Fortunately, our colleagues at the NHSPS  take a common sense and pragmatic approach that stays within the parameters of the statutory NHS Pension Scheme (NHSPS) regulations. These regulations do offer a certain degree of latitude.
At the moment, GP practices pay the 14.3% employer contributions for type 1 and 2 medical practitioners, whereas it is the PCT that picks up the 14.3% tab for freelance GP locums, and this is where sometimes disputes can arise.
The NHSPS regulations define sessional GPs in the following ways
a GP locum as a GP who “deputises or assists temporarily” in a GP practice under a contract for services, which means fee based/self employed
a type 2 (assistant) medical practitioner as a GP works for a practice or a PCT under a contract for service (i.e. Salaried GP) or under a contract or services (fee based/self–employed).
So there is scope under the NHSPS regulations for a fee based/self-employed GP to be either a GP locum or a type 2 in pension terms. The benefit of being regarded as a type 2 means you’ll get 24/7 NHSPS death in service cover as well as coverage under the NHS Injury Benefits Scheme
Case studies
Dr Jones works under a contract for services at the High Street Practice for a period of 5 months and 3 weeks working between 1 to 5 sessions a week. She then leaves and does not return; she is a ‘GP locum’ in NHS pension terms and the PCT pays the 14% employer’s contribution, subject to Dr Jones completing her locum pension forms on time.
Dr Smith also works under a contract for services at the High Street Practice, and from the outset it is clear that he will be working there for a period of at least 9 months working between 1 to 5 sessions a week. He is ‘type 2’ from day one in NHS pension terms, and the Practice must pay the 14% employer’s contribution from day one. Dr Smith must also be listed on the enclosed so that the PCT can top slice NHSPS contributions on account as they would do for a Salaried GP.
Dr Green also works under a contract for services at the High Street Practice working between 1 to 5 sessions a week however at the outset it is not known how long she will be working there. From day one she is a ‘GP Locum’ in NHS pension terms and the PCT pays the 14% employer’s contribution. However, if she is still working at the Practice after 6 months she must convert to a type 2 and the Practice must pay the 14% ERs. Her pension rights will not be compromised, in fact they improve by virtue of the 24/7 death in service cover and access to the NHS Injury Benefits Scheme.
This information was kindly supplied to the NASGP by the NHSPS
Have you had any problems with practices or PCTs misinterpreting these rules? Let us know in the comments below.
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