The Department of Health and Social Care (DHSC) has published a consultation on proposed amendments to NHS Pension Scheme and NHS Injury Benefits Scheme in England and Wales regulations.

The proposed changes primarily focus on amending regulations relating to equalising survivor benefits and rectifying instances of discrimination on the ground of sexual orientation, following the Goodwin v Secretary of State for Education Employment Tribunal decision.

Additionally, it seeks views on amending regulations to ensure that payments and allowances under the New to Partnership Payments Scheme, introduced in 2020, are treated as non-pensionable earnings for GPs and non-GP providers.

Reforms to the final pay control provisions of the 1995 regulations, as recommended by the NHS Pension Scheme’s Scheme Advisory Board, and miscellaneous amendments to correct minor errors or omissions in the NHS Pension Scheme Regulations and the NHS Injury Benefits Scheme Regulations were also proposed.

In June 2020, the Employment Tribunal decided that the rules on survivor benefits in the Teachers’ Pension Scheme resulted in a female member in an opposite-sex marriage being treated less favourably than a female member in a same-sex marriage or civil partnership, amounting to discrimination on the grounds of sexual orientation.

The DHSC is therefore consulting on amendments to equalise the position of female members in opposite-sex marriages or civil partnerships with that of female members in same-sex marriages or civil partnerships under the 1995 regulations.

It is also proposing amendments to the 1995 regulations to equalise the survivor benefits payable to a male survivor of a female member where the entitlement to benefits arose on or after 5 December 2005, when same-sex civil partnership legislation came into force.

If the amendments are made, some surviving male spouses and civil partners may be entitled to an increased survivor pension, which will in turn have an effect on the position of female members who purchased increased survivor benefits for their male spouse or civil partner.

Where increased benefits are payable to male surviving spouses and civil partners of female members following the proposed amendments, female members who have purchased additional benefits for their male spouse may be entitled to a refund of any additional contributions paid or a further lump sum payment.

The scheme administrator, the NHS Business Services Authority, will review member records to identify and contact the members and recipients of survivor pensions who could benefit from the change. 

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