The National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment (No. 2) Regulations 2010

(2.L.3) (1) This regulation applies to a Waiting Period Joiner who— (a) is entitled to a lower tier ill-health pension under regulation E2A of the 1995 Regulations (ill-health pension on early retirement) in respect of service in the 1995 Section (“the earlier 1995 Section service”); and (b) becomes entitled to a lower tier ill health pension or, as the case may be, an upper tier ill-health pension under regulation 2.D.8 in respect of service in this Section of the Scheme (“the later 2008 Section service”). (2) For the purposes of determining whether a Waiting Period Joiner can count 45 years of pensionable service for any purpose, the earlier 1995 Section service and the later 2008 Section service are aggregated. (3) A Waiting Period Joiner is entitled to the benefits set out in paragraph (4) if, on the termination of the later 2008 Section service, that Joiner becomes entitled to a lower tier or an upper tier ill-health pension under regulation 2.D.8 (early retirement on ill health (active members and non contributing members)) in respect of that later service. (4) Those benefits are— (a) a lower tier ill-health pension under regulation E2A of the 1995 Regulations in respect of the member’s earlier 1995 Section service; and (b) a lower tier or, as the case may be, an upper tier ill-health pension in respect of the member’s later 2008 Section service. This is subject to paragraph (5). (5) A Waiting Period Joiner is entitled to the benefits set out in paragraph (6) where that Joiner— (a) ceases to be entitled to a lower tier ill-health pension in respect of the earlier 1995 Section service; (b) becomes entitled to an upper tier ill-health pension in respect of that earlier 1995 Section service in accordance with regulation E2B of the 1995 Regulations (re-assessment of ill health condition determined under regulation E2A); and (c) becomes entitled to a lower tier or, as the case may be, an upper tier ill-health pension in respect of the later 2008 Section service on the termination of that later service. (6) Those benefits are— (a) an upper tier ill-health pension paid in accordance with regulation E2B of the 1995 Regulations in respect of the earlier 1995 Section service; and (b) a lower tier ill-health pension in respect of the later 2008 Section service. (2.L.4) (1) This regulation applies to a Waiting Period Joiner who, on the date of that Joiner’s death, is an active or a non-contributing member in respect of service in this Section of the Scheme (“the later 2008 Section service”). (2) The lump sum payable on the death of a Joiner referred to in paragraph (1) shall be calculated in accordance with whichever of paragraphs (3) to (6) applies to that Joiner, and shall be paid in place of the lump sum that, apart from this regulation, would otherwise be payable in respect of that Joiner’s later 2008 Section service under regulation 2.E.17. (3) Where, at the date of the Waiting Period Joiner’s death, that Joiner was an active member who had not reached age 65 and who exercised the option under regulation 2.D.5, the lump sum referred to in paragraph (2) is an amount equal to the annual rate of pension payable under regulation 2.D.8(5), to which that deceased Joiner would have been entitled at that date, multiplied by five. (4) Where, at the date of a Waiting Period Joiner’s death, that Joiner was an active member who had reached age 65 and who had not exercised the option under regulation2.D.5, the lump sum referred to in paragraph (2)(a) is an amount equal to the annual rate of pension payable under regulation 2.D.1 to which the deceased Joiner would have been entitled at that date, multiplied by five. (5) Where, at the date of a Waiting Period Joiner’s death, that Joiner was a non-contributing member who had not exercised the option under regulation 2.D.5, the lump sum referred to in paragraph (2) is an amount equal to the annual rate of pension to which that Joiner would have been entitled under regulation 2.D.1 on the last day of that Joiner’s pensionable service, multiplied by five. (6) Where, at the Waiting Period Joiner’s death, that Joiner was an active member or a non-contributing member who had exercised the option under regulation 2.D.5, the lump sum referred to in paragraph (2) shall be determined by the Scottish Ministers after taking advice from the Scheme actuary. (2.L.5) (1) This regulation applies in respect of a Waiting Period Joiner’s service in this Section of the Scheme, where at the date of that Joiner’s death that Joiner was an active non-contributing pensioner or a deferred member, who was entitled to a pension under the 1995 Regulations in respect of service in the 1995 Section (“the earlier 1995 Section service”). (2) In the case of a deceased Waiting Period Joiner who at the date of the Joiner’s death was an active or non-contributing member, “relevant service” for the purposes of paragraph(4) of regulation 2.E.10 shall have the meaning given in paragraph (3) of this regulation. (3) “Relevant service” means— (a) in the case of a deceased Waiting Period Joiner who, at the date of that Joiner’s death, was an active member, the greater of— (i) the pensionable service that Joiner was entitled to count at that date, increased by the enhancement period (if any) that would have applied for the purposes of regulation 2.D.8(5) if that Joiner had become entitled to an upper tier ill-health pension at that date; and (ii) that Joiner’s later 2008 Section service as an active member plus the difference between— (aa) the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service as an active member; and (bb) 10 years pensionable service, where the amount of service in (aa) is less than that specified in (bb); (b) in the case of a deceased Waiting Period Joiner who at the date of that Joiner’s death was a non-contributing member, the pensionable service that Joiner was entitled to count under this Section of the Scheme on the date of that Joiner’s death. (4) In the case of a deceased Waiting Period Joiner who at the date of that Joiner’s death was a pensioner member, “the basic death pension” for the purposes of paragraph (3) of regulation 2.E.11 shall have the meaning in paragraph (5) of this regulation. (5) The “basic death pension” means the greater of— (a) 75% of the deceased Waiting Period Joiner’s annual pension (disregarding any additional pension); and (b) 75% of the annual pension to which that Joiner would have been entitled in respect of the aggregate of that Joiner’s later 2008 Section service plus the difference between— (i) the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service; and (ii) 10 years pensionable service, where the amount of service in (i) is less than that specified in (ii). (6) In the case of a deceased Waiting Period Joiner, who at the date of that Joiner’s death was a deferred member, “the basic death pension” for the purposes of paragraph (3) of regulation 2.E.12 shall have the meaning given in paragraph (7) of this regulation. (7) The “basic death pension” means— (a) if the deceased Waiting Period Joiner died within 12 months after ceasing to be an active member or a non-contributing member, the amount that would be the basic death pension for the purposes of regulation 2.E.10 if that Joiner had died on the day of so ceasing (disregarding any additional pension); and (b) if the deceased Waiting Period Joiner died more than 12 months after ceasing to be an active member or a non-contributing member, the greater of— (i) 75% of the pension to which that Joiner would have been entitled if that Joiner had become entitled to a pension under regulation 2.D.1 on the date of death (disregarding any additional pension); and (ii) 75% of the annual pension to which that Joiner would have been entitled in respect of the aggregate of that Joiner’s later 2008 Section service that has been deferred plus the difference between— (aa) the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service that has been deferred; and (bb) 10 years pensionable service, where the amount of service in (aa) is less than that specified in (bb).

