Standard view

Statutory Instruments

2008 No. 653

National Health Service, England And Wales

The National Health Service Pension Scheme Regulations 2008

Made

11th March 2008

Laid before Parliament

11th March 2008

Coming into force

1st April 2008

Contents

Go to Preamble

  1. PART 1

    INTRODUCTORY AND GENERAL

    1. CHAPTER 1.A

      INTRODUCTION

      1. 1.A.1. Citation and commencement

      2. 1.A.2. Application of remaining Parts

    2. CHAPTER 1.B

      SCHEME REPORTS AND ACCOUNTS

      1. 1.B.1. Actuarial reports and accounts

      2. 1.B.2. Cost Sharing

      3. 1.B.3. Provision of information relevant for tax purposes

  2. PART 2

    BENEFITS FOR OFFICERS

    1. CHAPTER 2.A

      INTRODUCTION

      1. General interpretation

        1. 2.A.1. Interpretation: general

      2. Pensionable service

        1. 2.A.2. Meaning of “pensionable service”

        2. 2.A.3. Meaning of “pensionable service”: part-time service

        3. 2.A.4. Pensionable service: breaks in service

      3. Qualifying service

        1. 2.A.5. Meaning of “qualifying service”

        2. 2.A.6. Qualifying service: disregard of breaks in service

      4. Calculating service

        1. 2.A.7. Calculation of periods of membership or service

      5. Pensionable pay

        1. 2.A.8. Meaning of “pensionable pay”

        2. 2.A.9. Pensionable pay: breaks in service

      6. Reckonable pay

        1. 2.A.10. Meaning of “reckonable pay”: general

        2. 2.A.11. Adjustments for inflation in determining reckonable pay under 2.A.10

        3. 2.A.12. Restriction on pensionable pay used for calculating benefits in respect of capped transferred-in service

        4. 2.A.13. Meaning of “reckonable pay”: non-concurrent part-time employment

        5. 2.A.14. Meaning of “reckonable pay”: concurrent part-time employments

        6. 2.A.15. Out of hours providers

    2. CHAPTER 2.B

      MEMBERSHIP

      1. 2.B.1. Eligibility: general

      2. 2.B.2. Restrictions on eligibility: general

      3. 2.B.3. Concurrent employments

      4. Joining and leaving the Scheme

        1. 2.B.4. Joining the Scheme

        2. 2.B.5. Opting out of the Scheme

        3. 2.B.6. Restriction on further participation in the Scheme

    3. CHAPTER 2.C

      CONTRIBUTIONS

      1. Basic contributions by members

        1. 2.C.1. Contributions by members

        2. 2.C.2. Members’ contribution rate

        3. 2.C.3. Employees

        4. 2.C.4. Part-time employees

      2. Contributions by employing authorities

        1. 2.C.5. Contributions by employing authorities: general

        2. 2.C.6. Contributions by employing authorities: members becoming entitled to pensions under regulation 2.D.11

        3. 2.C.7. Guarantees, indemnities and bonds

      3. Additional contributions to purchase additional pensions

        1. 2.C.8. Member’s option to pay additional periodical contributions to purchase additional pension

        2. 2.C.9. Effect of member being absent or leaving and rejoining the Scheme during the contribution option period

        3. 2.C.10. Member’s option to pay lump sum contribution to purchase additional pension

        4. 2.C.11. Payment of additional lump sum contributions by employing authority

        5. 2.C.12. Exercise of options under regulations 2.C.8, 2.C.10 and 2.C.11

        6. 2.C.13. Cancellation of options under regulation 2.C.8

        7. 2.C.14. Effect of payment of additional contributions under this Chapter

        8. 2.C.15. Effect of death or early payment of pension after option exercised under regulation 2.C.8, 2.C.10 or 2.C.11

