The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016

• Citation: S.I. 2016/245
• Sections: 105

Section 1 Citation, commencement, effect and extent

(1) These Regulations may be cited as the National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016.

(2) Unless otherwise specified in paragraphs (3) to (8), these Regulations come into force on 1st April 2016 and have effect from that date.

(3) Regulations 7, 8, 9, 12, 15, 16, 28, 30, 34, 36, 48, 50, 54, 56, 68, 69, 70(3) and 84(3) come into force on 6th April 2016 and have effect from that date.

(4) Regulation 13 has effect from 1st April 2008.

(5) Regulation 99(2) and (3) has effect from 1st April 2009.

(6) Regulations 25 and 45 have effect from 1st April 2013.

(7) Regulations 3(d) insofar as it inserts a definition of “shared parental leave”, 11, 18(3)(b) and (5), 21(e) insofar as it inserts a definition of “shared parental leave”, 22, 23, 26, 29, 39(e) insofar as it inserts a definition of “shared parental leave”, 40, 41(3) and (4), 42, 46, 49, 57, 59, 60, 65, 87(4)(a) and (b), 88 and 89(c) insofar as it inserts a definition of “shared parental leave” have effect from 31st December 2014.

(8) Regulations 4, 5, 6, 14, 24, 33, 44, 53, 64, 66, 67, 70(2), 71, 72, 73, 80, 81(2), 84(2), 85, 86, 91 to 96 and 98 have effect from 1st April 2015.

(9) These Regulations extend to England and Wales.

Section 2 General

The National Health Service Pension Scheme Regulations 1995 are amended as follows.

Section 3 Amendment of regulation A2

In regulation A2 (interpretation)—

(a) for the definition of “buy-out policy”, substitute—

“buy-out policy” means a policy of insurance or annuity contract that is appropriate for the purposes of section 19 of the 1993 Act and satisfies any requirement of Her Majesty’s Revenue and Customs: and “buy-out” shall be construed accordingly;

(b) for the definition of “cash equivalent”, substitute—

“cash equivalent” is to be construed in accordance with Chapter 1 of Part 4ZA of the 1993 Act;

(c) for the definition of “practice staff”, substitute—

“practice staff” means a person who is not a registered medical practitioner, a GP registrar or a non-GP provider and who is employed by a GMS practice, a PMS practice, an APMS contractor or an OOH Provider to assist in the provision of any of the following—

OOH services or services that practice or provider provides pursuant to a GMS contract, PMS agreement or an APMS contract;

services pursuant to an NHS standard contract;

services pursuant to an NHS standard sub-contract;

clinical health care services for the NHS commissioned by an employing authority that is not a GMS practice, a PMS practice, an APMS contractor, an OOH provider or an Independent Provider;

(d) at the appropriate place in the alphabetical order, insert—

“contracted-out employment” has the meaning given in section 8 of the 1993 Act;

“NHS standard sub-contract” means a sub-contract that complies with the Department of Health guidance “NHS Standard Sub-Contract for the Provision of Clinical Services 2015/16” ;

“shared parental leave” has the meaning given in regulation 3(1) of the Shared Parental Leave Regulations 2014 ;

(e) omit the definitions of “safeguarded percentage” and “safeguarded rights”.

Section 4 Amendment of regulation B1

In sub-paragraph (b) of paragraph (3B) of regulation B1 (membership of this Section of the scheme), for “(8V)” substitute “(8U)”.

Section 5 Amendment of regulation B3

(1) Regulation B3 (restriction on further participation in this Section of the scheme) is amended as follows.

(2) For sub-paragraphs (a) and (b) of paragraph (8H), substitute—

(a) is in pensionable employment on 31st March 2015,

(b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply, or

(c) is permitted to join this Section of the scheme by virtue of regulation B2(3).

(3) For paragraph (8L), substitute—

(8L) A person who, on 1st April 2012, has attained the age of 46 years and 7 months but has not attained the age of 50, may not contribute to or accrue further pensionable service under this Section of the scheme unless one of paragraphs (8J), (8M) or (8N) applies to that person and that person—

(a) is in pensionable employment on 31st March 2015,

(b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply, or

(c) is permitted to join this Section of the scheme by virtue of regulation B2(3).

Section 6 Amendment of regulation D2

In paragraph (8) of regulation D2 (contributions by employing authorities), for “purposes of paragraph (3)” substitute “purposes of paragraph (3) or (3A)”.

Section 7 Amendment of regulation K1

For sub-paragraph (c) of paragraph (2) of regulation K1 (contracting-out conditions to be overriding), substitute—

(c) if a pension is forfeited for the reasons specified in paragraph (1)(b) or (c) or paragraph (1A) of regulation T6.

Section 8 Amendment of regulation K4

(1) Regulation K4 (early leavers) is amended as follows.

(2) For paragraph (1), substitute—

(1) This paragraph applies if a member who is under guaranteed minimum pension age either—

(a) leaves contracted-out employment under this Section of the scheme before 6th April 2016, or

(b) was in contracted-out employment under this Section of the scheme on 5th April 2016 but leaves pensionable employment on, or after, 6th April 2016.

This is subject to paragraph (2).

(1A) Where paragraph (1) applies the member’s guaranteed minimum pension at the date of leaving will be increased, when the member reaches guaranteed minimum pension age or dies (if earlier), by the appropriate percentage specified in relation to each relevant year in the last order under section 148 of the Social Security Administration Act 1992 (revaluation of earnings factors) to come into force before the tax year in which the member reaches guaranteed minimum pension age or dies (if earlier).

(3) In paragraph (3), for “If a member returns to contracted-out employment under this Section of the scheme within 6 months after leaving, the two periods of contracted-out” substitute “If a member to whom paragraph (1) applies returns to pensionable employment under this Section of the scheme within 6 months after leaving, the two periods of”.

Section 9 Amendment of regulation K5

(1) For paragraph (1) of regulation K5 (guaranteed minimum pensions transferred to this Section of the scheme), substitute—

(1) This paragraph applies where a guaranteed minimum pension has been transferred to this Section of the scheme and the member—

(a) subsequently leaves contracted-out employment under this Section of the scheme before 6 April 2016, or

(b) was in contracted-out employment under this Section of the scheme on 5th April 2016 but leaves pensionable employment on, or after, 6th April 2016.

(1A) Where paragraph (1) applies, the guaranteed minimum pension transferred to this Section of the scheme will be increased for each complete tax year after the date of leaving under this Section of the scheme in which the transferred guaranteed minimum pension accrued, until the member reaches guaranteed minimum pension age or dies (if earlier).

Section 10 Amendment of regulation M1

(1) Regulation M1 (member’s right to transfer or buy out) is amended as follows.

(2) For sub-paragraphs (a) and (b) of paragraph (2) , substitute—

(a) to purchase one or more buy-out policies from one or more insurance companies chosen by the member that satisfies the requirements set out in regulation 12(2) of the Occupational Pension Schemes (Transfer Values) Regulations 1996;

(b) to acquire rights under a personal pension scheme or another occupational pension scheme;

(3) After paragraph (2), insert—

(2A) Any use of the cash equivalent of a member’s rights under paragraph (2) must satisfy the requirements of Chapter 1 of Part 4ZA of the 1993 Act.

Section 11 Amendment of regulation P1

In paragraphs (1) and (4)(b) of regulation P1 (absence because of illness or injury or certain types of leave) , for “or parental leave” substitute “, parental leave or shared parental leave”.

Section 12 Amendment of regulation Q1

For paragraph (9) of regulation Q1 (right to buy additional service), substitute—

(9) Where a member, following a break in pensionable employment in respect of which he received a refund of contributions which has not been repaid, rejoins this Section of the scheme, he may buy all or any part of the previous pensionable service up to, and including, 5th April 2016 provided that the employment giving rise to that service was not contracted-out employment.

Section 13 Amendment of regulation Q9

In sub-paragraph (a) of paragraph (1) of regulation Q9 (effect of member being absent or leaving and rejoining this Section of the scheme during the contribution option period), for “regulation P1(2)” substitute “regulation P1(1)”.

Section 14 Amendment of regulation R8

For sub-paragraph (b) of paragraph (8) of regulation R8 (former members of health service schemes), substitute—

(b) on the day the member becomes an active member of the 2015 Scheme either—

(i) paragraph 2 of Schedule 7 to the 2013 Act, or

(ii) paragraph 2 of Schedule 7 to the Public Service Pensions Act (Northern Ireland) 2014 ,

applies to the period of service in respect of which that transfer value payment is made.