Amendment of regulation 3.A.1

53

In regulation 3.A.1 (interpretation of Part 3: general)—

• (a) in the definition of “GMS practice”—

• (i) in paragraph (a), after “registered medical practitioner” insert “who is a principal medical practitioner”; and

• (ii) in paragraph (b), after “or more” insert “such”; and

• (b) at the appropriate place in the alphabetical order, insert—

• “Waiting Period Joiner” has the meaning given in regulation 3.L.1;

Amendment of regulation 3.B.1

54

After paragraph (5)(e) of regulation 3.B.1 (eligibility: general), insert—

(f) the person is a deferred member of the 1995 Section who has given notice for the purposes of paragraph (1) or (1A) of regulation B4 of the 1995 Regulations (opting out of the Scheme) and— (i) as a result of that notice has been treated as ceasing to be an active member of that Section; and (ii) pursuant to that notice remains opted-out of that Section for 5 years or more; (g) the person is a deferred member of the 1995 Section who has given notice for the purposes of paragraph (1) or (1A) of regulation B4 of the 1995 Regulations and following that notice, has ceased to be an active member of that Section for any one period of five or more years comprising the aggregate of— (i) any period during which the person leaves NHS employment; and (ii) any period during which the person is treated as never having been an active member of that Section in accordance with paragraph (3) of regulation B4 of those Regulations in respect of one or more later periods of NHS employment entered into after having given the notice for the purposes of paragraph (1) or (1A) of that regulation; (h) the person— (i) has given notice for the purposes of regulation B4 of the 1995 Regulations and as a result of that notice all of that person’s NHS employments ceased to be pensionable employment for the purposes of those Regulations; (ii) is not entitled to a pension (including a deferred pension) under those Regulations; and (iii) has been treated as ceasing to be in pensionable employment under the 1995 Regulations for a period of 12 months or more; (i) the person— (i) has given notice for the purposes of regulation B4 of the 1995 Regulations and as a result of that notice all of that person’s NHS employments ceased to be pensionable employment for the purposes of those Regulations; (ii) is not entitled to a pension (including a deferred pension) under those Regulations; and (iii) has, in respect of the NHS employments referred to in (i), either received a repayment of contributions or exercised the right to a transfer payment under Part M of those Regulations,

Substitution of regulation 3.B.1A

55

For regulation 3.B.1A (eligibility: transitional), substitute—

(3.B.1A) (1) A person is eligible to be an active member of this Section of the Scheme if— (a) the person is not prevented from being so by regulation 3.B.2, 3.B.3 or 3.B.6; and (b) either— (i) the Scottish Ministers have accepted that person’s option to join this Section of the Scheme under Chapter 3.K; or (ii) that person meets all of the requirements in paragraph (2). (2) Those requirements are that the person— (a) is under age 75; (b) was an active member of the 1995 Section on or after 1st April 2008; (c) became a pensioner member of the 1995 Section on or before 1st October 2009; (d) has either— (i) returned to NHS employment since becoming a pensioner member referred to in (c); or (ii) commenced for the first time in NHS employment; and (e) is not eligible to be an active member of the 1995 Section in respect of the employment referred to in (d). This is subject to the following paragraphs of this regulation. (3) A person referred to in paragraph (2) is eligible to be an active member of this Section of the Scheme from the day immediately following the end of Waiting Period A, if that person is entitled to a pension under one of the following regulations of the 1995 Regulations— (a) E1 (normal retirement pension); (b) E2A(3)(a) (lower tier ill-health pension on early retirement); (c) E3A (early retirement pension (redundancy etc. new starters and post-transition)); or (d) E5 (early retirement pension with actuarial reduction). (4) A person referred to in paragraph (2) is eligible to be an active member of this Section of the Scheme from the day immediately following the longer of Waiting Period A and Waiting Period B if that person is entitled to a pension under one of the following regulations of the 1995 Regulations— (a) E2 (early retirement pension (ill health)); or (b) E3 (early retirement pension (redundancy etc.)). (5) If a person referred to in paragraph (2) is entitled to a pension under regulationE2A(3)(b) (upper tier ill-health pension on early retirement), that person shall be eligible to be an active member of this Section of the Scheme from the day immediately following whichever of the following occurs last— (a) the anniversary of that person entering NHS employment; or (b) the end of Waiting Period A. (6) A person referred to in paragraph (1)(b)(i) or (3)(b) and who is entitled to a lower tier ill health pension under regulation E2A(3)(a) of the 1995 Regulations, ceases to be eligible to be an active member of this Section of the Scheme from the date the Scottish Ministers make a determination that that person is entitled to an upper tier ill-health pension in place of that lower tier ill-health pension under regulation E2B(3) of those Regulations (re-assessment of ill-health condition determined under regulation E2A). (7) For the purposes of this paragraph— (a) “Waiting Period A” is a period of two calendar years beginning on the day the person becomes entitled to the pension under the 1995 Regulations; and (b) “Waiting Period B” is a period beginning on the day the person becomes entitled to the pension under the 1995 Regulations equal to the calendar length of— (i) any increase to the person’s pensionable service in the 1995 Section of the Scheme which has been applied in accordance with paragraph (3) of regulation E2 of the 1995 Regulations; or (ii) any additional service with which the person has been credited in accordance with regulation 5 of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003[^f00013]. (8) This regulation applies to any person who has previously been an active member of a corresponding 1995 scheme as though any reference to— (a) the “1995 Section” includes a reference to that corresponding 1995 scheme; (b) the “1995 Regulations” includes a reference to any regulations, orders, rules or other instruments governing that corresponding 1995 scheme; (c) regulations “E1”, “E2”, “E2A”, “E2B(3)”, “E3”, “E3A”, “E3A(3)(a)”, “E3A(3)(b)” or “E5” includes the equivalent of those regulations in a health service scheme the provisions of which correspond to the 1995 Regulations; and (d) “regulation 5 of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003” includes the equivalent of that regulation as it applies to a member of a corresponding 1995 scheme.