        9. 2.C.16. Effect of part payment of periodical contributions

        10. 2.C.17. Revaluation of increases bought under options: members’ pensions

      4. Repayment of contributions

        1. 2.C.18. Repayment of contributions

    4. CHAPTER 2.D

      MEMBERS’ RETIREMENT BENEFITS

      1. Entitlement to pensions

        1. 2.D.1. Normal retirement pensions

        2. 2.D.2. Pension credit members

        3. 2.D.3. Late payment of pension with actuarial increase

        4. 2.D.4. Early payment of pensions with actuarial reduction

        5. 2.D.5. Partial retirement (members aged at least 55)

        6. 2.D.6. Increase in pensionable pay following exercise of option under regulation 2.D.5

        7. 2.D.7. Application of regulations 2.D.5 and 2.D.6 where concurrent part-time employments held

        8. 2.D.8. Early retirement on ill-health (active members)

        9. 2.D.9. Re-assessment of entitlement to an ill-health pension determined under regulation 2.D.8

        10. 2.D.10. Early retirement on ill-health (deferred members)

        11. 2.D.11. Early retirement on termination of employment by employing authority

        12. 2.D.12. Option to have periods of service treated separately where pay is reduced

        13. 2.D.13. Exceptions to requirement that NHS employment must have ceased

      2. Options to exchange pension for lump sum

        1. 2.D.14. General option to exchange part of pension for lump sum

        2. 2.D.15. Option for members in serious ill-health to exchange whole pension for lump sum

      3. Pension debit members and pension credit members

        1. 2.D.16. Reduction in pension debit member’s benefits

        2. 2.D.17. Pension credit member’s rights

      4. Allocation

        1. 2.D.18. Election to allocate pension

        2. 2.D.19. Procedure for election under regulation 2.D.18

        3. 2.D.20. Effect of allocation

      5. Dual capacity membership

        1. 2.D.21. Dual capacity membership

      6. Contracting-out obligations (GMPs, etc.)

        1. 2.D.22. Guaranteed minimum pensions etc

    5. CHAPTER 2.E

      DEATH BENEFTS

      1. Pensions for surviving adults

        1. 2.E.1. Surviving adult dependants’ pensions

        2. 2.E.2. Meaning of “surviving nominated partner”

        3. 2.E.3. Amount of pensions under regulation 2.E.1: active members

        4. 2.E.4. Amount of pensions under regulation 2.E.1: pensioner members

        5. 2.E.5. Amount of pensions under regulation 2.E.1: deferred members

        6. 2.E.6. Recent leavers

        7. 2.E.7. Re-employed pensioners: adult survivor pensions in initial period

      2. Pensions for dependent children

        1. 2.E.8. Surviving children’s pensions

        2. 2.E.9. Meaning of “dependent child”

        3. 2.E.10. Amount of children’s pension under regulation 2.E.8: deceased active members

        4. 2.E.11. Amount of children’s pension under regulation 2.E.8: deceased pensioner members

        5. 2.E.12. Amount of children’s pension under regulation 2.E.8: deceased deferred members

        6. 2.E.13. Amount of children’s pension under regulation 2.E.8: recent leavers

        7. 2.E.14. Power to increase pension in respect of children not maintained by surviving parent etc

        8. 2.E.15. Amount of children’s pension under regulation 2.E.8: re-employed pensioners

      3. Lump sum death benefits

        1. 2.E.16. Lump sum benefits on death: introduction

        2. 2.E.17. Amount of lump sum: single capacity members and recent leavers (disregarding regulation 2.D.5 employments)

        3. 2.E.18. Amount of lump sum: dual capacity members (disregarding regulation 2.D.5 employments)

        4. 2.E.19. Amount of lump sum: dual capacity members: members with pensions under regulation 2.D.5

        5. 2.E.20. Amount of lump sum: pension credit members

        6. 2.E.21. Payment of lump sums on death

        7. 2.E.22. Tax treatment under the 2004 Act of lump sums payable on pensioners’ deaths

