Public Service Pensions, England And Wales PART 1 Introductory Citation, commencement and extent 1 1 These Regulations may be cited as the National Health Service Pension Schemes (Amendment) Regulations 2023. 2 These Regulations come into force on 1st April 2023. 3 These Regulations extend to England and Wales. PART 2 Amendment of 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 K2 3 In regulation K2 (guaranteed minimum pensions) , in paragraph (2)(b), for “reduced or suspended under regulation S1 or S2 (members who return to NHS employment after becoming entitled to a pension)” substitute “reduced under regulation S2 (reduction of pension on return to NHS employment)” . Amendment of regulation R4 4 In regulation R4 (members doing more than one job), omit paragraph (8). Omission of regulation S1 5 Omit regulation S1 (suspension of pension on return to NHS employment) . Amendment of regulation S2 6 In regulation S2 (reduction of pension on return to NHS employment), in paragraph (14), for the definition of “NHS employment” substitute— “ NHS employment ” includes— employment in respect of which regulations made under section 10 of the Superannuation Act 1972, and having effect in Scotland, apply; employment to which regulations made under Article 12 of the Superannuation (Northern Ireland) Order 1972 apply and employment commencing on or before 31st March 2012 to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald) applies; and employment with an employer with whom an agreement has been made under section 235 of the 2006 Act or in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967. PART 3 Amendment of the National Health Service Pension Scheme Regulations 2015 General 7 The National Health Service Pension Scheme Regulations 2015 are amended in accordance with this Part. Amendment of regulation 19 8 In regulation 19 (restrictions on membership) , in sub-paragraph (1)(g), insert “(iv) a primary care network management company” and after “APMS contract” insert “or primary care network standard sub-contract” . Amendment of regulation 30 9 1 Regulation 30 (members’ contributions: employees) is amended as follows. 2 In paragraph (3), for “2022/23”, in both places it occurs, substitute “2023/24” . 3 In paragraph (3A), for “2022/23”, in both places it occurs, substitute “2023/24” . Amendment of regulation 31 10 1 Regulation 31 (members’ contributions: practitioners and non-GP providers) is amended as follows. 2 In paragraph (9)— a in sub-paragraph (a), for “each scheme year from 2015/16 to 2021/22, Table 1” substitute “the scheme year 2022/23, Table 1A and Table 1B as applicable” ; b in sub-paragraph (b), for “2022/23” substitute “2023/24” ; c for the heading “Table 1 Scheme Years from 2015/16 to 2021/22” substitute “Table 1A Scheme Year 2022/23 from 1st April 2022 to 30th September 2022” ; d after new Table 1A, insert— Table 1B Scheme Year 2022/23 from 1st October 2022 to 31st March 2023 Column 1 Column 2 Pensionable earnings band Contribution percentage rate Up to £13,246 5.1% £13,247 to £16,831 5.7% £16,832 to £22,878 6.1% £22,879 to £23,948 6.8% £23,949 to £28,223 7.7% £28,224 to £29,179 8.8% £29,180 to £43,805 9.8% £43,806 to £49,245 10.0% £49,246 to £56,163 11.6% £56,164 to £72,030 12.5% £72,031 and above 13.5% ; e in the heading for Table 2, for “2022/23” substitute “2023/24” . Amendment of regulation 33 11 In regulation 33 (contributions by employing authorities), in the table following paragraph (6), after both occurrences of “OOH provider”, and after “non-GP provider”, insert “or a primary care network management company” . Amendment of regulation 38 12 In regulation 38 (members’ contributions: supplementary: medical practitioners and non-GP providers) , in paragraph (2)(a), after “in accordance” insert “with” . Amendment of regulation 86 13 In regulation 86 (terms of employment improve after election), in paragraph (3), after “regulation 85(2)” insert “(a) and (b)” . Amendment of regulation 105 14 In regulation 105 (previous earnings: general), in paragraph (7), in the definition of “re-valued pensionable earnings”, after “by order” insert “(in respect of the NHS Pension Scheme 2015)” . Amendment of regulation 150 15 In regulation 150 (interpretation), in paragraph (3) insert “(e) a primary care network standard sub-contract .” . Amendment of regulation 166 16 1 Regulation 166 (medical practitioner) is amended as follows. 2 In paragraphs (4) and (5) insert a new sub-paragraph “(d) a primary care network management company.” . 3 In paragraph (7), after the first occurrence of “a Local Health Board” insert “or a primary care network management company” and after the second occurrence insert “or as a party to a primary care network standard sub-contract” . Amendment of Schedule 9 17 1 Schedule 9 (pension accounts) is amended as follows. 