Amendment of regulation 3.B.2

56

For paragraph (1) of regulation 3.B.2 (restrictions on eligibility: general), substitute—

(1) A person is not eligible to be an active member of this Section of the Scheme if the person— (a) became a pensioner member of the 1995 Section or a corresponding 1995 scheme on, or before, 1st April 2008 (except if paragraph (1)(b)(i) of regulation 3.B.1A applies to that person); or (b) became a pensioner member of the 1995 Section or a corresponding 1995 scheme on, or after, that date (except if paragraph (1)(b)(i) or (ii) of regulation 3.B.1A applies to that person); or (c) is a deferred member of the 1995 Section or a corresponding 1995 scheme, but is not a deferred member— (i) to whom regulation 3.B.1(5)(d), (e), (f) or (g) applies; and (ii) in respect of whom permission of the Scottish Ministers to rejoin the 1995 Section has not been granted pursuant to regulation B2(3) of that Section.

Amendment of regulation 3.C.1

57

In paragraph (1) of regulation 3.C.1 (contributions by members), after “scheme” insert “(“member contributions”)”.

Amendment of regulation 3.C.2

58

• (1) Regulation 3.C.2 (members’ contribution rate) is amended as follows.

• (2) For paragraphs (1) to (4), substitute—

(1) Contributions under regulation 3.C.1(1) must be paid at the member’s contribution rate for the scheme year in question. (2) A member’s contribution rate is the percentage specified in column 2 of the relevant table in paragraph (14) in respect of the corresponding pensionable earnings band specified in column 1 of that table into which the member’s pensionable earnings fall. (3) The Scottish Ministers shall, with the consent of the Treasury, determine the pensionable earnings bands and contribution rates specified in the relevant table in respect of each scheme year. (4) Before determining those pensionable earnings bands or contribution rates, the Scottish Ministers must consider— (a) the advice of the scheme actuary; and (b) in accordance with regulation 1.B.2 (cost sharing), advice from such employee and employer representatives as the Scottish Ministers consider appropriate.

• (3) In paragraphs (5) and (6), for “the table in paragraph (2)” substitute “the relevant table in paragraph (14)”.

• (4) After paragraph (13), insert—

(14) For the purposes of this regulation “the relevant table” means— (a) in respect of the 2009-2010 scheme year, table 1; (b) in respect of the 2010-2011 and any later scheme year, table 2

Column 1	Column 2
Pensionable earnings band	Contribution percentage rate
Up to £20,709	5%
£20,710 to £68,392	6.5%
£68,393 to £107,846	7.5%
£107,847 to any higher amount	8.5%
Column 1	Column 2
---	---
Pensionable earnings band	Contribution percentage rate
Up to £21,175	5%
£21,176 to £69,931	6.5%
£69,932 to £110,273	7.5%
£110,274 to any higher amount	8.5%

Amendment of regulation 3.C.3

59

• (1) Regulation 3.C.3 (contributions by employing authorities: general) is amended as follows.

• (2) For paragraph (1), substitute—

(1) Each employing authority must contribute to the scheme, in respect of the pensionable earnings of each person who is an active member of the scheme in an employment with the authority, at the rate determined by the Scottish Ministers and specified in paragraph (5) (“the employer’s standard rate”).

Substitution of regulation 3.C.15

60

For regulation 3.C.15 (revaluation of increases bought under options: members’ pensions), substitute—

(3.C. 15) (1) Where an option under regulation 3.C.6, 3.C.8 or 3.C.9 has been exercised, the final amount of the increase in a member’s pension immediately before the beginning date for that pension shall be determined in accordance with this regulation. (2) Where the increase in pension is in respect of an option that was exercised less than 2months before the increase becomes payable, the final amount is calculated in accordance with paragraph (4). (3) Where the increase in pension is in respect of an option that was exercised 2 or more months before the increase in pension becomes payable, the final amount is calculated in accordance with paragraph (5). (4) The calculation referred to in paragraph (2) is as follows—

Step 1 –	Calculate the basic amount of the increase in accordance with regulations 3.C.12 to 3.C.14, to find the Step 1 amount.
Step 2 –	Add to the Step 1 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step 1 amount when it first falls into payment, to find the Step 2 amount.
Step 3 –	Divide the Step 2 amount by the Step 1 amount, to find the Step 3 factor.
Step 4 –	Divide the Step 1 amount by the Step 3 factor to find the final amount referred to in paragraph (1).

(5) The calculation referred to in paragraph (3) is as follows—

Step 1 –	Calculate the basic amount of the increase in accordance with regulations 3.C.12 to 3.C.14, to find the Step 1 amount.
Step 2 –	Multiply the Step 1 amount by the retail prices index for the second month before the month in which the increase in pension will become payable, to find the Step 2 amount.
Step 3 –	Divide the Step 2 amount by the retail prices index for the month in which the option was exercised, to find the Step 3 amount.
Step 4 –	Take the greater of the Step 1 amount and Step 3 amount, to find the Step 4 amount.
Step 5 –	Add to the Step 4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step 4 amount when it first falls into payment, to find the Step 5 amount.
Step 6 –	Divide the Step 5 amount by the Step 4 amount, to find the Step 6 factor.
Step 7 –	Divide the Step 4 amount by the Step 6 factor to find the final amount referred to in paragraph (1).

(6) In this regulation, “the beginning date”, in relation to a pension, means the date on which it is treated as beginning for the purposes of the Pensions (Increase) Act 1971 (see section 8(2) of that Act).

Amendment of regulation 3.D.2

61

In regulation3.D.2 (pension credit members)—

• (a) in paragraph(2) at the start, add “Subject to paragraph(5),”;

• (b) after paragraph (4) insert—

(5) A pension credit member who has not reached the age of65 is entitled to immediate payment of a reduced pension payable for life if the pension credit member has— (a) reached the age of 55; and (b) claimed the payment of the pension. (6) The amount of the annual pension under paragraph(5)— (a) is first calculated as mentioned in paragraph(3) of this regulation; and (b) then that amount is reduced by such amount as the Scottish Ministers determine, after consulting the scheme actuary, to be appropriate by reason of the payment of the pension before the member reaches65. (7) A claim under paragraph(5) must be made by notice in writing in such form as the Scottish Ministers require and takes effect from the date specified in the claim as the date on which the pension is to become payable.

Amendment of regulation 3.D.7

62

After paragraph (18) of regulation 3.D.7 (early retirement on ill-health (active members and non-contributing members)), insert—

(19) In the case of a Waiting Period Joiner, this regulation is subject to regulation3.L.3 (waiting period joiners who are in receipt of a lower tier ill-health pension under RegulationE2A of the 1995 Regulations).

Amendment of regulation 3.D.10

63

In regulation3.D.10 (general option to exchange part of pension for lump sum), in paragraph(1) for “other than a pension credit member”, substitute “(other than a pension credit member whose rights under the Scheme are attributable to a disqualifying pension credit for the purpose of paragraph2 of Schedule29 to the 2004 Act)”.

