PENSIONS Citation and commencement 1 These regulations may be cited as the Pensions Increase (Approved Schemes) (National Health Service) Regulations 1976 and shall come into operation on 7th October 1976. Interpretation 2 1 In these regulations, unless the context otherwise requires— “ the Act of 1971 ” means the Pensions (Increase) Act 1971 as amended by sections 25 and 29 of, and schedules 6 and 8 to, the Superannuation Act 1972; “ dependant ”, in relation to a woman, means a person who is to the satisfaction of the Secretary of State wholly or mainly supported by that woman and who either has not attained the age of 17 years or is receiving full-time instruction at an educational establishment or is undergoing training for a trade, profession or vocation in such circumstances that he is required to devote the whole of his time to that training for a period of not less than two years; “ employing authority ” means an authority which is, or is deemed to be, an employing authority for the purposes of the Regulations; “ official pension ” has the meaning assigned to it by section 5(1) of the Act of 1971; “ reckonable service ”, in relation to a person, has the meaning assigned to it by the schedule to these regulations; “ regulation 75(1) optant ” means a person to whom the provisions of regulation 75(1) of the 1961 regulations or the corresponding provisions of any previous regulations, apply or applied, but does not include a person to whom payments under the aforesaid provisions were discontinued prior to 1st October 1971 by reason of his voluntarily ceasing to maintain a contract or policy of insurance described in the said provisions before the maturity date of the policy; “ superannuation scheme ” means the Federated Superannuation System for Universities, the Federated Superannuation Scheme for Nurses and Hospital Officers, the arrangements which apply or applied to a regulation 75(1) optant and any other scheme approved by the Minister for the Civil Service for the purposes of section 13(2)(b) of the Act of 1971; “ superannuation under the Regulations ”, in relation to a person, means entitled to participate in the superannuation benefits provided by the Regulations (other than regulations 43, 45 and 75 of the 1961 regulations or the corresponding provisions of any previous regulations); “ the compensation regulations ” means the National Health Service (Compensation) Regulations 1974 ; and any reference to the compensation regulations shall include a reference to the National Health Service (Transfer of Officers and Compensation) Regulations 1948 , as amended , and the compensation provisions of any order made under section 11(9) of the National Health Service Act 1946; and any reference to a numbered regulation in the compensation regulations shall include a reference to the corresponding regulation in the said regulations of 1948 or the corresponding provision in any such order; “ the previous regulations ” means any regulations made prior to 25th July 1961 under section 67(1) of the National Health Service Act 1946; “ the Regulations ”, in relation to any person, means the 1961 regulations or such previous regulations as were in force at the date on which that person satisfied the requirements which would qualify a person for a pension under the Regulations; “ the 1961 regulations ” means the National Health Service (Superannuation) Regulations 1961 , as amended ; “ the retirement regulations ” means the National Health Service Reorganisation (Retirement of Senior Officers) Regulations 1974 , as amended ; and “ the Secretary of State ” means the Secretary of State for Social Services. 2 Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except insofar as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument which may re-enact or replace it. 3 The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of an Act of Parliament. Application of these regulations 3 These regulations shall apply for the payment to persons described in regulation 4 hereof of the amounts described in regulation 6. Persons to whom these regulations apply 4 1 These regulations shall apply to any person who has attained age 70 or ceased to be employed by an employing authority; and a immediately before attaining that age or ceasing to be so employed— i was in that employment subject to a superannuation scheme; and ii had completed the minimum period of reckonable service and had satisfied any other requirements which would qualify a person for a pension under the Regulations either— A immediately upon ceasing such employment; or B subsequently upon reaching such age as is specified in the Regulations; and b unless he is or was a regulation 75(1) optant has received or has become entitled to receive payment of any retirement benefit under a superannuation scheme; and c either— i has attained the age of 55 years and, in the case of a person to whom paragraph (1)(a)(ii)(B) of this regulation applies, has attained the specified age; or ii has retired on account of physical or mental infirmity, or has satisfied the Secretary of State that he is disabled by physical or mental infirmity; or iii is a woman who has at least one dependant. 2 Notwithstanding the provisions of paragraph (1) of this regulation, in the case of a person to whom paragraph (1)(a)(ii)(B) of this regulation applies who, within 12 months of ceasing to be employed by an employing authority, or as a regulation 75(1) optant, enters into any of the employments specified in paragraph 2 of the schedule to these regulations in respect of which the requirements of paragraph 3(a) of that schedule have been fulfilled, these regulations insofar as they apply to a person who has not attained age 70 shall apply only in respect of any further termination of employment under an employing authority and not in respect of any previous termination. Notional pension and lump sum 5 1 There shall be ascribed to each person to whom these regulations apply a notional pension calculated on the same basis as a pension would have been calculated if he had been superannuable under the Regulations in respect of his reckonable service. 2 If the Secretary of State is unable to establish the amount of a person's remuneration, the remuneration to be taken into account in calculating the notional pension of that person shall be such amount as the Secretary of State may consider equitable having regard to all the relevant circumstances of the person's employment during the period of his reckonable service. 3 Where a person is receiving an official pension, the notional pension shall be reduced by an amount determined by the Secretary of State as representing that part of the official pension which is referable to his reckonable service. 4 Where the amount of a notional pension ascribed to any person does not exceed £26 a year, these regulations shall not apply to him unless he is receiving an official pension payable by the Secretary of State. 5 In calculating a notional pension in respect of a person to whom a notional pension was ascribed under the Pensions Increase (Approved Schemes) (National Health Service) Regulations 1968 , as amended , any fraction of a pound shall be treated as a whole pound. 6 Notwithstanding the provisions of paragraph (1) of this regulation, the notional pension ascribed to a person under the Pensions Increase (Approved Schemes) (National Health Service) Regulations 1972 prior to the coming into operation of these regulations shall be his notional pension for the purposes of these regulations. 7 Where a person to whom these regulations apply leaves employment in circumstances in which, if the Regulations had applied, he would have been awarded a lump sum retiring allowance which he would not have become entitled to receive until he— a attained such age as is specified in the Regulations; or b became permanently incapacitated before attaining that age, a notional lump sum retiring allowance equal to 3 times the annual amount of the notional pension shall be ascribed to him. Payments of benefits equivalent to statutory pension increases 6 The Secretary of State shall, in respect of any period beginning on or after 1st March 1975 in relation to a regulation 75(1) optant or 1st December 1974 in relation to any other person, pay to a person to whom these regulations apply amounts equal to the benefits which would have been conferred on him by the Act of 1971 if— a he had been eligible under the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 for a pension of the same amount as his notional pension as calculated under paragraphs (1) to (6) of regulation 5 of these regulations, or a lump sum of the same amount as his notional lump sum retiring allowance as calculated under paragraph (7) of regulation 5 of these regulations, or both such pension and lump sum, as the case may be, beginning on the day after the last day of his reckonable service excluding any period specified in paragraph 1(c) of the schedule to these regulations; and b any allowance which, but for the Act of 1971, would have been paid to him under the Pensions Increase (Approved Schemes) (National Health Service) Regulations 1968, as amended, were a relevant increase within the meaning of section 6(10) of that Act. Revocation 7 The Pensions Increase (Approved Schemes) (National Health Service) Regulations 1972 are hereby revoked with effect from 1st December 1974. David Ennals Secretary of State for Social Services 3rd September 1976 Approval of the Minister for the Civil Service given under his Official Seal on 6th September 1976. K.H. McNeill Authorised by the Minister for the Civil Service