      4. Miscellaneous and general provisions

        1. 2.E.23. Death during period of absence

        2. 2.E.24. Polygamous marriages

        3. 2.E.25. Dual capacity membership: death benefits

        4. 2.E.26. Guaranteed minimum pensions for surviving spouses and civil partners

    6. CHAPTER 2.F

      TRANSFERS

      1. Transfers out

        1. 2.F.1. Introduction: rights to transfer value payment

        2. 2.F.2. Applications for statements of entitlement

        3. 2.F.3. Applications for transfer value payments: general

        4. 2.F.4. Applications for transfer value payments: time limits

        5. 2.F.5. Ways in which transfer value payments may be applied

        6. 2.F.6. Calculating amounts of transfer value payments

        7. 2.F.7. Effect of transfers-out

      2. Transfers in

        1. 2.F.8. Right to apply for acceptance of transfer value payment from another scheme

        2. 2.F.9. Procedure for applications under regulation 2.F.8

        3. 2.F.10. Acceptance of transfer value payments

        4. 2.F.11. Calculation of transferred-in pensionable service

        5. 2.F.12. Meaning of “capped transferred-in service”

        6. 2.F.13. Public sector transfer arrangements

        7. 2.F.14. Bulk transfers out

        8. 2.F.15. Bulk transfers in

        9. 2.F.16. EU and other overseas transfers

    7. CHAPTER 2.G

      RE-EMPLOYMENT AND REJOINING THE SCHEME

      1. Preliminary

        1. 2.G.1. Application of Chapter 2.G

        2. 2.G.2. General rule: separate treatment of service etc

        3. 2.G.3. Exception to general rule in 2.G.2

      2. Special rules about re-employment of ill-health pensioners

        1. 2.G.4. Effect of re-employment on tier 2 ill-health pensions

        2. 2.G.5. Re-employed tier 1 ill-health pensioners

      3. Special rule for members transferred out on transfer of undertaking

        1. 2.G.6. Deferred pension becoming payable during NHS re-employment as a result of a transfer of undertaking

    8. CHAPTER 2.H

      ABATEMENT

      1. 2.H.1. Application of Chapter 2.H

      2. 2.H.2. Information

      3. 2.H.3. Reduction of pension

      4. 2.H.4. Meaning of “relevant income”

      5. 2.H.5. Meaning of “previous pay”: general

      6. 2.H.6. Meaning of “previous pay”: members with concurrent employments

      7. 2.H.7. Application of this Chapter to part-time employment

      8. 2.H.8. Employed pensioners with more than one pension

      9. 2.H.9. Provisional reductions and later adjustments

    9. CHAPTER 2.J

      MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

      1. Scheme administrator

        1. 2.J.1. Appointment of Scheme administrator

      2. Claims

        1. 2.J.2. Claims for benefits

      3. Power to extend time limits

        1. 2.J.3. Power to extend time limits

      4. Beneficiaries who are incapable of looking after their affairs

        1. 2.J.4. Beneficiaries who are incapable of looking after their affairs

      5. Commutation of small pensions

        1. 2.J.5. Commutation of small pensions

      6. Reduction in and forfeiture of benefits

        1. 2.J.6. Reduction in benefits in cases where loss caused by member’s crime, negligence or fraud

        2. 2.J.7. Forfeiture of rights to benefits

      7. Provisions about tax

        1. 2.J.8. Deduction of tax

      8. Interest on delayed payments

        1. 2.J.9. Interest on late payment of benefits and refunds of contributions

      9. Determinations

        1. 2.J.10. Determination of questions

        2. 2.J.11. Determinations by medical practitioners

      10. General prohibition on unauthorised payments

        1. 2.J.12. General prohibition on unauthorised payments

      11. Prohibition on assignment or charging of benefits

        1. 2.J.13. Prohibition on assignment or charging of benefits

      12. Record keeping and contribution estimates

        1. 2.J.14. Employing authority record keeping and contribution estimates

  3. PART 3

    BENEFITS FOR PRACTITIONERS ETC.

    1. CHAPTER 3.A

      INTRODUCTION

      1. Preliminary

        1. 3.A.1. Interpretation of Part 3: general

        2. 3.A.2. Interpretation: further provisions

        3. 3.A.3. Meaning of “pensionable service”

        4. 3.A.4. Pensionable service: breaks in service

      2. Qualifying service

        1. 3.A.5. Meaning of “qualifying service”

        2. 3.A.6. Qualifying service: disregard of breaks in service

      3. Pensionable earnings

        1. 3.A.7. Meaning of “pensionable earnings”

        2. 3.A.8. Pensionable earnings—breaks in service

        3. 3.A.9. Calculating pensionable earnings of medical practitioners in partnership

        4. 3.A.10. Elections relating to calculation of pensionable earnings in medical partnerships

        5. 3.A.11. Restriction on pensionable earnings used for calculating benefits in respect of capped transferred-in service

        6. 3.A.12. Distribution of pensionable earnings between type 1 dental practitioners employed or engaged by the same GDS or PDS contractor

        7. 3.A.13. Meaning of pensionable earnings in relation to other practitioners

        8. 3.A.14. Exclusions and deductions from pensionable earnings—all practitioners

        9. 3.A.15. Limit on pensionable earnings—dentist performers carrying on deceased person’s business

        10. 3.A.16. Out of hours providers

    2. CHAPTER 3.B

      MEMBERSHIP

      1. 3.B.1. Eligibility: general

      2. 3.B.2. Restrictions on eligibility: general

      3. 3.B.3. Concurrent employments

      4. Joining and leaving the Scheme

        1. 3.B.4. Joining the Scheme

        2. 3.B.5. Opting out of the Scheme

        3. 3.B.6. Restriction on further participation in the Scheme

        4. 3.B.7. Membership: locum practitioners

    3. CHAPTER 3.C

      CONTRIBUTIONS

      1. 3.C.1. Contributions by members

      2. 3.C.2. Members’ contribution rate

      3. 3.C.3. Contributions by employing authorities: general

      4. 3.C.4. Guarantees, indemnities and bonds

      5. 3.C.5. Payment of Contributions

      6. Additional contributions to purchase additional pensions

        1. 3.C.6. Member’s option to pay additional periodical contributions to purchase additional pension

        2. 3.C.7. Effect of member being absent or leaving and rejoining the Scheme during the contribution option period

        3. 3.C.8. Member’s option to pay lump sum contribution to purchase additional pension

        4. 3.C.9. Payment of additional lump sum contributions by employing authority

        5. 3.C.10. Exercise of options under regulations 3.C.6, 3.C.8 and 3.C.9

        6. 3.C.11. Cancellation of options under regulation 3.C.8

        7. 3.C.12. Effect of payment of additional contributions under this Chapter

        8. 3.C.13. Effect of death or early payment of pension after option exercised under regulation 3.C.6, 3.C.8 or 3.C.9

        9. 3.C.14. Effect of part payment of periodical contributions

        10. 3.C.15. Revaluation of increases bought under options: members’ pensions

      7. Repayment of contributions

        1. 3.C.16. Repayment of contributions

    4. CHAPTER 3.D

      MEMBERS’ RETIREMENT BENEFITS

      1. Entitlement to pensions

        1. 3.D.1. Normal retirement pensions

        2. 3.D.2. Pension credit members

        3. 3.D.3. Late payment of pension with actuarial increase

        4. 3.D.4. Early payment of pensions with actuarial reduction

        5. 3.D.5. Partial retirement (members aged at least 55)

        6. 3.D.6. Increase in pensionable earnings following exercise of option under regulation 3.D.5

        7. 3.D.7. Early retirement on ill-health (active members)

        8. 3.D.8. Re-assessment of entitlement to an ill-health pension determined under regulation 3.D.7

        9. 3.D.9. Early retirement on ill-health (deferred members)

      2. Options to exchange pension for lump sum

        1. 3.D.10. General option to exchange part of pension for lump sum

        2. 3.D.11. Option for members in serious ill-health to exchange whole pension for lump sum