Amendment of regulation 3.D.11

64

In regulation3.D.11 (option for members in serious ill-health to exchange whole pension for lump sum), for paragraph(5) substitute—

(5) A pension credit member who exercises the option is to be paid, as soon as reasonably practicable and before reaching the age of75, an amount equal to the sum of— (a) the maximum lump sum (if any) to which the pension credit member could have become entitled on exercising the option under regulation3.D.10 at the appropriate time, and (b) the total annual amount of the pension to which the pension credit member is entitled under regulation3.D.2 after exercising that option, multiplied by5.

Omission of regulation 3.D.13

65

Omit regulation3.D.13 (pension credit member’s rights).

Amendment of regulation 3.E.2

66

After paragraph (3) of regulation 3.E.2 (meaning of “surviving nominated partner”), insert—

(4) In the case of a Waiting Period Joiner, this regulation is subject to regulation 3.L.2. (nominations and notices accepted by the Scottish Ministers under the 1995 Regulations and Chapter 3.E of these Regulations).

Amendment of regulation 3.E.10

67

In paragraph (3) of regulation 3.E.10 (amount of children’s pension under regulation 3.E.8: deceased active members and deceased non-contributing members), after “3.K.23 (children’s pensions payable on the death of a 2008 Section Optant who is in receipt of a lower tier ill health pension under regulation E2A of the 1995 Section)” (in the full out words) insert “and in the case of a Waiting Period Joiner, this is subject to regulation 3.L.5. (children’s pensions payable on the death of a Waiting Period Joiner)”.

Amendment of regulation 3.E.11

68

In paragraph (3) of regulation 3.E.11 (amount of children’s pension under regulation 3.E.8: deceased pensioner members), after “3.K.23” (in the full out words) insert “(children’s pensions payable on the death of a 2008 Section Optant who is in receipt of a lower tier ill health pension under regulation E2A of the 1995 Regulations) and, in the case of a Waiting Period Joiner, it is subject to regulation3.L.5. (children’s pensions payable on the death of a Waiting Period Joiner).”.

Amendment of regulation 3.E.12

69

In paragraph (3A) of regulation 3.E.12 (amount of children’s pension under regulation 3.E.8: deceased deferred members) after “3.K.23” insert “(children’s pensions payable on the death of a 2008 Section Optant who is in receipt of a lower tier ill health pension under regulation E2A of the 1995 Regulations) and, in the case of a Waiting Period Joiner, it is subject to regulation3.L.5 (children’s pensions payable on the death of a Waiting Period Joiner).”.

Amendment of regulation 3.E.17

70

In paragraph (1A) of regulation 3.E.17 (amount of lump sum: single capacity members and recent leavers (disregarding regulation 3.D.5 employments)) after “3.K.22 (lump sum payable on the death of a 2008 Section Optant who is in receipt of a lower tier ill health pension under regulation E2A of the 1995 Section)” insert “and in the case of a Waiting Period Joiner, paragraph (1) is subject to regulation 3.L.4. (lump sum payable on the death of a Waiting Period Joiner).”.

Amendment of regulation 3.E.21

71

After paragraph (12) of regulation 3.E.21 (payment of lump sums or pensions on death), insert—

(13) In the case of a Waiting Period Joiner, this regulation is subject to regulation3.L.2. (nominations and notices accepted by the Scottish Ministers under the 1995 Regulations and chapter 3.E. of these Regulations.

Amendment of regulation 3.H.4

72

In regulation 3.H.4 (meaning of “relevant income”), after paragraph (5), insert—

(5A) The resulting reduction in the pension is taken into account for the purposes of this regulation if the employed pensioner— (a) exercised the option under regulation 3.D.14 (election to allocate pension) in relation to the old service pension; or (b) is a 2008 Section Optant who was entitled to a lump sum under regulation 3.K.11 (amount of pension and lump sum to be paid to a 2008 Section Optant) in relation to the old service pension.

Amendment of regulation 3.K.1

73

In paragraph (1) of regulation 3.K.1 (application of Chapter 3.K), after sub-paragraph (b), insert—

(c) are pensioner members of the 1995 Section in respect of a pension payable under regulation E3 or E3A of the 1995 Regulations (which deal with an early retirement pension on the grounds of redundancy and an early retirement pension on termination of employment by employing authority, respectively).

Amendment of regulation 3.K.2

74

In regulation 3.K.2 (options for 1995 Section members to join this Section under Chapter3.K)—

• (a) in paragraph (9), after “1995 Section if” insert “either paragraph (9A) applies to that person or that person satisfies all of the following”;

• (b) after paragraph (9), insert—

(9A) This paragraph applies to a person who— (a) has ceased to pay contributions in accordance with paragraph (3) or paragraph (4) of regulation D1 of the 1995 Regulations (contributions by members); (b) is continuing in NHS employment; and (c) exercises the option before the end of the four month period beginning with the comparative statement issue date.

; and

• (c) in paragraph (13), for “(4) and (9)” substitute “(4), (9) and (9A).”.

Amendment of regulation 3.K.8

75

In paragraph 1 of regulation 3.K.8 (pension debit members), for “his” substitute “This”.

