”. Amendment of Schedule 12 93 1 Schedule 12 (practitioner contribution payments) is amended as follows. 2 In paragraph 4 (information to be provided to scheme manager), after sub-paragraph (4) insert— 5 If an employing authority, GDS or PDS contractor does not provide the statement referred to in sub-paragraph (1) in accordance with sub-paragraph (3)(a), the member contributions in respect of the members of that employing authority or contractor referred to in sub-paragraph (1)(a) to (e), will be payable at the maximum contribution percentage rate specified in column 2 of the table in paragraph (9) of regulation 31 based on estimated pensionable pay as determined by the host Board. . 3 In paragraph 10 (recovery of unpaid contributions), in sub-paragraph (2)(b), for “such a deduction must be to the member’s advantage and is subject to the member’s consent” substitute “such a deduction may only be made where the Secretary of State has notified the member of an intention to do so”. Amendment of Schedule 15 94 In Schedule 15 (definitions)— a after the expression “the 2013 Act” in Column 1 insert a new expression “the 2016 Order” and for the corresponding entry in Column 2 insert “means the Pensions Act 2014 (Contributions Equivalent Premium) (Consequential Provision) and (Savings) (Amendment) Order 2016 ; b for the entry in Column 2 corresponding to the expression “NHS standard sub-contract” , substitute “a sub-contract that complies with the National Health Service Commissioning Board’s guidance “NHS Standard Sub-Contract for the Provision of Clinical Services 2017/18 and 2018/19 (full length and shorter-form versions) Guidance” ; c after the expression “scheme year” in Column 1 insert a new expression “section 9(2B) rights” and for the corresponding entry in Column 2 insert “has the same meaning it has in the Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015”. PART 5 Amendments to the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 General 95 The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 are amended in accordance with this Part. Amendment of regulation 2 96 1 Regulation 2 (interpretation) is amended as follows. 2 In paragraph (1), in the definition of “dependant” , in sub-paragraph (d), for “nominated partner” substitute “scheme partner”. 3 For paragraphs (1A) to (1C) substitute— 1A A person (P) is the scheme partner of a participator if — a the participator and P are living together as if they were husband and wife or civil partners, b the participator and P are not prevented from marrying or entering into a civil partnership, c the participator and P are financially interdependent or the person is financially dependent on the contributor, and d neither the participator nor P is living with a third person as if they were husband and wife or as if they were civil partners. 1B A person is a surviving scheme partner of a participator if the Secretary of State is satisfied that for a continuous period of at least two years, ending with the participator’s death, the person was the scheme partner of that participator. . Amendment of regulation 15 97 In regulation 15 (payments by the Secretary of State), in paragraph (3), in sub-paragraphs (a) and (b) for each reference to “nominated partner” substitute “surviving scheme partner”. Amendment of Schedule 2 98 In Schedule 2 (pension sharing on divorce or nullity of marriage), in paragraph 11 (payment of lump sum on death), in sub-paragraph (2) for each reference to “nominated partner” ) substitute “surviving scheme partner”. PART 6 Amendments to the National Health Service (Injury Benefits) Regulations 1995 General 99 The National Health Service (Injury Benefits) Regulations 1995 are amended in accordance with this Part. Amendment of regulation 2 100 1 Regulation 2 (interpretation) is amended as follows. 2 At the appropriate place in the alphabetical order insert— “scheme partner” has the meaning given in regulation 2D; ; “surviving scheme partner” has the meaning given in regulation 2E; . 3 In the definition of “surviving partner” for “nominated partner” substitute “scheme partner”. New regulations 2D and 2E 101 After regulation 2C (meaning of “average remuneration”) insert— Meaning of scheme partner 2D A person (person B) is the “scheme partner” of a person to whom these regulations apply (person A) if— a person A and person B are living together as if they were husband and wife or civil partners, b person A and person B are not prevented from marrying or entering into a civil partnership, c person A and person B are financially interdependent or person B is financially dependent on person A, and d neither person A nor person B is living with a third person as if they were husband and wife or civil partners. Meaning of surviving scheme partner 2E A person (person B) is a “surviving scheme partner” of a person to whom these regulations apply (person A) if the Secretary of State is satisfied that for a continuous period of at least two years, ending with person A’s death, person B was the scheme partner of person A. Amendment of regulation 7 102 In regulation 7 (surviving partner allowances), for paragraph (3) substitute— 3 Except if paragraph (3A) applies, a surviving partner is not entitled to receive an allowance— a if the marriage took place or the civil partnership was formed after the later of the date on which— i the deceased last ceased to be employed as person to whom these Regulations apply; or ii the earning ability of the deceased was permanently reduced as a result of the injury or disease; or b if the Secretary of State is not satisfied that the deceased’s partner was the deceased’s scheme partner for a continuous period of at least two years ending with the later of the dates referred to in (a). . Amendment of regulation 8 103 In regulation 8 (child’s allowance), in paragraph (2), in sub-paragraph (c), for “nominated partner” substitute “surviving scheme partner”. Amendment of regulation 9 104 In regulation 9 (dependent relative’s allowance), in paragraph (1), in sub-paragraph (a), for “nominated partner’s” substitute “surviving scheme partner’s”. Amendment of regulation 11 105 In regulation 11 (lump sum payment on death), in paragraph (1), in sub-paragraph (b), for “nominated partner” substitute “surviving scheme partner”. PART 7 Amendments to the National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 General 106 The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 are amended in accordance with this Part. Amendment of regulation 5 107 In regulation 5 (nominations, notices and declarations), in paragraph (1), in the Table— a in column 1, omit in full— i the entry starting “A notice given for the purposes of regulation G14 of the 1995 Regulations”; ii the entry starting “A declaration made for the purpose of regulation 2.E.2 or 3.E.2 of the 2008 Regulations”; b in column 2, omit in full the entry starting “A declaration made for the purpose of regulation 114 of the 2015 Regulations.”. PART 8 Miscellaneous Option to persons detrimentally affected by these Regulations 108 1 This regulation applies in relation to any benefit which is being paid or may become payable under the regulations amended by these Regulations to or in respect of a person who— a served in an employment or office which qualified the person to participate in the benefits provided under the regulations amended by these Regulations; and b ceased to serve in that employment or office before these Regulations came into force. 2 Where, in a case to which this regulation applies, any provision of Part 2 or Part 3 of these Regulations would operate in relation to any person so as to place that person in a worse position than that person would have been if that provision had not applied, that person may elect that the provision will not apply by giving notice in accordance with paragraph (3). 3 A notice given pursuant to paragraph (2) is to be given in writing and delivered to the Secretary of State within six months of the coming into force of these Regulations or such longer period as the Secretary of State may allow. Signed by authority of the Secretary of State for Health and Social Care. Stephen Hammond Minister of State for Health, Department of Health and Social Care 27th February 2019 We consent Rebecca Harris Jeremy Quin Two of the Lords Commissioners of Her Majesty’s Treasury 28th February 2019