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Amendments to National Health Service (Compensation for Premature Retirement) Regulations 2002

4.  For regulation 4(2) of the National Health Service (Compensation for Premature Retirement) Regulations 2002(15) (payment of compensation), substitute—

“(2) The compensation payable in accordance with this paragraph shall consist of an annual allowance at a rate equal to the rate by which that pension would be increased in accordance with the Pension Scheme Regulations, if—

(a) a period equal to the period with which he is credited under regulation 5 of these Regulations were added to the pensionable service in respect of which that pension is payable; and

(b) for the purposes of regulation C1 of the Pension Scheme Regulations, the whole period is treated as if it was added to the entitled officer’s pensionable service in respect of pensionable employment before 1st April 2008.”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 (S.I. 2000/619) (“the AVC Regulations”), the National Health Service (Injury Benefits) Regulations 1995 (S.I.1995/866) (“the Injury Benefits Regulations”) and the National Health Service (Compensation for Premature Retirement) Regulations 2002 (S.I. 2002/1311) (“the Compensation Regulations”).

Regulation 2 amends the AVC Regulations by inserting new definitions consequential upon changes to the National Health Service Pension Scheme Regulations 1995 (S.I.1995/300) and as a result of the National Health Service Pension Scheme Regulations 2008. The amendments to the AVC Regulations indicate which of the National Health Service Pension Scheme Regulations (1995 or 2008) apply in any given case. In addition to the above, the NHS Business Services Authority is designated as the administrator of the AVC Scheme for the purposes of the Finance Act 2004 (see regulation 2(15)(b)).

Regulation 3 amends the Injury Benefits Regulations in the same way and for the same purpose as regulation 2 amends the AVC Regulations. In particular regulation 3(4) inserts a new regulation (regulation 2A) into the Injury Benefits Regulations so as to define what is meant by a “practitioner”.

Regulation 4 amends the Compensation for Premature Retirement Regulations so as to specify the amount of compensation payable by way of an annual allowance under those Regulations.

A full impact assessment has not been produced for this Instrument as it has no impact on the costs of business, charities or the voluntary sector.