New Chapter 3.L

76

After Chapter 3.K (2008 Section Optants), insert—

(3.L.1) (1) This Chapter makes provision in relation to pensioner members of the 1995 Section of the Scheme who are eligible to be members of this Section of the Scheme in accordance with paragraph (1)(b)(ii) of regulation 3.B.1A (eligibility: transitional). (2) A member of this Section of the Scheme to whom this Chapter applies is referred to as a “Waiting Period Joiner”. (3.L.2) (1) This regulation applies if— (a) on the day a Waiting Period Joiner becomes an active member of this Section of the Scheme— (i) the Scottish Ministers have accepted any of the nominations or notices specified in paragraph (2) of this regulation in respect of the benefits to be paid on the death of that Waiting Period Joiner; and (ii) that Waiting Period Joiner has not revoked that nomination or notice; or (b) at any time after a Waiting Period Joiner becomes an active member of this Section of the Scheme, that Waiting Period Joiner gives a notice, nomination or declaration for the purposes of a regulation listed in the table at paragraph (4). (2) The nominations and notices referred to in paragraph (1)(a) are— (a) a nomination made in accordance with regulation F5 of the 1995 Regulations (payment of lump sum) in favour of one or more persons in respect of any lump sum that becomes payable under regulations F1 to F4 of the 1995 Regulations (which deal with lump sum payments on the death of a member in different circumstances); (b) a notice provided for the purposes of paragraph (3)(a) of regulation F5 of the 1995 Regulations that the person’s surviving partner (within the meaning of that regulation) is not to receive the payment of any lump sum that becomes payable under regulations F1 to F4 of the 1995 Regulations; (c) a notice provided for the purpose of regulation G14 of the 1995 Regulations (surviving nominated partner’s pension) nominating a partner to receive a surviving nominated partner pension. (3) For the purpose of this Section of the Scheme a nomination or notice referred to in paragraph (1)(a) shall be treated— (a) in the case of the nomination referred to in paragraph (2)(a), as if that nomination has been accepted by the Scottish Ministers as a notice for the purposes of regulation 3.E.21; (b) in the case of a notice referred to in paragraph (2)(b), as if that notice had been accepted by the Scottish Ministers as a notice for the purposes of regulation 3.E.21 specifying that the Waiting Period Joiner’s personal representatives are to receive any lump sum or pension on the death of that Joiner; and (c) in the case of a notice referred to in paragraph (2)(c), as if that notice had been accepted by the Scottish Ministers as a declaration for the purposes of regulation3.E.2. (4) A notice, nomination or declaration referred to in paragraph (1)(b) that is given by a Waiting Period Joiner for the purposes of a regulation listed in column 1 of the following table shall be treated as a notice, nomination or declaration given for the purposes of the corresponding regulation in column 2.

Column 1	Column 2
1995 Regulations	2008 Regulations
F5	2.E.21
G14	2.E.2

(3.L.3) (1) This regulation applies to a Waiting Period Joiner who— (a) is entitled to a lower tier ill-health pension under regulation E2A of the 1995 Regulations (ill-health pension on early retirement) in respect of service in the 1995 Section (“the earlier 1995 Section service”); and (b) becomes entitled to a lower tier ill-health pension or, as the case may be, an upper tier ill health pension under regulation 3.D.7 in respect of service in this Section of the Scheme (“the later 2008 Section service”). (2) For the purposes of determining whether a Waiting Period Joiner can count 45 years of pensionable service for any purpose, the earlier 1995 Section service and the later 2008 Section service are aggregated. (3) A Waiting Period Joiner is entitled to the benefits set out in paragraph (4) if, on the termination of the later 2008 Section service, that Joiner becomes entitled to a lower tier or an upper tier ill-health pension, under regulation 3.D.7, in respect of that later 2008 Section service. (4) Those benefits are— (a) a lower tier ill-health pension under regulation E2A of the 1995 Regulations in respect of the member’s earlier 1995 Section service; and (b) a lower tier or, as the case may be, an upper tier ill-health pension in respect of the member’s later 2008 Section service. This is subject to paragraph (5). (5) A Waiting Period Joiner is entitled to the benefits set out in paragraph (6) where that Joiner— (a) ceases to be entitled to a lower tier ill-health pension in respect of the earlier 1995 Section service; (b) becomes entitled to an upper tier ill-health pension in respect of that earlier 1995 Section service in accordance with regulation E2B of the 1995 Regulations (re-assessment of ill health condition determined under regulation E2A); and (c) becomes entitled to a lower tier or, as the case may be, an upper tier ill-health pension in respect of the later 2008 Section service on the termination of that later service. (6) Those benefits are— (a) an upper tier ill-health pension paid in accordance with regulation E2B of the 1995 Regulations in respect of the earlier 1995 Section service; and (b) a lower tier ill-health pension in respect of the later 2008 Section service. (3.L.4) (1) This regulation applies to a Waiting Period Joiner who, on the date of that Joiner’s death, is an active or a non-contributing member in respect of service in this Section of the Scheme (“the later 2008 Section service”). (2) The lump sum payable on the death of a Joiner referred to in paragraph (1) shall be calculated in accordance with whichever of paragraphs (3) to (6) applies to that Joiner and shall be paid in place of the lump sum that, apart from this regulation, would otherwise be payable in respect of that Joiner’s later 2008 Section service under regulation 3.E.17. (3) Where, at the date of the Waiting Period Joiner’s death, that Joiner was an active member who had not reached age 65 and who had not exercised the option under regulation3.D.5, the lump sum referred to in paragraph (2) is an amount equal to the annual rate of pension payable under regulation 3.D.7(5) to which that deceased Joiner would have been entitled at that date multiplied by five. (4) Where, at the date of the Waiting Period Joiner’s death, that Joiner was an active member who had reached the age of 65, and who had not exercised the option under regulation 3.D.5, the lump sum referred to in paragraph (2) is an amount equal to the annual rate of pension payable under regulation 3.D.1 to which that deceased Joiner would have been entitled at that date multiplied by five. (5) Where, at the date of a Waiting Period Joiner’s death, that Joiner was a non-contributing member who had not exercised the option under regulation 3.D.5, the lump sum referred to in paragraph (2) is an amount equal to the annual rate of pension to which that Joiner would have been entitled under regulation 3.D.1 on the last day of that Joiner’s pensionable service, multiplied by five. (6) Where, at the date of a Waiting Period Joiner’s death, that Joiner was an active member or a non-contributing member who had exercised the option under regulation3.D.5, the lump sum referred to in paragraph (2)(a) shall be determined by the Scottish Ministers after taking advice from the scheme actuary. (3.L.5) (1) This regulation applies to a Waiting Period Joiner’s service in this Section of the Scheme where at the date of that Joiner’s death, that Joiner was an active non contributing pensioner or deferred member who was entitled to a pension under the 1995 Regulations in respect of service in the 1995 Section (“the earlier 1995 Section service”). (2) In the case of a deceased Waiting Period Joiner who, at the date of that Joiner’s death, was an active or non-contributing member, “the basic death pension” for the purposes of paragraph (3) of regulation 3.E.10 shall have the meaning given in paragraph (3) of this regulation. (3) The “basic death pension” means twice the appropriate proportion of the deceased member’s pension under regulation 3.D.1 and— (a) in the case of a deceased Waiting Period Joiner who was, at the date of that Joiner’s death, an active member that pension will include the greater of— (i) any increase due to such enhancement period that would have applied for the purposes of regulation 3.D.7(5) if that Joiner had become entitled to an upper tier ill-health pension at that date; and (ii) that Joiner’s later 2008 Section service as an active member plus the difference between— (aa) the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service as an active member; and (bb) 10 years pensionable service, where the amount of service in (aa) is less than that specified in (bb); (b) in the case of a deceased Waiting Period Joiner who was, at the date of that Joiner’s death a non-contributing member, the pensionable service that Joiner was entitled to count under this Section of the Scheme on the date of that Joiner’s death. (4) In the case of a deceased Waiting Period Joiner who was a pensioner member at the date of that Joiner’s death, “the basic death pension” for the purposes of paragraph(3) of regulation 3.E.11 shall have the meaning given in paragraph (5) of this regulation. (5) The “basic death pension” means the greater of— (a) twice the appropriate proportion of the deceased Waiting Period Joiner’s annual pension (disregarding any additional pension); and (b) twice the appropriate proportion of the annual pension (disregarding any additional pension) to which that Joiner would have been entitled calculated as the aggregate of that Joiner’s later 2008 Section service plus the difference between— (i) the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service; and (ii) 10 years pensionable service, where the amount of service in (i) is less than that specified in (ii). (6) In the case of a deceased Waiting Period Joiner who was a deferred member at the time of that Joiner’s death, “the basic death pension” for the purposes of paragraph (3) of regulation 3.E.12 shall have the meaning given in paragraph (7) of this regulation. (7) The “basic death pension” means— (a) if the deceased Waiting Period Joiner died within 12 months of the day that Joiner ceased to be an active member or a non-contributing member (the cessation date), the amount that would be the basic death pension for the purposes of regulation3.E.10 if that Joiner had died on the cessation date (disregarding any additional pension); and (b) if the deceased Waiting Period Joiner died more than 12 months after ceasing to be an active member or a non-contributing member, the greater of— (i) twice the appropriate proportion of the pension to which that Joiner would have been entitled if the deceased had become entitled to a pension under regulation 3.D.1 on the date of death (disregarding any additional pension); and (ii) twice the appropriate proportion of the annual pension to which that Joiner would have been entitled in respect of the aggregate of that Joiner’s later 2008 Section service that has been deferred plus the difference between— (aa) the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service that has been deferred; and (bb) 10 years pensionable service, where the amount of service in (aa) is less than that specified in (bb).

