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Department of Health and Social Care launches consultation on changes to the NHS Pension Scheme regulations

The Department of Health and Social Care is consulting on proposals to change the NHS Pension Scheme regulations.

The changes will make survivor benefits in the 1995 Section equal  

There are two NHS Pension Schemes, the 2015 NHS Pension Scheme and the 1995/2008 NHS Pension Scheme. The 1995/2008 Scheme is divided into the 1995 and 2008 Sections

The proposed changes will make sure that male spouses and civil partners of female 1995 Section members are entitled to the same survivor benefits as female spouses and civil partners of male members, and same-sex spouses and civil partners of either gender.

There are no proposed amendments to the regulations for the 2008 Section or 2015 Scheme, as survivor benefits in the 2008 Section and 2015 Scheme are already equal.

These changes follow the Employment Tribunal decision in Goodwin v Secretary of State for Education.

This will be done by:

  • Equalising the entitlement to survivor benefits for male survivors of female scheme members who would otherwise receive a lower pension under existing rules, following the Employment Tribunal decision in Goodwin v Secretary of State for Education.
  • Further to the changes required following Goodwin v Secretary of State for Education, removing certain amendments to the 1995 Section Regulations made by the Civil Partnership (Opposite Sex Couples) Regulations 2019.

There are also a number of other proposed changes

These proposed changes will:

  • Make sure that payments and allowances under the New to Partnership Payments Scheme introduced by NHS England and NHS Improvement in 2020, are treated as non-pensionable earnings for both GPs and non-GP providers.
  • Reform the final pay control provisions of the 1995 Section Regulations following a review and recommendations by the NHS Pension Scheme's Scheme Advisory Board.
  • Correct minor errors or omissions in the NHS Pension Scheme Regulations and the NHS Injury Benefits Scheme Regulations.

You can find more information on all of the proposed changes on the consultation webpage

The consultation is asking for views on the proposed changes

The Department of Health and Social Care welcomes any comments or views on its proposals.

It is also asking respondents to consider a number of questions outlined in section 2 of the consultation information.

How to respond to the consultation

The consultation will close at midnight on 8 April 2021.    

Comments on the proposals and draft legislation can be submitted online or by email to: