The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014

• Citation: S.I. 2014/78
• Sections: 26

Section 1 Citation and commencement

(1) These Regulations may be cited as the National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014.

(2) Subject to paragraph (3), these Regulations come into force on 13th March 2014.

(3) This regulation and regulations 9 and 10 come into force on 20th February 2014.

Section 2 Part 2: General

The National Health Service Pension Scheme Regulations 1995 are amended in accordance with this Part.

Section 3 Amendment of regulation A2

(1) Regulation A2 (interpretation) is amended as follows.

(2) At the appropriate place in the alphabetical order, insert—

“civil partner” and “civil partnership” are to be construed in accordance with regulation A4;

“marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided;

“widow” and “widower” do not include a reference to marriage of a same sex couple;

Section 4 Insertion of regulation A4

After regulation A3 (approved Out of Hours providers), insert—

Civil partnerships and marriage of same sex couples

(A4)

(1) In these Regulations, except as provided in paragraph (5), a reference to—

(a) civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;

(b) a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.

(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.

(3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.

(4) The application of the Marriage (Same Sex Couples) Act 2013 in relation to these Regulations is modified so that—

(a) section 11(1) and (2) has effect subject to paragraphs (1) to (3); and

(b) Schedule 3 does not apply to the interpretation of these Regulations.

(5) In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 2004 .

Section 5 Amendment of regulation G9

(1) Regulation G9 (increased widower’s pension) is amended as follows.

(2) In paragraph (5) , omit sub-paragraph (a).

Section 6 Amendment of regulation G13

(1) Regulation G13 (increased surviving civil partner’s pension) is amended as follows.

(2) In paragraph (6) , omit sub-paragraph (a).

Section 7 Amendment of regulation G16

(1) Regulation G16 (purchase of surviving partner’s pension in respect of service before 6th April 1988) is amended as follows.

(2) In paragraph (3) , for sub-paragraph (a), substitute—

(a) must be made either—

(i) during the period beginning on 1st April 2008 and ending on 30th June 2009; or

(ii) during the period beginning on 13th March 2014 and ending on 31st March 2015;

Section 8 Amendment of regulation G17

(1) Regulation G17 (increased surviving partner’s pension) is amended as follows.

(2) In paragraph (1), for “If a member elects on or before 30th June 2009”, substitute “If a member makes a valid election pursuant to regulation G16(3)(a)”.

(3) In paragraph (5), for “no later than 30th June 2009”, substitute “during either of the periods specified in regulation G16(3)(a)”.

Section 9 Part 3: General

The National Health Service Pension Scheme Regulations 2008 are amended in accordance with this Part.

Section 10 Amendment of regulation 1.B.1

(1) Regulation 1.B.1 (actuarial reports and accounts) is amended as follows.

(2) After paragraph (3) , insert—

(3A) The Scheme actuary must prepare an actuarial report of the scheme at the 31st March 2012.

(3B) The Scheme actuary must send a copy of the actuarial report of the scheme to the Secretary of State and the Treasury.

(3C) Where the Secretary of State indicates to the Scheme actuary that the actuarial report referred to in paragraph (3A) is also to be used for the purposes of establishing a scheme under section 1 of the Public Service Pensions Act 2013 (“the proposed new scheme”), the Scheme actuary must prepare the report taking account of any Treasury directions given from time to time pursuant to sections 11(2) and 12(3) of that Act (including any specific requirements in those directions relating to a preliminary valuation undertaken for the purposes of setting the employer cost cap for the proposed new scheme).

Section 11 Amendment of regulation 2.A.1

(1) Regulation 2.A.1 (interpretation: general) is amended as follows.

(2) At the appropriate place in the alphabetical order, insert—

“civil partner” and “civil partnership” are to be construed in accordance with regulation 2.A.1A;

“marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided;

“widow” and “widower” do not include a reference to marriage of a same sex couple;

Section 12 Insertion of regulation 2.A.1A

After regulation 2.A.1 (interpretation: general), insert—

Civil partnerships and marriage of same sex couples

(2.A.1A)

(1) In this Part, except as provided in paragraph (5), a reference to—

(a) civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;

(b) a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.

(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.

(3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.

(4) The application of the Marriage (Same Sex Couples) Act 2013 in relation to these Regulations is modified so that—

(a) section 11(1) and (2) has effect subject to paragraphs (1) to (3); and

(b) Schedule 3 does not apply to the interpretation of this Part.

(5) In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 2004 .

Section 13 Amendment of regulation 2.F.10

(1) Regulation 2.F.10 (acceptance of transfer value payments) is amended as follows.