PART 4 — Amendment of the National Health Service (Superannuation Scheme, Pension Scheme, Inquiry Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010

Amendment of Schedule 1

77

In the National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010[^f00014], Part 2 of Schedule 1 is omitted.

PART 5 — Amendment of the National Health Service (Scotland) (Injury Benefits) Regulations1998

Amendment of Regulation 2

78

• (1) The National Health Service (Scotland) (Injury Benefits) Regulations 1998[^f00015] are amended as follows.

• (2) In regulation 2 (interpretation), at the appropriate place in the alphabetical order, substitute the following definitions—

• “GMS contract” has the meaning given in regulation A2 of the Superannuation Scheme Regulations or, as the case may be, regulation 3.A.1 of the 2008 Regulations;

• “GP performer” has the meaning given in regulation A2 of the Superannuation Scheme Regulations or, as the case may be, regulation 3.A.1 of the 2008 Regulations;

• “GP provider” has the meaning given in regulation A2 of the Superannuation Scheme Regulations or, as the case may be, regulation 3.A.1 of the 2008 Regulations;

• “HBPMS contract” has the meaning given in regulation A2 of the Superannuation Scheme Regulations or, as the case may be, regulation 3.A.1 of the 2008 Regulations;

; and

• “practitioner” means, in relation to a person who is or is eligible to be a member of the scheme set out in the Superannuation Scheme Regulations or 2008 Regulations, a person, other than a locum practitioner— to whom regulation R1(1) or (2) of the 1995 Regulations applies (or would apply if he had been a member of the Scheme at the date he sustains an injury, or contracts a disease, to which these Regulations apply); who in the case of a medical practitioner, is a GP provider or a GP performer under a GMS contract, a Section 17C agreement or an HBPMS contract or arrangements to provide services under Section 2C of the 1978 Act;

PART 6 — Amendment of the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998

Amendment of the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998

79

• (1) The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998[^f00016] are amended as follows.

• (2) At the end of paragraph (1) of regulation 3 (making and acceptance of elections), insert (as full out words) “Paragraph (1)(a) is subject to regulation 11(1A).”.

• (3) In paragraph (1) of regulation 9 (inward transfers: mis-sold pensions), after “opting into” insert “this Section of”.

• (4) In regulation 11 (retirement and dependants’ pensions)—

• (a) in paragraph (1), after “Subject to paragraph”, insert “(1A) and”;

• (b) after paragraph (1), insert—

(1A) Paragraphs (1B) to (1E) apply where the proceeds of any investment made under regulation 7(1), 8(2) or 9(4) are insufficient for the authorised fund to provide benefits in accordance with paragraph (1), and the participator is unwilling or unable to secure benefits in accordance with that paragraph from another insurer. (1B) In the case of a single authorised fund, that fund may discharge its liability for the payment of the benefits described in paragraph (1) by the payment of a lump sum that complies with the conditions in paragraph (1E). (1C) In the case of more than one authorised fund, each such fund may discharge its liability for the payment of the benefits described in paragraph (1), by the payment of a lump sum. (1D) Where paragraph (1C) applies, the lump sums referred to in that paragraph must (in aggregate) comply with the conditions in paragraph (1E). (1E) Those conditions are that the lump sum or sums— (a) represent the capital value of the benefits referred to in paragraph (1); and (b) meet the requirements of regulation 12 of the Registered Pension Schemes (Authorised Payments) Regulations 2009[^f00017] (payments by larger pension schemes).

• (c) at the beginning of paragraph (3), insert “Subject to paragraph (1A),”;

• (d) at the beginning of paragraph (5), insert “Subject to paragraph (1A),”; and

• (e) in paragraph (7), omit “and paragraph 19 of the Schedule 1.”.

• (5) In regulation 15 (payments by Secretary of State)—

• (a) for paragraph (1), substitute—

(1) Subject to paragraph (2), where an authorised provider fails to pay any amount due by way of— (a) an annuity; (b) a pension commencement lump sum; (c) a lump sum death benefit; or (d) a lump sum payment referred to in regulation 11(1B) or (1C), the Scottish Ministers shall be liable to pay that amount.

• (b) in paragraph (3), for “regulation 11(4), or under regulations” substitute “regulations 11(1B), 11(1C), 11(4)”; and

• (c) in paragraph (4), before “11(8)” insert “11(1B), 11(1C)”.

• (6) After paragraph 4(8) of Schedule 2 (pension sharing on divorce or nullity of marriage or dissolution or nullity of civil partnership) insert—

(9) This paragraph is subject to regulation 11(1A).

PART 7 — Miscellaneous

Option to persons detrimentally affected by these Regulations

80

• (1) This regulation applies in relation to any benefit which is being paid or may become payable under the regulations amended by these Regulations to or in respect of a person who, having served in an employment or office, service in which qualified the person to participate in the benefits provided under the regulations amended by these Regulations, ceased to serve therein before these Regulations came into force.

• (2) Where, in a case to which this regulation applies, any provision of these Regulations would operate in relation to any person so as to place that person in a worse position than that person would have been if that provision had not applied, that person may elect that the provision shall not apply by giving notice in accordance with paragraph (3).

• (3) A notice given pursuant to paragraph (2) shall be in writing and shall be delivered to the Scottish Ministers within 6 months of the coming into force of these Regulations or such longer period as the Scottish Ministers may allow.

• (4) An election pursuant to paragraph (2) shall have effect in relation to the benefit referred to in paragraph (1) only to the extent that such benefit has accrued by virtue of periods of service rendered prior to the cessation referred to in paragraph (1) (or, if there has been more than one such cessation, the last of them before the coming into force of these Regulations) and in determining entitlement to, and the amount of, the benefit to that extent, such person shall be treated as if that person had never recommenced service at any time after that cessation (or, as the case may be, the last such cessation).

SCHEDULE — AMENDMENTS

In the following provisions of the National Health Service Superannuation Scheme (Scotland) Regulations 1995, for “2008 scheme” substitute “2008 Section”—

regulation
A2 in the definition of “2008 scheme”.
B2(1)(g)(iii) and (2)
E6(14)(c) in the definition of “NHS employment”
M6A cross heading
M6A(1), (3)(c), (7)(a), (12), (14)(a) (twice) and (14)(b)

Signed

JOHN SWINNEY — A member of the Scottish Executive — 29th September 2010

We consent

MICHAEL FABRICANT — ANGELA WATKINSON — Two of the Lord’s Commissioners of Her Majesty’s Treasury — 19th October 2010

Editorial notes

[^key-09157ac183f969468458d78ef126a713]: Reg. 1 in force at 17.11.2010, see reg. 1(2)

[^key-1983bc4dcf999c04a20081a96b901dac]: Reg. 2 in force at 17.11.2010, see reg. 1(2)

[^key-30b4b8dbf1faef4ae58a17065c2fbe2c]: Reg. 3 in force at 17.11.2010, see reg. 1(2)

[^key-a050f4d31d0b278a1736d9ab3eefe63b]: Reg. 4 in force at 17.11.2010, see reg. 1(2)

[^key-df9540c122b610efdbb421382127487c]: Reg. 5 in force at 17.11.2010, see reg. 1(2)

[^key-7b16181c216e11effd7acc7eb5020526]: Reg. 6 in force at 17.11.2010, see reg. 1(2)

[^key-47e9319769980f79cbc7a2cc1812fdc0]: Reg. 7 in force at 17.11.2010, see reg. 1(2)

[^key-97cdfc74c672a1c70bc5bfec08d0d573]: Reg. 8 in force at 17.11.2010, see reg. 1(2)

[^key-81a9bd6e6f6397a9c88e21b3c6a44ef3]: Reg. 9 in force at 17.11.2010, see reg. 1(2)

[^key-5313c15cfa988bd91811b3e2e335fc2b]: Reg. 10 in force at 17.11.2010, see reg. 1(2)

[^key-dd8783b057239a923f40d54ff5cd50be]: Reg. 11 in force at 17.11.2010, see reg. 1(2)

[^key-eb58792e985cd73bb4a2f18300225fd9]: Reg. 12 in force at 17.11.2010, see reg. 1(2)

[^key-c52e2555deebd828f72055ac0bf3bb6d]: Reg. 13 in force at 17.11.2010, see reg. 1(2)

[^key-7e249dad4269a79dc355eaaed4ccad58]: Reg. 14 in force at 17.11.2010, see reg. 1(2)

[^key-7908fb37c08fc6a95f12b041b9373f51]: Reg. 15 in force at 17.11.2010, see reg. 1(2)

[^key-807d99caae28f779d138ce09b8e0b5bd]: Reg. 16 in force at 17.11.2010, see reg. 1(2)

[^key-f2e585d4b1ebd367d0a6638ada048687]: Reg. 17 in force at 17.11.2010, see reg. 1(2)

[^key-6d22ae0c41906000ac44e0aeb898dde7]: Reg. 18 in force at 17.11.2010, see reg. 1(2)

[^key-224a7349fe2f7c4e5e33a1473f40ffea]: Reg. 19 in force at 17.11.2010, see reg. 1(2)

[^key-a96ec8b75d7f2d4891195f0f10742581]: Reg. 20 in force at 17.11.2010, see reg. 1(2)

[^key-17da2cb1c3cc409c1371b3b12db1dd83]: Reg. 21 in force at 17.11.2010, see reg. 1(2)

[^key-4edbc5fe3b57eba1060103e3bd68340d]: Reg. 22 in force at 17.11.2010, see reg. 1(2)

[^key-23a700a70db3609c88ea397da4e5319c]: Reg. 23 in force at 17.11.2010, see reg. 1(2)

[^key-d275d41941c09637c25482127a86c29a]: Reg. 24 in force at 17.11.2010, see reg. 1(2)

[^key-4482f5e4e6767d15ae0aa429a5f3f943]: Reg. 25 in force at 17.11.2010, see reg. 1(2)

[^key-d2dfd282ee1bfe6e06ffcc0a10331407]: Reg. 26 in force at 17.11.2010, see reg. 1(2)

[^key-1b70a68cfb16e7f3e23bcd79cf5a22c0]: Reg. 27 in force at 17.11.2010, see reg. 1(2)

[^key-f41efef10c0036274aab3bdf68fdf0cf]: Reg. 28 in force at 17.11.2010, see reg. 1(2)

[^key-bdcda9f8efd7011856cfd5e9ff8e71b8]: Reg. 29 in force at 17.11.2010, see reg. 1(2)

[^key-ec65865eecfa533d4c40a8d0029766b3]: Reg. 30 in force at 17.11.2010, see reg. 1(2)

[^key-c20e7d42acd79f1dba6d617f7d3ae6c4]: Reg. 31 in force at 17.11.2010, see reg. 1(2)

[^key-a695b54ce7e26683445793d610cbedc0]: Reg. 32 in force at 17.11.2010, see reg. 1(2)

[^key-916baaadb20f47a36eb994bd19bb9870]: Reg. 33 in force at 17.11.2010, see reg. 1(2)

[^key-426383a5e0034789ffe18ddee70d37bb]: Reg. 34 in force at 17.11.2010, see reg. 1(2)

