Legislation – The National Health Service Pension Schemes (Amendment) Regulations 2025

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 (Additional Voluntary Contributions) Regulations 2000 (S.I. 2000/619) (“the 2000 Regulations”), the National Health Service Pension Scheme Regulations 2008 (S.I. 2008/653) (“the 2008 Regulations”), the National Health Service Pension Scheme Regulations 2015 (S.I. 2015/94) (“the 2015 Regulations”), the National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95) (“the Transitional Regulations”), the National Health Service Pension Schemes (Amendment) Regulations 2023 (S.I. 2023/301) (“the 2023 Regulations”) and the National Health Service Pension Schemes (Remediable Service) Regulations 2023 (S.I. 2023/985) (“the Remediable Service Regulations”).

These Regulations come into force on 1st April 2025, although regulations 1(4) to (9) provide for certain provisions to take effect from an earlier date and regulation 1(3) provides for certain provisions to come into force on 6th April 2025. Section 12(1) of the Superannuation Act 1972 (c. 11) and section 3(3)(b) of the Public Service Pensions Act 2013 (c. 25) provide that Scheme Regulations may make retrospective provision.

Regulations 3, 10, 23 and 34(2) amend the 1995, 2008 and 2015 Regulations to make provision regarding overtime worked by part time workers during the period 1 April 2015 to 31 March 2024.

Regulations 4, 6, 14, 20 and 29 amend the 1995, 2000, 2008 and 2015 Regulations to make amendments in consequence of the abolition of the pension tax life time allowance. The amendments are made with retrospective effect from 6th April 2024.

Regulations 8, 11, 15 and 17 correct cross-references to types of authorised leave in the 2008 Regulations so that they include parental bereavement leave. The amendments are made with retrospective effect from 6th April 2020.

Regulations 9 and 16 correct an error in the 2008 Regulations regarding when 1995 Section service counts as qualifying service in the 2008 Section of the NHS Pension Scheme. The amendments are made with retrospective effect from 1st April 2015.

Regulations 12 and 18 amend the 2008 Regulations to correct an error in provisions governing eligibility to continue accrual in the 2008 Section of the NHS Pension Scheme with retrospective effect from 1st April 2015. Regulation 36 inserts a new provision in the Transitional Regulations which provides an entitlement to additional retirement benefits for certain members as a result of the correction.

Regulations 13 and 19 correct cross-references in the 2008 Regulations relating to the forfeiture of lump sum payments, with retrospective effect to 1st April 2008. Regulation 33 corrects a similar cross-reference in the 2015 Regulations, with retrospective effect from 1st April 2015.

Regulations 22, 24(2) to (4) and (8)(a), 28, 30, 32(4) and 34(3) amend the 2015 Regulations to insert references to neonatal care leave alongside references to other types of authorised leave under the scheme.

Regulations 24(5), (6), (7), (8)(b), (9) and (10), 25, 26 and 31 make amendments to the 2015 Regulations and regulations 38, 39 and 40 amend the 2023 Regulations in respect of how member contributions are calculated when a member has a period of reduced pay as a result of a specified absence. The amendments in regulations 24 have retrospective effect from 1st April 2015, the amendments in regulations 25, 26 and 31 have effect retrospectively from 1st October 2022 and the amendments in regulations 39 and 40 have retrospective effect from 1st April 2023.

Regulation 27 amends the 2015 Regulations to align them with the 1995 and 2008 Regulations in respect of how the cost of additional pension is calculated when new factors apply.

Regulation 32(2) and (3) amends the 2015 Regulations to require the provision of a revised certificate of pensionable earnings by medical practitioners and non-GP providers in circumstances where provisional figures have been used.

Regulation 42 amends the Remediable Service Regulations to provide for the revocation or lapse of a deferred choice election before the cancellation deadline.

A full impact assessment has not been completed for these Regulations as no, or no significant, impact on the private, voluntary or public sectors is foreseen.