NATIONAL HEALTH SERVICE, ENGLAND AND WALES Citation and commencement 1 These Regulations may be cited as the National Health Service Pension Scheme (Amendment) Regulations 1998 and shall come into force on 1st April 1998. Amendment of the National Health Service Pension Scheme Regulations 1995 2 The National Health Service Pension Scheme Regulations 1995 shall be amended in accordance with regulations 3 to 12 below. Amendment of regulation A2 3 In regulation A2 (interpretation)— a after the definition of “1977 Act” insert the following definition— “ 1997 Act ” means the National Health Service (Primary Care) Act 1997 ; b in the definition of “employing authority”— i in sub-paragraph (d) delete “and” where it last appears; ii in sub-paragraph (e) after “staff” delete “;” and insert “, and”; iii after sub-paragraph (e) insert the following sub-paragraph— f a person who is providing piloted services; ; c after the definition of “health service scheme” insert the following definition— “medical list” means a list prepared in accordance with regulations made under section 29(2)(a) of the 1977 Act; ; d after the definition of “mental health officer” insert the following definition— “ NHS employee” has the meaning given in section 2(3) of the 1997 Act; ; e in sub-paragraph (a) of the definition of “occupational pension scheme” for “Chapter IV ” substitute “Chapter I”; f after the definition of “personal pension scheme” insert the following definitions— “pilot scheme” has the meaning given in section 1(1) of the 1997 Act; “pilot scheme employee” has the meaning given in section 2(3) of the 1997 Act; “piloted services” has the meaning given in section 1(4) of the 1997 Act; Amendment of regulation E2 4 In paragraph (10) of regulation E2 (early retirement pension (ill-health)) delete from “or” to “regulation E6)”. Amendment of regulation E3 5 After paragraph (3) of regulation E3 (early retirement pension (redundancy etc. )) insert the following paragraph— 4 This regulation shall not apply to a member who is providing piloted services under a pilot scheme. . Amendment of regulation E4 6 After paragraph (3) of regulation E4 (early retirement pension (employer’s consent)) insert the following paragraph— 4 This regulation shall not apply to a member who is providing piloted services under a pilot scheme. . Amendment of regulation L4 7 After paragraph (7) of regulation L4 (early leavers returning to pensionable employment) insert the following paragraph— 7A Practice staff who were employed by a registered medical practitioner on both 31st August 1997 and 1st September 1997 and who— a had previously been compulsorily transferred from employment with a body referred to in paragraph (a), (b), (c) or (d) of the definition of “employing authority” in regulation A2, to employment with a registered medical practitioner referred to in paragraph (e) of that definition; b were at the time of the transfer paying for additional benefits by regular additional contributions under regulation Q6; and c rejoined the scheme with effect from 1st September 1997; may resume payment of those additional contributions at such percentage rate, of current pensionable pay as applied prior to that transfer above, provided that payment of those contributions is resumed with effect from 1st September 1997. . Amendment of regulation Q1 8 1 In paragraph (6) of regulation Q1 (right to buy additional service) insert the words “or, in the case of a special class officer, age 55” after words “age 60” in each place where those words appear. 2 After the table in paragraph (6) of regulation Q1 insert the following paragraphs— 6A A member who i joined the scheme on or after 17th March 1987; ii has made an application prior to 1st September 1997 to buy additional service; and iii does not commence making payments under regulation Q6 until on or after 1st September 1997, may, until no later than 31st August 1998, elect that paragraph (6) shall cease to apply to him. 6B Paragraph (6) shall cease to apply to a member who i joined the scheme on or after 17th March 1987; ii makes an application on or after 1st September 1997 to buy additional service; and iii commences payments under regulation Q6 on or after 1st September 1997. . Amendment of Part R 9 In Part R (special provisions for certain members)— a in regulation R4 (members doing more than one job)— i for paragraph (1) substitute the following new paragraph: 1 This regulation applies to members in NHS employment— a with more than one employing authority; b who hold, under one employing authority, two or more separate employments; or c to whom paragraph (10A) below applies. ; ii in paragraph (10), delete the words “In calculating” and insert the words “Subject to paragraph (10A), in calculating”; iii after paragraph (10), insert the following paragraphs: 10A A member who becomes entitled to a pension under regulation E3, and has terminated concurrent employment as a practitioner not more than 12 months before the date on which he becomes entitled to that pension, shall not be entitled to receive a pension under regulation E3 in respect of any employment as a practitioner, but shall be entitled only to receive a pension under regulation E1 or E5, or a preserved pension under regulation L1, in respect of such employments. 