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( 4) are amended in accordance with this Part.

Amendment of regulation K2

3.  In regulation K2 (guaranteed minimum pensions)( 5), 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)( 6).

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—

PART 3 Amendment of the National Health Service Pension Scheme Regulations 2015

General

7.  The National Health Service Pension Scheme Regulations 2015( 7) are amended in accordance with this Part.

Amendment of regulation 19

8.  In regulation 19 (restrictions on membership)( 8), 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)( 9) 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)( 10) 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—

(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)( 11), 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)( 12) insert “(e) a primary care network standard sub-contract( 13).”.

Amendment of regulation 166

16.—(1) Regulation 166 (medical practitioner)( 14) 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—

(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)( 15), 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( 16)”;

(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”( 17)”.

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( 18) 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)( 19), 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)( 20), at the end of the table insert—

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( 21) are modified in accordance with this Part.

Expiry of modifications in this Part

24.  The modifications in this Part apply until the end of 31st March 2024.

Modification of regulation 31

25.  Regulation 31 (members’ contributions: practitioners and non-GP providers)( 22) 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)( 23) 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:

(iii) in sub-paragraph (b)—

(aa) after “received” there were inserted “for each relevant period of the scheme year 2022/23”;

(bb) at the end, there were inserted—

• “,

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:

and uprated according to the formula:

(b) any additional pensionable earnings M is treated as having received for each relevant period of the scheme year 2022/23 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:

(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)( 24) 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:

(iii) in sub-paragraph (b)—

(aa) after “received” there were inserted “for each relevant period of the scheme year 2022/23”;

(bb) at the end, there were inserted—

• “,

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:

and uprated according to the formula:

(b) any additional pensionable earnings M is treated as having received for each relevant period of the scheme year 2022/23 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:

(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)”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the National Health Service Pension Scheme Regulations 1995 ( S.I. 1995/300) (“ the 1995 Regulations”), the National Health Service Pension Scheme Regulations 2015 ( S.I. 2015/94) (“ the 2015 Regulations”), and the National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 ( S.I. 2015/95) (“ the 2015 Transitional Regulations”) and make temporary modifications of certain member contributions provisions in the 2015 Regulations.

These regulations come into force on 1st April 2023.

Regulations 3, 4, 5 and 6 amend the 1995 Regulations to permanently remove the ‘16 hour rule’, which requires a member’s pension benefits to be suspended if they return to NHS employment and commit to more than 16 hours per week within one month of the pension becoming payable.

Regulations 9 and 10 amend the 2015 Regulations to update member contribution provisions to reflect the start of scheme year 2023/24. Regulation 10 also updates table 1 in regulation 31 (members’ contributions: practitioners and non-GP providers), which sets out the historic pensionable earnings bands and contribution rates, to reflect scheme year 2022/23.

Regulations 14 and 17, amend the 2015 Regulations to ensure that the correct figure and enforcement date in the annual Treasury order made under section 9 of the Public Service Pensions Act 2013 (c. 25)are used in respect of the 2015 Regulations, following planned forthcoming amendment of the order.

Regulations 8, 11, 15, 16, 18 and 19 make provision for scheme access with regards to practitioners and employees working as part of primary care networks.

Regulations 21 and 22 amend the 2015 Transitional Regulations, to allow certain 1995 Scheme pensioners to join the 2015 Scheme and to receive the correct lump sum for death in service.

Part 5 makes temporary modifications to the 2015 Regulations to ensure that the member contributions reconciliation provisions for medical practitioners, non-GP providers and dental practitioners for scheme year 2022/23 reflects the mid-scheme year contribution rate change which came into force on 1st October 2022. These temporary modifications apply until the end of 31st March 2024.

Regulations 12 and 13 correct pre-existing errors in the 2015 Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.