Section 15 Amendment to regulation T6

For paragraph (2) of regulation T6 (loss of rights to benefits), substitute—

(2) A guaranteed minimum pension may be forfeited only if paragraph (1)(b) or (c) or paragraph (1A) applies.

Section 16 Amendment of regulation T7

For sub-paragraph (a) of paragraph (3) of regulation T7 (commutation of trivial pensions), substitute—

(a) the preservation requirements; and

Section 17 Amendment of regulation U3

In sub-paragraphs (c) and (d) of paragraph (3) of regulation U3 (accounts and actuarial reports), for “D2(1)” substitute “D2”.

Section 18 Amendment of Schedule 2

(1) Schedule 2 (medical and dental practitioners) is amended as follows.

(2) In the definition of “locum practitioner” in paragraph 1 (additional definitions used in this Schedule), after “provision of” insert “services pursuant to an NHS standard contract or an NHS standard sub-contract,”.

(3) In paragraph 3 (meaning of “pensionable earnings”)—

(a) in paragraph (a)(i) of sub-paragraph (2), after “NHS standard contract” insert “, an NHS standard sub-contract where the party to the NHS standard contract in question is an employing authority”;

(b) in sub-paragraphs (2B)(a)(ii) and (2C)(b) , after “parental leave” insert “, shared parental leave”.

(4) In paragraph 6 (meaning of “pensionable earnings” in relation to other practitioners)—

(a) in paragraph (a) of sub-paragraph (1) after “an NHS standard contract” insert “, an NHS standard sub-contract where the party to the NHS standard contract in question is an employing authority”;

(b) in sub-paragraph (4)—

(i) in paragraph (g), after “an NHS standard contract” insert “, an NHS standard sub-contract where the party to the NHS standard contract in question is an employing authority”;

(ii) omit paragraph (h).

(5) In paragraph (c) of sub-paragraph (5) and paragraph (e) of sub-paragraph (6) of paragraph 23 (accounts and actuarial reports) , after “parental leave payments” insert “, shared parental leave payments”.

Section 19 Amendment of Schedule 2B

(1) Schedule 2B (independent providers) is amended as follows.

(2) For paragraphs 16 to 18, substitute—

(16) An approval application may nominate a date (“the nominated date”) from which approval by the Secretary of State (if granted) is to have effect.

(17) Where paragraph 16 applies and—

(a) the Secretary of State is satisfied that the Independent Provider will satisfy the conditions in paragraph 15 at the nominated date,

(b) the Secretary of State accepts the nominated date for approval purposes, and

(c) the nominated date is later than the date on which the Secretary of State approves the application,

approval takes effect from the nominated date.

(17A) Where paragraph 16 applies and—

(a) the Secretary of State is satisfied that the Independent Provider did satisfy the conditions in paragraph 15 at the nominated date,

(b) the Secretary of State accepts the nominated date for approval purposes,

(c) the nominated date is earlier than the date on which the Secretary of State approves the application, and

(d) the Secretary of State has received the contributions referred to in paragraphs (iv) and (v) of sub-paragraph (h) of paragraph 15,

approval takes effect from the nominated date.

(18) Where an approval application—

(a) does not include a nominated date, or

(b) does include such a date, but which the Secretary of State does not accept for approval purposes,

approval takes effect from the date that it is granted by the Secretary of State.

(3) After sub-paragraph (a) of paragraph 52, insert—

(ab) a complete list of such of the contracts referred to in paragraph (a) which the Independent Provider has sub-contracted by way of NHS standard sub-contract to a third party: that list must identify the third party and also specify the total gross amounts expressed to be payable under such sub-contracts to that third party;

Section 20 General

The National Health Service Pension Scheme Regulations 2008 are amended as follows.