10B Where paragraph (10A) applies, the member may, in respect of any service as an officer which has terminated and to which paragraph 9(1), (6) or (9) of Schedule 2 applies, elect for that paragraph not to apply and instead to receive a pension under regulation E3 in respect of that service. ; b in paragraph (1)(b) of regulation R8 (former members of health service schemes) for “National Health Service (Isle of Man) Act 1984” substitute “Superannuation Act 1984”; c after regulation R10 add the following regulation— Participators in pilot schemes R11 For the purposes of these Regulations for the duration of any pilot scheme— a a registered medical practitioner— i whose name appears on a medical list prior to the commencement of a pilot scheme, or who, prior to the commencement of the pilot scheme, was an assistant practitioner; and ii who is involved in the operation of a pilot scheme whether as a person providing piloted services under a pilot scheme, or as a pilot scheme employee; shall be treated as a practitioner employed by the relevant Health Authority; b a registered medical practitioner whose name does not appear on a medical list prior to the commencement of a pilot scheme, other than an assistant practitioner, shall be treated i as a practitioner employed by the relevant Health Authority if he provides piloted services under a pilot scheme; or ii as an officer employed by the provider of the piloted services if he is a pilot scheme employee; c a person who is providing piloted services shall be liable to pay contributions under regulation D2 in respect of a member who is employed by him as a pilot scheme employee, d a member who, prior to the commencement of a pilot scheme— i was employed as a NHS employee; or ii was employed as a pilot scheme employee, and is not a registered medical practitioner; and who, after the commencement of the pilot scheme, is providing piloted services under a pilot scheme, shall be treated as a whole-time officer employed by the relevant Health Authority; e pilot scheme employees, who are employed otherwise than by a National Health Service trust which is providing piloted services, and to whom paragraph (a) or (b) (ii) does not apply, shall be treated for the purposes of these Regulations as if they were practice staff; and f in this regulation— i “assistant practitioner” has the meaning given in paragraph 1 of Schedule 2 to these Regulations; ii “relevant Health Authority” means the Health Authority which has made an agreement with a person for that person to provide piloted services in the Health Authority’s area. . Amendment of regulation S1 10 In paragraph (5)(a) of regulation S1 (suspension of pension on return to NHS employment), for “National Health Service (Isle of Man) Act 1984” substitute “Superannuation Act 1984 .” Amendment of regulation S2 11 1 In paragraph (1) of regulation S2 (reduction of pension on return to NHS employment) for the word “This” substitute the words “Subject to paragraph (15), this”. 2 After paragraph (14) of that regulation add the following paragraph— 15 This regulation shall not apply to practice staff in respect of whom a pension is payable under any of regulations E1 to E5 and L1 who were employed by a registered medical practitioner on both 31st August 1997 and 1st September 1997 and who— a were ineligible to rejoin the scheme with effect from 1st September 1997; or b made an election not to rejoin the scheme with effect from that date and who do not cancel that election. . Amendment of Schedule 2 12 1 In paragraph 3 of Schedule 2 (medical and dental practitioners—meaning of “pensionable earnings”) in sub-paragraph (1)(b) before the word “the” where that word first appears insert the words “in the case of a dental practitioner,”. 2 In paragraph 6 of that Schedule (meaning of “pensionable earnings” in relation to other practitioners)— a before the word “In” insert “—(1)”; b after the word “overtime.” insert the following paragraph— 2 In the case of — a a practitioner providing piloted services, “pensionable earnings” means all fees and other regular payments paid to the practitioner in respect of the provision of piloted services, but does not include bonuses or payments made to cover expenses or for overtime; b a practitioner employed as a pilot scheme employee, “pensionable earnings” means all salary or wages paid to the practitioner in respect of employment as a practitioner, but does not include bonuses or payments made to cover expenses or for overtime. . 3 In paragraph 19 of that Schedule (members absent from work) after sub-paragraph (5) insert the following sub-paragraphs— 6 For the purposes of these Regulations for the duration of any pilot scheme— a a member who is providing piloted services under a pilot scheme and who is absent from work by reason of illness or injury shall be treated as a practitioner whether or not his name is included on a medical list prior to the commencement of the pilot scheme; and b a member who is a pilot scheme employee and who is absent from work by reason of illness or injury shall be treated as an officer whether or not his name is included on a medical list prior to the commencement of the pilot scheme. . Signed by authority of the Secretary of State for Health Alan Milburn Minister of State, Department of Health 10th March 1998 We consent to the making of these Regulations Jon Owen Jones Graham Allen Lords Commissioners of Her Majesty’s Treasury 10th March 1998