Request

I would like clarity by means of a freedom of information request whether each of: 1. Base pay +Additional hours (Up to FTE) 2. Weekend allowance 3. Enhanced hours supplement 4. Less than Full allowance elements of pay (of the doctors in training 2016 TCS) are in accordance with NHS pensions scheme rules pensionable or non-pensionable?

Response

Regulation 27 of SI 2015/94 The National Health Service Pension Scheme Regulations 2015 confirms that if an individual is an employee of an NHS organisation (e.g. a Junior Doctor at an NHS Trust) their pensionable pay includes:

“Salary, wages, fees and other regular payments made to M in respect of M's employment but not including—

• bonuses; • payments made to cover expenses; • payments for overtime; or • pay awards or increases which are expressed by the Secretary of State to be non-consolidated.

In the context of the regulations M is a member”.

This means that their normal payment of salary as described by NHS Employers https://www.nhsemployers.org/articles/pay-and-conditions-circulars-medical-and-dental-staff is pensionable, as is any enhancement for working evenings, nights, weekends and Bank Holidays, London Weighting (High Cost Area Supplement), Recruitment and Retention premia, additional hours etc.

Bonuses, payment for overtime, any other one-off payments and unconsolidated pay awards are not pensionable as they do not meet the criteria of the regulation.

NHS Pensions does not have access to any member’s employment package (their basic pay plus any other payments/deductions for salary sacrifice etc.) or their Income Tax arrangements. It is for an employer to confirm an individual member’s pensionable pay (and the relevant contributions that have been paid) to NHS Pensions to allow any member’s pension record to be correctly updated (on an annual basis).

If any member believes that a payment should be pensionable, they should first contact their employer directly.

Please note that this request and our response is published on our Freedom of Information disclosure log at:

https://opendata.nhsbsa.net/dataset/foi-32018