2 In paragraph 1 (interpretation)— a for the definition of “index adjustment” substitute— “ index adjustment ” means— in relation to the opening balance of earned pension for a scheme year (other than the opening balance of club transfer earned pension), the percentage increase or decrease in prices specified in an order (in respect of the NHS Pension Scheme 2015) made by the Treasury under section 9(2) of the 2013 Act in relation to the previous scheme year, plus 1.5%; and in relation to the opening balance of club transfer earned pension for a scheme year, the adjustment that is— equal to the adjustment that would apply to the opening balance of that amount of earned pension under the sending scheme for the previous scheme year, and applied to the opening balance of club transfer earned on the date that the order (in respect of the NHS Pension Scheme 2015) made by the Treasury under section 9(2) of the 2013 Act in relation to the previous scheme year, has effect. b in the definition of “AP index adjustment”, after “in an order”, insert “(in respect of the NHS Pension Scheme 2015)” . 3 In paragraph 3 (meaning of “ leaver index adjustment ”)— a in sub-paragraph (1), in Step 1, after “in an order”, insert “(in respect of the NHS Pension Scheme 2015)” ; b for sub-paragraph (2), substitute— 2 Subject to sub-paragraph 2A, the leaver index adjustment for an amount of club transfer accrued earned pension is— a equal to the adjustment that would apply under the sending scheme to an amount of accrued earned pension equal to the amount of club transfer accrued earned pension specified in the active member’s account at the end of the relevant last day; and b applied to the amount of club transfer earned pension at the end of the relevant last day on the date that the order (in respect of the NHS Pension Scheme 2015) made by the Treasury under section 9(2) of the 2013 Act in relation to the previous scheme year, has effect. . 4 In paragraph 4 (meaning of “ leaver AP index adjustment ”), in sub-paragraph (2)(b), after “in an order”, insert “(in respect of the NHS Pension Scheme 2015)” . Amendment of Schedule 10 18 In Schedule 10 (practitioner income) , in sub-paragraph (2) of paragraph (2) (medical practitioner), under “CASE 1” after “(c) an APMS contract;” insert “(ca) a primary care network standard sub-contract;” . Amendment of Schedule 15 19 1 Schedule 15 (definitions) is amended as follows. 2 In the appropriate place, insert the following new expressions: a “primary care network” and for the corresponding entry in Column 2 insert “a network of primary medical services contractors and other providers of services which has been approved by the National Health Service Commissioning Board, serving an identified geographical area ” ; b “primary care network management company” and for the corresponding entry in Column 2 insert “a partnership or incorporated legal entity that is a party to a primary care network standard sub-contract and under which provides services to that network that are related to the management of that network” ; and c “primary care network standard sub-contract” and for the corresponding entry in Column 2 insert “a sub-contract that complies with the National Health Service Commissioning Board’s template sub-contract, “Sub-contract for the provision of services related to the Network Contract Directed Enhanced Service 2022/23” ” . PART 4 Amendment of the National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 General 20 The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 are amended in accordance with this Part. Amendment of regulation 37 21 In regulation 37(1) (variations to lump sums for 1995 and 2008 pensioners joining new scheme) , for “and 7”, in the first place it occurs, substitute “, 7, 9 and 10” . Amendment of Schedule 1 22 In paragraph 1 of Schedule 1 (eligibility of 1995 Section pensioners to join new scheme) , at the end of the table insert— 9 a 1995 Section pensioner in receipt of a tier 2 pension under regulation E2A of the 1995 Regulations— (a) who returns to NHS employment and the first anniversary of that return is on or after 1st April 2023; and (b) whose protection period for the purposes of regulation E2C of the 1995 Regulations spans 1st April 2023 or begins on or after 1st April 2023. eligible to be an active member of the new scheme on the day after the protection period in regulation E2C(6)(b) of the 1995 Regulations ends. 10 a 1995 Section pensioner, other than a tier 2 ill-health pensioner, who does not fall within one of the Groups above. eligible to be an active member of the new scheme, or re-join the new scheme, on the first day on or after 1st April 2023 on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations. PART 5 Modifications of member contribution provisions in the National Health Service Pension Scheme Regulations 2015 General 23 The National Health Service Pension Scheme Regulations 2015 are modified in accordance with this Part. Application and expiry of modifications in this Part 24 The modifications in this Part apply only— a for the purposes of members’ contributions payable under the National Health Service Pension Scheme Regulations 2015 in respect of the scheme year 2022/23; and b until the end of 31st March 2026 . Modification of regulation 31 25 Regulation 31 (members’ contributions: practitioners and non-GP providers) is to be read as if— a in paragraph (3), for “the scheme year in question” there were substituted “each relevant period of the scheme year 2022/23 and for the scheme year 2023/24” ; b after paragraph (9), there were inserted— 9A For the purposes of this regulation, the “ relevant period of the scheme year 2022/23 ” means the period, as applicable— a beginning with 1st April 2022 and ending with 30th September 2022; b beginning with 1st October 2022 and ending with 31st March 2023. ; c in paragraph (10), at the end, there were inserted “and references to the relevant period of the scheme year 2022/23 in regulations 38 and 39 must be construed in accordance with paragraph (9A)”. Modification of regulation 38 26 Regulation 38 (members’ contributions: supplementary: medical practitioners and non-GP providers) is to be read as if— a in paragraph (2)— i in the words before sub-paragraph (a), for “a scheme year” there were substituted “each relevant period of the scheme year 2022/23” ; ii in sub-paragraph (b), after “M’s pensionable earnings for” there were inserted “each relevant period of” . b after paragraph (2), there were inserted— 2A Paragraph (3A) applies if, in respect of the scheme year 2022/23, M— a has certified M’s pensionable earnings in accordance with Part 1 of Schedule 12 and forwarded a record of the earnings to the host Board; or b was not required to certify M’s earnings in accordance with Part 1 of Schedule 12 but the host Board has the figure that represents M’s pensionable earnings for that year. ; c in paragraph (3)— i in the words before sub-paragraph (a), for “the scheme year in question” there were substituted “each relevant period of the scheme year 2022/23” ; ii for sub-paragraph (a), there were substituted— a certified or final pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23 uprated according to the formula: PE NDRP × 365 where— PE is the certified or final amount of M’s pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23; NDRP is the number of days of M’s group D service in each relevant period of the scheme year 2022/23; and ; iii in sub-paragraph (b)— aa after “received” there were inserted “for the period beginning with 1st April 2022 and ending with 30th September 2022 ” ; bb for “28.” there were substituted “28; and” . iv after sub-paragraph (b), there were inserted— c any reduced pensionable earnings M is treated as having received for the period beginning with 1st October 2022 and ending with 31st March 2023 during an absence from work in accordance with regulation 28, and the pensionable earnings to which the contribution rate is applied for each relevant period of the scheme year 2022/23 are M’s certified or final pensionable earnings from all group D sources for each relevant period. d after paragraph (3), there were inserted— 3A If paragraph (3) does not apply to M in respect of the scheme year 2022/23, M’s contributions payable for each relevant period of the scheme year 2022/23 are those specified in column 2 of the relevant table in respect of the amount of pensionable earnings referred to in column 1 of that table which corresponds to the aggregate of— a the pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23 determined by applying the formula: PE NDPS × NDRP where— PE is the certified or final amount of M’s pensionable earnings from all group D sources for the scheme year 2022/23; NDPS is the number of days of M’s group D service in the scheme year 2022/23; NDRP is the number of days of M’s group D service in each relevant period of the scheme year 2022/23, and uprated according to the formula: PE NDRP × 365 where— PE is M’s pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23 determined in accordance with this paragraph; NDRP is the number of days of M’s group D service in each relevant period of the scheme year 2022/23; and b any additional pensionable earnings M is treated as having received for the period beginning with 1st April 2022 and ending with 30th September 2022 during an absence from work in accordance with regulation 28; and c any reduced pensionable earnings M is treated as having received for the period beginning with 1st October 2022 and ending with 31st March 2023 during an absence from work in accordance with regulation 28, and the pensionable earnings to which the contribution rate is applied for each relevant period of the scheme year 2022/23 are determined by applying the formula: PE NDPS × NDRP where— PE is the certified or final amount of M’s pensionable earnings from all group D sources for the scheme year 2022/23; NDPS is the number of days of M’s group D service in the scheme year 2022/23; NDRP is the number of days of M’s group D service in each relevant period of the scheme year 2022/23. ; e in paragraph (4), in the words before sub paragraph (a), for “paragraph (3) does” there were substituted “paragraphs (3) or (3A) do” ; f in paragraph (5)— i for “paragraph (2)(a) or (b) is”, there were substituted “paragraphs (2)(a) or (b) or (2A)(a) or (b) are” ; ii after “rate” there were inserted “or rates” ; iii for “paragraph (3)” there were substituted “paragraphs (3) or (3A)” . Modification of regulation 39 27 Regulation 39 (members’ contributions: supplementary: dental practitioners) is to be read as if— a in paragraph (2)— i in the words before sub-paragraph (a), for “a scheme year” there were substituted “each relevant period of the scheme year 2022/23” ; ii in sub-paragraph (b), after “M’s pensionable earnings for” there were inserted “each relevant period of” . b after paragraph (2), there were inserted— 2A Paragraph (3A) applies if, in respect of the scheme year 2022/23, M— a has reconciled or certified M’s pensionable earnings in accordance with Part 1 of Schedule 12 and forwarded a record of those earnings to the host Board; or b was not required to reconcile or certify M’s earnings in accordance with Part 1 of Schedule 12 but the host Board has the figure that represents M’s pensionable earnings for the scheme year. ; c in paragraph (3)— i in the words before sub-paragraph (a), for “the scheme year in question” there were substituted “each relevant period of the scheme year 2022/23” ; ii for sub-paragraph (a), there were substituted— a reconciled, certified or final pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23 uprated according to the formula: PE NDRP × 365 where— PE is the reconciled, certified or final amount of the dental practitioner’s pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23; NDRP is the number of days of dental practitioner service in each relevant period of the scheme year 2022/23; and ; iii in sub-paragraph (b)— aa after “received” there were inserted “for the period beginning with 1st April 2022 and ending with 30th September 2022 ” ; bb for “28.” there were substituted “28; and” . iv after sub-paragraph (b), there were inserted— c any reduced pensionable earnings M is treated as having received for the period beginning with 1st October 2022 and ending with 31st March 2023 during an absence from work in accordance with regulation 28, and the pensionable earnings to which the contribution rate is applied for each relevant period of the scheme year 2022/23 are M’s reconciled, certified or final pensionable earnings from all group D sources for each relevant period. d after paragraph (3), there were inserted— 3A If paragraph (3) does not apply to M in respect of the scheme year 2022/23, M’s contributions payable for each relevant period of the scheme year 2022/23 are those specified in column 2 of the relevant table in respect of the amount of pensionable earnings referred to in column 1 of that table which corresponds to the aggregate of— a the pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23 determined by applying the formula: PE NDPS × NDRP where— PE is the reconciled, certified or final amount of the dental practitioner’s pensionable earnings from all group D sources for the scheme year 2022/23; NDRP is the number of days of dental practitioner service in each relevant period of the scheme year 2022/23, NDPS is the number of days of dental practitioner service in the scheme year 2022/23; and uprated according to the formula: PE NDRP × 365 where— PE is M’s pensionable earnings from all group D sources for each relevant period of the scheme year 2022/23 determined in accordance with this paragraph; NDRP is the number of days of dental practitioner service in each relevant period of the scheme year 2022/23; and b any additional pensionable earnings M is treated as having received for the period beginning with 1st April 2022 and ending with 30th September 2022 during an absence from work in accordance with regulation 28; and c any reduced pensionable earnings M is treated as having received for the period beginning with 1st October 2022 and ending with 31st March 2023 during an absence from work in accordance with regulation 28, and the pensionable earnings to which the contribution rate is applied for each relevant period of the scheme year 2022/23 are determined by applying the formula: PE NDPS × NDRP where— PE is the reconciled, certified or final amount of the dental practitioner’s pensionable earnings from all group D sources for the scheme year 2022/23; NDPS is the number of days of dental practitioner service in the scheme year 2022/23; NDRP is the number of days of dental practitioner service in each relevant period of the scheme year 2022/23. e in paragraph (4), in the words before sub paragraph (a), for “paragraph (3) does” there were substituted “paragraphs (3) or (3A) do” ; f in paragraph (5)— i for “paragraph (2)(a) or (b) is”, there were substituted “paragraphs (2)(a) or (b) or (2A)(a) or (b) are” ; ii after “rate” there were inserted “or rates” ; iii for “paragraph (3)” there were substituted “paragraphs (3) or (3A)” . Signed by authority of the Secretary of State for Health and Social Care Will Quince Minister of State, Department of Health and Social Care 8th March 2023 We consent Steve Double Scott Mann Two of the Lords Commissioners of Her Majesty’s Treasury 8th March 2023