      3. Pension debit members and pension credit members

        1. 3.D.12. Reduction in pension debit member’s benefits

        2. 3.D.13. Pension credit member’s rights

      4. Allocation

        1. 3.D.14. Election to allocate pension

        2. 3.D.15. Procedure for election under regulation 3.D.14

        3. 3.D.16. Effect of allocation

      5. Dual capacity membership

        1. 3.D.17. Dual capacity membership

      6. Contracting-out obligations (GMPs, etc.)

        1. 3.D.18. Guaranteed minimum pensions etc

    5. CHAPTER 3.E

      DEATH BENEFTS

      1. Pensions for surviving adults

        1. 3.E.1. Surviving adult dependants’ pensions

        2. 3.E.2. Meaning of “surviving nominated partner”

        3. 3.E.3. Amount of pensions under regulation 3.E.1: active members

        4. 3.E.4. Amount of pensions under regulation 3.E.1: pensioner members

        5. 3.E.5. Amount of pensions under regulation 3.E.1: deferred members

        6. 3.E.6. Recent leavers

        7. 3.E.7. Re-employed pensioners: adult survivor pensions in initial period

      2. Pensions for dependent children

        1. 3.E.8. Surviving children’s pensions

        2. 3.E.9. Meaning of “dependent child”

        3. 3.E.10. Amount of children’s pension under regulation 3.E.8: deceased active members

        4. 3.E.11. Amount of children’s pension under regulation 3.E.8: deceased pensioner members

        5. 3.E.12. Amount of children’s pension under regulation 3.E.8: deceased deferred members

        6. 3.E.13. Amount of children’s pension under regulation 3.E.8: recent leavers

        7. 3.E.14. Power to increase pension in respect of children not maintained by surviving parent etc

        8. 3.E.15. Amount of children’s pension under regulation 3.E.8: re-employed pensioners

      3. Lump sum death benefits

        1. 3.E.16. Lump sum benefits on death: introduction

        2. 3.E.17. Amount of lump sum: single capacity members and recent leavers (disregarding regulation 3.D.5 employments)

        3. 3.E.18. Amount of lump sum: dual capacity members (disregarding regulation 3.D.5 employments)

        4. 3.E.19. Amount of lump sum: dual capacity members: members with pensions under regulation 3.D.5

        5. 3.E.20. Amount of lump sum: pension credit members

        6. 3.E.21. Payment of lump sums on death

        7. 3.E.22. Tax treatment under the 2004 Act of lump sums payable on pensioners’ deaths

      4. Miscellaneous and general provisions

        1. 3.E.23. Death during period of absence

        2. 3.E.24. Polygamous marriages

        3. 3.E.25. Dual capacity membership: death benefits

        4. 3.E.26. Guaranteed minimum pensions for surviving spouses and civil partners

    6. CHAPTER 3.F

      TRANSFERS

      1. Transfers out

        1. 3.F.1. Introduction: rights to transfer value payment

        2. 3.F.2. Applications for statements of entitlement

        3. 3.F.3. Applications for transfer value payments: general

        4. 3.F.4. Applications for transfer value payments: time limits

        5. 3.F.5. Ways in which transfer value payments may be applied

        6. 3.F.6. Calculating amounts of transfer value payments

        7. 3.F.7. Effect of transfers-out

      2. Transfers in

        1. 3.F.8. Right to apply for acceptance of transfer value payment from another scheme

        2. 3.F.9. Procedure for applications under regulation 3.F.8

        3. 3.F.10. Acceptance of transfer value payments

        4. 3.F.11. Calculation of transferred-in pensionable service

        5. 3.F.12. Meaning of “capped transferred-in service”