Section 21 Amendment of regulation 2.A.1

In regulation 2.A.1 (interpretation: general)—

(a) for the definition of “buy-out policy”, substitute—

“buy-out policy” means a policy of insurance or annuity contract that is appropriate for the purposes of section 19 of the 1993 Act and satisfies any requirement of Her Majesty’s Revenue and Customs: and “buy-out” shall be construed accordingly;

(b) for the definition of “cash equivalent”, substitute—

“cash equivalent” is to be construed in accordance with Chapter 1 of Part 4ZA of the 1993 Act;

(c) for the definition of “practice staff”, substitute—

“practice staff” means a person who is not a registered medical practitioner, a GP registrar or a non-GP provider and who is employed by a GMS practice, a PMS practice, an APMS contractor or an OOH Provider to assist in the provision of any of the following—

OOH services or services that practice or provider provides pursuant to a GMS contract, PMS agreement or an APMS contract;

services pursuant to an NHS standard contract;

services pursuant to an NHS standard sub-contract;

clinical health care services for the NHS commissioned by an employing authority that is not a GMS practice, a PMS practice, an APMS contractor, an OOH provider or an Independent Provider;

(d) omit the definitions of “safeguarded percentage” and “safeguarded rights”;

(e) at the appropriate place in the alphabetical order, insert—

“NHS standard sub-contract” means a sub-contract that complies with the Department of Health guidance “NHS Standard Sub-Contract for the Provision of Clinical Services 2015/16” ;

“shared parental leave” has the meaning given in regulation 3(1) of the Shared Parental Leave Regulations 2014 ;

Section 22 Amendment of regulation 2.A.4

(1) Regulation 2.A.4 (pensionable service: breaks in service) is amended as follows.

(2) In sub-paragraph (e) of paragraph (1), after “leave” insert “or shared parental leave”.

(3) In sub-paragraph (e) of paragraph (7), after “leave” insert “or shared parental leave”.

Section 23 Amendment of regulation 2.A.9

In sub-paragraph (e) of paragraph (1) of regulation 2.A.9 (pensionable pay: breaks in service), after “leave” insert “or shared parental leave”.

Section 24 Amendment of regulation 2.B.2

(1) Regulation 2.B.2 (restrictions on eligibility: general) is amended as follows.

(2) After paragraph (1L), insert—

(1LA) Paragraph (1LE) applies to a person if—

(a) paragraph (1LB) is satisfied, and

(b) that person’s employment was originally transferred out of the public sector (whether or not the employment from which that person is being transferred for the purposes of paragraph (1LB) to (1LF) is in the public sector).

(1LB) This paragraph is satisfied if, in the opinion of the Secretary of State—

(a) the person’s employment is transferred to an employing authority by virtue of—

(i) a transfer of undertakings, or

(ii) arrangements equivalent to a transfer of undertakings; and

(b) the employment from which the person is transferred—

(i) qualified that person for benefits under an occupational pension scheme, and

(ii) the rules of that scheme (in the opinion of the Secretary of State) entitle that person to receive benefits on retirement upon attaining the age of 65 years.

(1LC) The reference in paragraph (1LB) to arrangements equivalent to a transfer of undertakings is to arrangements—

(a) which the Secretary of State considers to be equivalent to the transfer of an undertaking, and

(b) under which the parties to the arrangements have agreed that the rights of a person whose employment is being transferred should, as far as practicable, be treated in the same way as they would have been under a transfer of an undertaking.

(1LD) For the purposes of paragraph (1LB)(b)(ii), a person is not to be treated as being entitled under the rules of a pension scheme to receive benefits upon, or prior to, attaining the age of 65 years, where such entitlement arises by virtue of any scheme rule making special provision—

(a) as to early retirement on the grounds of ill health, redundancy or otherwise, or

(b) for benefits to be reduced for early payment.

(1LE) The Secretary of State may permit a person referred to in paragraph (1LA) who would otherwise not be permitted to join this Section of the Scheme in accordance with regulation 2.B.1 to do so and, for the purposes of paragraphs (1C) to (1G), the member’s previous service as an active member under the occupational pension scheme referred to in paragraph (1LB)(b)(i) will be treated as if it were previous service as an active member of this Section of the Scheme.

(1LF) Before permitting a person referred to in paragraph (1LE) to join this Section of the Scheme the Secretary of State must take advice from the Scheme actuary.

(3) In paragraph (1M), for “or (1K)” substitute “, (1K) or (1LE)”.

(4) In paragraph (2) of regulation 2.B.2 (restrictions on eligibility: general)—

(a) omit the “or” at the end of sub-paragraph (b); and

(b) omit sub-paragraph (c).

Section 25 Amendment of regulation 2.C.1

For paragraphs (5) and (6) of regulation 2.C.1 (contributions by members), substitute—

(5) Paragraph (6) applies where, despite the provisions of this regulation—

(a) a member who—

(i) is not a non-GP provider, has failed to pay member contributions; or

(ii) is a non-GP provider, has failed to pay such contributions; or

(b) an employing authority has failed to deduct such contributions in respect of a member referred to in paragraph (a).

(6) The Secretary of State may recover any sum that remains due in respect of contributions referred to in paragraph (5)—

(a) in any case where an employing authority has ceased to exist and the member is a non-GP provider member referred to in paragraph (5)(a)(ii), by adding those contributions to the amount of contributions that the non-GP provider is due to pay to the host Board;

(b) by deduction from any benefit payable to, or in respect of, a member where the Secretary of State has notified the member of an intention to do so.

(6A) Where paragraph (6)(a) applies, the non-GP provider must record the amount of unpaid contributions in a certificate referred to in regulation 2.J.14.

Section 26 Amendment of regulation 2.C.9

In sub-paragraph (e) of paragraph (1) of regulation 2.C.9 (effect of member being absent or leaving and rejoining this Section of the Scheme during the contribution option period), after “leave” insert “or on shared parental leave”.

Section 27 Amendment of regulation 2.C.18

(1) Regulation 2.C.18 (repayment of contributions) is amended as follows.

(2) In sub-paragraph (b) of paragraph (1), for “Chapter 5 of Part 4” substitute “Chapter 2 of Part 4ZA”.

(3) In paragraph (3), for “Chapter 5 of Part 4” substitute “Chapter 2 of Part 4ZA”.

(4) In paragraph (8), for “Chapter 5 of Part 4” substitute “Chapter 2 of Part 4ZA”.

Section 28 Amendment of regulation 2.D.22

In sub-paragraph (c) of paragraph (9) of regulation 2.D.22 (guaranteed minimum pensions etc ), for “regulation 60 of the Occupational Pension Schemes (Contracting-out) Regulations 1996” substitute “regulation 25 of the Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015” .

Section 29 Amendment of regulation 2.E.23

For sub-paragraph (d) of paragraph (1) of regulation 2.E.23 (death during period of absence), substitute—

(d) is on paternity leave, parental leave or shared parental leave,

Section 30 Amendment of regulation 2.E.26

For paragraph (3) of regulation 2.E.26 (guaranteed minimum pensions for surviving spouses and civil partners), substitute—

(3) Paragraph (2) does not apply to a pension that is forfeited following a conviction for any of the following—

(a) treason;

(b) an offence under the Official Secrets Acts 1911 to 1989 referred to in regulation 2.J.7(2)(b);

(c) murder or manslaughter or any other offence of unlawful killing referred to in regulation 2.J.7(4).

Section 31 Amendment of regulation 2.F.1

(1) Regulation 2.F.1 (introduction: rights to transfer value payment) is amended as follows.

(2) In paragraph (1), for “Chapter 4 of Part 4 of the 1993 Act (transfer values)” substitute “Chapter 1 of Part 4ZA of the 1993 Act (transfer rights: general)”.

(3) In paragraph (2), for “Chapter 5” substitute “Chapter 2”.

(4) In paragraph (3)—

(a) in sub-paragraph (a) , for “Chapter 4” substitute “Chapter 1”;

(b) in sub-paragraph (b), for “Chapter 5” substitute “Chapter 2”.

Section 32 Amendment of regulation 2.F.5

(1) Regulation 2.F.5 (ways in which transfer value payments may be applied) is amended as follows.

(2) In paragraph (1) , for “If Chapter 4 of Part 4 of the 1993 Act applies to a member, that member” substitute “A deferred member”.

(3) After paragraph (5), add—

(6) Paragraph (1) applies whether or not the deferred member is entitled to a guaranteed cash equivalent transfer value payment under Chapter 1 of Part 4ZA of the 1993 Act.