(2) In paragraph (5), omit “or the member’s spouse’s”.

Section 14 Amendment of regulation 3.A.1

(1) Regulation 3.A.1 (interpretation of Part 3: general) is amended as follows.

(2) At the appropriate place in the alphabetical order, insert—

“civil partner” and “civil partnership” are to be construed in accordance with regulation 3.A.1A;

“marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided;

“widow” and “widower” do not include a reference to marriage of a same sex couple;

Section 15 Insertion of regulation 3.A.1A

After regulation 3.A.1 (interpretation of Part 3: general) , insert—

Civil partnerships and marriage of same sex couples

(3.A.1A)

(1) In this Part, except as provided in paragraph (5), a reference to—

(a) civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;

(b) a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.

(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.

(3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.

(4) The application of the Marriage (Same Sex Couples) Act 2013 in relation to these Regulations is modified so that—

(a) section 11(1) and (2) has effect subject to paragraphs (1) to (3); and

(b) Schedule 3 does not apply to the interpretation of this Part.

(5) In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 2004 .

Section 16 Amendment of regulation 3.F.10

(1) Regulation 3.F.10 (acceptance of transfer value payments) is amended as follows.

(2) In paragraph (10), omit “or the member’s spouse’s”.

Section 17 Part 4: General

The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 are amended in accordance with this Part.

Section 18 Amendment of regulation 2

(1) Regulation 2 (interpretation) is amended as follows.

(2) At the appropriate place in the alphabetical order, insert—

“civil partner” and “civil partnership” are to be construed in accordance with regulation 2A;

“marriage” does not include a reference to marriage of a same sex couple unless otherwise provided;

“widow” and “widower” do not include a reference to marriage of a same sex couple;

Section 19 Insertion of regulation 2A

After regulation 2 (interpretation), insert—

Civil partnerships and marriage of same sex couples

(2A)

(1) In these Regulations, except as provided in paragraph (5), a reference to—

(a) civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;

(b) a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.

(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.

(3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.

(4) The application of the Marriage (Same Sex Couples) Act 2013 in relation to these Regulations is modified so that—

(a) section 11(1) and (2) has effect subject to paragraphs (1) to (3); and

(b) Schedule 3 does not apply to the interpretation of these Regulations.

(5) In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 2004 .

Section 20 Amendment of regulation 15

(1) Regulation 15 (payments by the Secretary of State) is amended as follows.

(2) In paragraph (3)(b)(ii) , after “spouse”, insert “, nominated partner or civil partner”.

Section 21 Part 5: General

The National Health Service (Compensation for Premature Retirement) Regulations 2002 are amended in accordance with this Part.

Section 22 Amendment of regulation 2

(1) Regulation 2 (interpretation) is amended as follows.

(2) At the appropriate place in the alphabetical order, insert—

“civil partner” and “civil partnership” are to be construed in accordance with regulation 2A;

“widow” and “widower” do not include a reference to marriage of a same sex couple;

Section 23 Insertion of regulation 2A

After regulation 2 (interpretation), insert—

Civil partnerships and marriage of same sex couples

(2A)

(1) In these Regulations, except as provided in paragraph (5), a reference to—

(a) civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;

(b) a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.

(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.

(3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.

(4) The application of the Marriage (Same Sex Couples) Act 2013 in relation to these Regulations is modified so that—

(a) section 11(1) and (2) has effect subject to paragraphs (1) to (3); and

(b) Schedule 3 does not apply to the interpretation of these Regulations.

(5) In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 2004 .

Section 24 Part 6: General

The National Health Service (Injury Benefits) Regulations 1995 are amended in accordance with this Part.

Section 25 Amendment of regulation 2

(1) Regulation 2 (interpretation) is amended as follows.

(2) At the appropriate place in the alphabetical order, insert—

“civil partner” and “civil partnership” are to be construed in accordance with regulation 2B;

“marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided;

“widow” and “widower” do not include a reference to marriage of a same sex couple;

Section 26 Insertion of regulation 2B

After regulation 2A (meaning of “practitioner”), insert—

Civil partnerships and marriage of same sex couples

(2B)

(1) In these Regulations, except as provided in paragraph (5), a reference to—

(a) civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;

(b) a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.

(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.

(3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.

(4) The application of the Marriage (Same Sex Couples) Act 2013 in relation to these Regulations is modified so that—

(a) section 11(1) and (2) has effect subject to paragraphs (1) to (3); and

(b) Schedule 3 does not apply to the interpretation of these Regulations.

(5) In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 2004 .