        6. 3.F.13. Public sector transfer arrangements

        7. 3.F.14. Bulk transfers out

        8. 3.F.15. Bulk transfers in

        9. 3.F.16. EU and other overseas transfers

    7. CHAPTER 3.G

      RE-EMPLOYMENT AND REJOINING THE SCHEME

      1. Preliminary

        1. 3.G.1. Application of Chapter 3.G

        2. 3.G.2. General rule: separate treatment of service etc

        3. 3.G.3. Exception to general rule in 3.G.2

      2. Special rules about re-employment of ill-health pensioners

        1. 3.G.4. Effect of re-employment on tier 2 ill-health pensions

        2. 3.G.5. Re-employed tier 1 ill-health pensioners

    8. CHAPTER 3.H

      ABATEMENT

      1. 3.H.1. Application of Chapter 3.H

      2. 3.H.2. Information

      3. 3.H.3. Reduction of pension

      4. 3.H.4. Meaning of “relevant income”

      5. 3.H.5. Meaning of “previous earnings”: general

      6. 3.H.6. Employed pensioners with more than one pension

      7. 3.H.7. Provisional reductions and later adjustments

    9. CHAPTER 3.J

      MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

      1. Scheme administrator

        1. 3.J.1. Appointment of Scheme administrator

      2. Claims

        1. 3.J.2. Claims for benefits

      3. Power to extend time limits

        1. 3.J.3. Power to extend time limits

      4. Beneficiaries who are incapable of looking after their affairs

        1. 3.J.4. Beneficiaries who are incapable of looking after their affairs

      5. Commutation of small pensions

        1. 3.J.5. Commutation of small pensions

      6. Reduction in and forfeiture of benefits

        1. 3.J.6. Reduction in benefits in cases where loss caused by member’s crime, negligence or fraud

        2. 3.J.7. Forfeiture of rights to benefits

      7. Provisions about tax

        1. 3.J.8. Deduction of tax

      8. Interest on delayed payments

        1. 3.J.9. Interest on late payment of benefits and refunds of contributions

      9. Determinations

        1. 3.J.10. Determination of questions

        2. 3.J.11. Determinations by medical practitioners

      10. General prohibition on unauthorised payments

        1. 3.J.12. General prohibition on unauthorised payments

      11. Prohibition on assignment or charging of benefits

        1. 3.J.13. Prohibition on assignment or charging of benefits

      12. Record keeping and contribution estimates

        1. 3.J.14. Employing authority and certain member record keeping and contribution estimates

  4. PART 4

    BENEFITS IN CASES OF MIXED SERVICE

    1. CHAPTER 4.A

      INTRODUCTION

      1. Application of Part 4

        1. 4.A.1. Application of Part 4

      2. Preliminary

        1. 4.A.2. Interpretation: general

    2. CHAPTER 4.B

      COMPARISON OF ENTITLEMENTS

      1. Application of Chapter 4.B

        1. 4.B.1. Application of Chapter 4.B

      2. Officer service before practitioner service

        1. 4.B.2. Cases with up to 10 years of officer service

        2. 4.B.3. Cases with more than 10 years of officer service

      3. Officer service after practitioner service

        1. 4.B.4. Cases with less than 1 year of officer service

        2. 4.B.5. Cases with 1 year or more of officer service

      4. Concurrent officer and practitioner service

        1. 4.B.6. Cases with less than 1 year of concurrent officer service

        2. 4.B.7. Cases with 1 year or more of concurrent officer service

      5. Calculation methods

        1. 4.B.8. Calculation method A

        2. 4.B.9. Calculation method B

        3. 4.B.10. Calculation method C

    3. CHAPTER 4.C

      MODIFICATION OF BENEFITS

      1. Members’ retirement benefits

        1. 4.C.1. Top-up where reference amount greater than base amount

      2. Death benefits

        1. 4.C.2. Death benefits where member entitled to top-up

    4. CHAPTER 4.D

      GENERAL MODIFICATIONS

      1. 45 year service limit

        1. 4.D.1. Pensionable service limit

      2. Claims and notices

        1. 4.D.2. Applications, claims and notices

      3. Abatement

        1. 4.D.3. Reduction of pension

Go to Explanatory Note

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 10(1) and (2) and 12(1) and (2) of, and Schedule 3 to, the Superannuation Act 1972(1), with the consent of the Treasury(2). In accordance with section 10(4) of that Act, the Secretary of State has consulted with representatives of persons likely to be affected by these Regulations, as appeared to the Secretary of State to be appropriate(3).