Section 33 Amendment of regulation 2.F.9

For paragraph (ii) of sub-paragraph (c) of paragraph (1) of regulation 2.F.9 (procedure for applications under regulation 2.F.8), substitute—

(ii) where the applicant is not eligible to be an active member of this Section of the Scheme and the application is made in respect of a transfer from a corresponding 2008 Scheme, during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of the 2015 Scheme if either—

(aa) paragraph 2 of Schedule 7 to the 2013 Act, or

(bb) paragraph 2 of Schedule 7 to the Public Service Pensions Act (Northern Ireland) 2014 ,

applies to the period of service in respect of which that transfer value payment is made.

Section 34 Amendment of regulation 2.J.5

Omit sub-paragraph (a) of paragraph (2) of regulation 2.J.5 (commutation of small pensions).

Section 35 Amendment of regulation 2.J.6

For sub-paragraph (a) of paragraph (2) of regulation 2.J.6 (reduction in benefits in cases where loss caused by member’s crime, negligence or fraud), substitute—

(a) is a guaranteed minimum pension, or

Section 36 Amendment of regulation 2.J.7

For paragraph (6) of regulation 2.J.7 (forfeiture of rights to benefits), substitute—

(6) A guaranteed minimum pension may be forfeited only if paragraph (1) applies in the case of an offence within paragraph (2)(b) or to which paragraph (4) applies.

Section 37 Amendment of regulation 2.M.3

(1) For paragraphs (4) to (6) of regulation 2.M.3 (approval applications), substitute—

(4) An approval application may nominate a date (“the nominated date”) from which approval by the Secretary of State (if granted) is to have effect.

(5) Where paragraph (4) applies and—

(a) the Secretary of State is satisfied that the Independent Provider will satisfy the conditions in paragraph (3) at the nominated date,

(b) the Secretary of State accepts the nominated date for approval purposes, and

(c) the nominated date is later than the date on which the Secretary of State approves the application,

approval takes effect from the nominated date.

(5A) Where paragraph (4) applies and—

(a) the Secretary of State is satisfied that the Independent Provider did satisfy the conditions in paragraph (3) at the nominated date,

(b) the Secretary of State accepts the nominated date for approval purposes,

(c) the nominated date is earlier than the date on which the Secretary of State approves the application, and

(d) the Secretary of State has received the contributions referred to in paragraphs (iv) and (v) of paragraph (3),

approval takes effect from the nominated date.

(6) Where an approval application—

(a) does not include a nominated date, or

(b) does include such a date, but which the Secretary of State does not accept for approval purposes,

approval takes effect from the date that it is granted by the Secretary of State.

Section 38 Amendment of regulation 2.M.8

After sub-paragraph (a) of paragraph (3) of regulation 2.M.8 (pension returns), insert—

(ab) a complete list of such of the contracts referred to in sub-paragraph (a) which the Independent Provider has sub-contracted by way of NHS standard sub-contract to a third party: that list must identify the third party and also specify the total gross amounts expressed to be payable under such sub-contracts to that third party;

Section 39 Amendment of regulation 3.A.1

In paragraph (1) of regulation 3.A.1 (interpretation of Part 3: general)—

(a) for the definition of “buy-out policy”, substitute—

“buy-out policy” means a policy of insurance or annuity contract that is appropriate for the purposes of section 19 of the 1993 Act and satisfies any requirement of Her Majesty’s Revenue and Customs: and “buy-out” shall be construed accordingly;

(b) for the definition of “cash equivalent”, substitute—

“cash equivalent” is to be construed in accordance with Chapter 1 of Part 4ZA of the 1993 Act;

(c) for the definition of “practice staff”, substitute—

“practice staff” means a person who is not a registered medical practitioner, a GP registrar or a non-GP provider and who is employed by a GMS practice, a PMS practice, an APMS contractor or an OOH Provider to assist in the provision of any of the following—

OOH services or services that practice or provider provides pursuant to a GMS contract, PMS agreement or an APMS contract;

services pursuant to an NHS standard contract;

services pursuant to an NHS standard sub-contract;

clinical health care services for the NHS commissioned by an employing authority that is not a GMS practice, a PMS practice, an APMS contractor, an OOH provider or an Independent Provider;

(d) omit the definitions of “safeguarded percentage” and “safeguarded rights”;

(e) at the appropriate place in the alphabetical order insert—

“NHS standard sub-contract” means a sub-contract that complies with the Department of Health guidance “NHS Standard Sub-Contract for the Provision of Clinical Services 2015/16” ;

“shared parental leave” has the meaning given in regulation 3(1) of the Shared Parental Leave Regulations 2014 ;

Section 40 Amendment of regulation 3.A.4

(1) Regulation 3.A.4 (pensionable service: breaks in service) is amended as follows.

(2) In sub-paragraph (e) of paragraph (1), after “leave” insert “or shared parental leave”.

(3) In sub-paragraph (e) of paragraph (7), after “leave” insert “or shared parental leave”.

Section 41 Amendment of regulation 3.A.7

(1) Regulation 3.A.7 (meaning of “pensionable earnings”) is amended as follows.

(2) In sub-paragraph (g) of paragraph (2), after “NHS standard contract” insert “or an NHS standard sub-contract where the party to the NHS standard contract in question is an employing authority”.

(3) In sub-paragraph (b) of paragraph (4), after “parental leave” insert “, shared parental leave”.

(4) In sub-paragraph (b) of paragraph (5), after “parental leave” insert “, shared parental leave”.

Section 42 Amendment of regulation 3.A.8

In sub-paragraph (e) of paragraph (1) of regulation 3.A.8 (pensionable earnings: breaks in service) after “leave” insert “or shared parental leave.”.

Section 43 Amendment of regulation 3.A.13

(1) Regulation 3.A.13 (meaning of pensionable earnings in relation to other practitioners) is amended as follows.

(2) In sub-paragraph (e) of paragraph (1), after “NHS standard contract” insert “or NHS standard sub-contract where the party to the NHS standard contract in question is an employing authority”.

(3) In paragraph (4), after “pharmaceutical services” insert “, services provided by a practitioner pursuant to an NHS standard contract or an NHS standard sub-contract where the party to the NHS Standard contract in question is an employing authority”.

Section 44 Amendment of regulation 3.B.2

In paragraph (1) of regulation 3.B.2 (restrictions on eligibility: general)—

(a) omit the “or” at the end of sub-paragraph (b); and

(b) omit sub-paragraph (c).

Section 45 Amendment of regulation 3.C.5

In sub-paragraph (a) of paragraph (19A) of regulation 3.C.5 (payment of contributions), for “2.J.14” substitute “3.J.14”.

Section 46 Amendment of regulation 3.C.7

In sub-paragraph (e) of paragraph (1) of regulation 3.C.7 (effect of member being absent or leaving and rejoining this section of the scheme during the contribution option period) after “leave” insert “or shared parental leave”.

Section 47 Amendment of regulation 3.C.16

(1) Regulation 3.C.16 (repayment of contributions) is amended as follows.

(2) In sub-paragraph (b) of paragraph (1), for “Chapter 5 of Part 4” substitute “Chapter 2 of Part 4ZA”.

(3) In paragraph (3), for “Chapter 5 of Part 4” substitute “Chapter 2 of Part 4ZA”.

(4) In paragraph (8), for “Chapter 5 of Part 4” substitute “Chapter 2 of Part 4ZA”.

Section 48 Amendment of regulation 3.D.18

In sub-paragraph (c) of paragraph (9) of regulation 3.D.18 (guaranteed minimum pensions etc), for “regulation 60 of the Occupational Pension Schemes (Contracting-out) Regulations 1996” substitute “regulation 25 of the Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015” .

Section 49 Amendment of regulation 3.E.23

In sub-paragraph (d) of paragraph (1) of regulation 3.E.23 (death during period of absence), for “or parental leave” substitute “, parental leave or shared parental leave”.

Section 50 Amendment of regulation 3.E.26

For paragraph (3) of regulation 3.E.26 (guaranteed minimum pensions for surviving spouses and civil partners), substitute—

(3) Paragraph (2) does not apply to a pension that is forfeited following a conviction for any of the following—

(a) treason;

(b) an offence under the Official Secrets Acts 1911 to 1989 referred to in regulation 3.J.7(2)(b);

(c) murder or manslaughter or any other offence of unlawful killing referred to in regulation 3.J.7(4).