PART 1 INTRODUCTORY AND GENERAL

CHAPTER 1.A INTRODUCTION

1.A.1    Citation and commencement

(1) These Regulations may be cited as the National Health Service Pension Scheme Regulations 2008.

(2) These Regulations come into force on 1st April 2008.

1.A.2    Application of remaining Parts

(1) Part 2 of these Regulations provides for benefits to be payable in relation to service as an officer (as defined in that Part).

(2) Part 3 of these Regulations provides for benefits to be payable in relation to service as—

(a) a practitioner, or

(b) an OOH provider,

(both as defined in that Part).

(3) Part 4 of these Regulations modifies Parts 2 and 3 where a member has pensionable service under both Parts 2 and 3.

CHAPTER 1.B SCHEME REPORTS AND ACCOUNTS

1.B.1    Actuarial reports and accounts

(1) The following paragraphs apply to the National Health Service Pension Scheme as set out in these Regulations and the National Health Service Pension Scheme Regulations 1995(4).

(2) The Secretary of State shall keep accounts of all income and expenditure of the scheme in a form approved by the Treasury.

(3) The accounts shall be open to examination by the Comptroller and Auditor General.

(4) The Scheme actuary (as defined in Parts 2 and 3) must—

(a) prepare an actuarial report of the scheme liabilities and benefits under these Regulations and the scheme liabilities and benefits under the provisions of the National Health Service Pension Scheme Regulations 1995, at the 31st March 2012 and at the expiration of every period of 4 years after that date, and

(b) send a copy of that actuarial report of the scheme to the Secretary of State and the Treasury.

1.B.2    Cost Sharing

(1) The actuarial report referred to in regulation 1.B.1 (accounts and actuarial reports) shall specify—

(a) a recommended contribution rate (RCR), and

(b) a projected yield from members’ contributions (PYM).

(2) Paragraphs (3) to (10) apply in respect of the actuarial report covering the period commencing on 1st April 2004 and ending on 31st March 2008 (“the 2004-2008 Report”) and, unless otherwise stated, references to the RCR in those paragraphs are to the RCR specified in the 2004-2008 Report.

(3) Where the RCR differs from 20.5%, that difference shall be the cost change element (CCE).

(4) The Secretary of State shall, having taken advice from the scheme actuary determine—

(a) that part of the CCE which shall not be shared between the members and the employing authorities (the un-shared element (USE)), and

(b) that part of the CCE which shall be shared between the members and the employing authorities (the shared element (SE)),

but before making such a determination, the Secretary of State shall consider any advice relating to the elements referred to in (a) and (b) from such employee and employer representatives as appear to the Secretary of State to be appropriate.

(5) Where RCR minus PYM is less than 14%, contributions paid by employing authorities shall be equal to 14%.

(6) Where RCR minus PYM is equal to or greater than 14% but less than or equal to 14.2%, contributions paid by employing authorities shall be equal to RCR minus PYM.

(7) Where—

(a) RCR minus PYM is greater than 14.2%, and

(b) USE is greater than 0.0%,

contributions paid by employing authorities shall be equal to the lower of—

(i) RCR minus PYM, and

(ii) 14.2% + USE.

(8) Where—

(a) RCR minus PYM is greater than 14.2%, and

(b) USE is less than or equal to 0.0%,

contributions paid by employing authorities shall be equal to 14.2%.

(9) If RCR is greater than the sum of—

(a) the rate payable by employing authorities as determined under paragraphs (5) to (8), and

(b) PYM,

the Secretary of State may—

(i) after consultation with such representations of employees and employing authorities as appear to the Secretary of State to be appropriate, and