[^key-a00732447af2c1f6bc2e334cf03581fa]: Reg. 35 in force at 17.11.2010, see reg. 1(2)

[^key-6938f8f75a93ac7a5927d895cda6d484]: Reg. 36 in force at 17.11.2010, see reg. 1(2)

[^key-c6708eaec7d58a58e980b4cb1a7809c9]: Reg. 37 in force at 17.11.2010, see reg. 1(2)

[^key-eb57eae7aca7957005429314001323cc]: Reg. 38 in force at 17.11.2010, see reg. 1(2)

[^key-83d974d53290d1a6189db50257d96b75]: Reg. 39 in force at 17.11.2010, see reg. 1(2)

[^key-01a32b658f9044c78f372a27731e6d88]: Reg. 40 in force at 17.11.2010, see reg. 1(2)

[^key-54ea2065f29cdf7d7482af947fabe17d]: Reg. 41 in force at 17.11.2010, see reg. 1(2)

[^key-ddebe3b4efcf73aebd8a303fe29242a9]: Reg. 42 in force at 17.11.2010, see reg. 1(2)

[^key-9e2e8f98c0221f73755ee6f4b38090f1]: Reg. 43 in force at 17.11.2010, see reg. 1(2)

[^key-6133d65808754145374ab3f1cd288098]: Reg. 44 in force at 17.11.2010, see reg. 1(2)

[^key-41eff1f46cb578c9dd7bc7d108d5a64d]: Reg. 45 in force at 17.11.2010, see reg. 1(2)

[^key-7fd8ecc38063e633b0cceeb3a02e877e]: Reg. 46 in force at 17.11.2010, see reg. 1(2)

[^key-e4c00707d7ed14a603b87f9bfcd29978]: Reg. 47 in force at 17.11.2010, see reg. 1(2)

[^key-23ba671339e775624e435dea691d3598]: Reg. 48 in force at 17.11.2010, see reg. 1(2)

[^key-4af9dbf4a17e79a833a8b4db425e0d14]: Reg. 49 in force at 17.11.2010, see reg. 1(2)

[^key-f5e3c8e9e7ec58ac51599dfec87c3a68]: Reg. 50 in force at 17.11.2010, see reg. 1(2)

[^key-3a6be9764219f5e1b493673577e329fd]: Reg. 51 in force at 17.11.2010, see reg. 1(2)

[^key-b3f8619c40e4574745b620de72b8d8bf]: Reg. 52 in force at 17.11.2010, see reg. 1(2)

[^key-e5177714c191a972cb55f19d8646223d]: Reg. 53 in force at 17.11.2010, see reg. 1(2)

[^key-6a0b5e1e5e2907ebf08c29f7e1df1ac4]: Reg. 54 in force at 17.11.2010, see reg. 1(2)

[^key-bcbeb8caa298e651947ba3d0dd65f77e]: Reg. 55 in force at 17.11.2010, see reg. 1(2)

[^key-9635a8d9064b47bd7db4fa9a6bc09f17]: Reg. 56 in force at 17.11.2010, see reg. 1(2)

[^key-c78cb831fe034b849d5d52561e22d156]: Reg. 57 in force at 17.11.2010, see reg. 1(2)

[^key-aacb52811e4f97be3036af2f261111e0]: Reg. 58 in force at 17.11.2010, see reg. 1(2)

[^key-6b827f5345b7591d11e1e9c0b9d2649f]: Reg. 59 in force at 17.11.2010, see reg. 1(2)

[^key-583a242d5779d4da51dcffd9f4f5152a]: Reg. 60 in force at 17.11.2010, see reg. 1(2)

[^key-a5a37fe157fb6ff60eb131318c95dcaa]: Reg. 61 in force at 17.11.2010, see reg. 1(2)

[^key-a0ebfcdcdb83dfe09cfb6cc3eec8b6ec]: Reg. 62 in force at 17.11.2010, see reg. 1(2)

[^key-ce6cb55d96d3bb3b52e567845ab0753d]: Reg. 63 in force at 17.11.2010, see reg. 1(2)

[^key-a8d586e6b81f6e8d5ed13bbc6be3ec18]: Reg. 64 in force at 17.11.2010, see reg. 1(2)

[^key-b315bc103e008880838e2f020abb12e8]: Reg. 65 in force at 17.11.2010, see reg. 1(2)

[^key-f7426afc10539b1e5bb0511e96c73046]: Reg. 66 in force at 17.11.2010, see reg. 1(2)

[^key-de1c7a6f3af41a2b98149202b1061dd9]: Reg. 67 in force at 17.11.2010, see reg. 1(2)

[^key-3f3f5323457ba4a3e9281af3a97a8af5]: Reg. 68 in force at 17.11.2010, see reg. 1(2)

[^key-1f0fd5163ba0ecef207368e4d7c8f9c0]: Reg. 69 in force at 17.11.2010, see reg. 1(2)

[^key-69737d035e15f81d5fe32fa4cb81dafc]: Reg. 70 in force at 17.11.2010, see reg. 1(2)

[^key-9a01e01e4d54648a13a719a875af1d0f]: Reg. 71 in force at 17.11.2010, see reg. 1(2)

[^key-6fda857bd739fa5e2aabc01fbac955ca]: Reg. 72 in force at 17.11.2010, see reg. 1(2)

[^key-f94257b178006d3b2d1b63f3749040b8]: Reg. 73 in force at 17.11.2010, see reg. 1(2)

[^key-2d68b0e706b5894f057e0ccb9b9350cc]: Reg. 74 in force at 17.11.2010, see reg. 1(2)

[^key-afb8201c41bafe3e01c2572389a3c3e7]: Reg. 75 in force at 17.11.2010, see reg. 1(2)

[^key-f982ff5438d5555f6d8b939e05af3a9d]: Reg. 76 in force at 17.11.2010, see reg. 1(2)

[^key-742fdc84f7889314d325b846e5d25c14]: Reg. 77 in force at 17.11.2010, see reg. 1(2)

[^key-b78f5586715846e1bfbe28f78252ff31]: Reg. 78 in force at 17.11.2010, see reg. 1(2)

[^key-89a44ff58872b9ae6edce7680371f90c]: Reg. 79 in force at 17.11.2010, see reg. 1(2)

[^key-cff6af526bc224ffa29c30ec1d9b2e3d]: Reg. 80 in force at 17.11.2010, see reg. 1(2)

[^key-cb2e1418dcc534b719912795793f0bf4]: Sch. in force at 17.11.2010, see reg. 1(2)

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations further amend the National Health Service Superannuation Scheme (Scotland) Regulations 1995 (S.I. 1995/365) (“the 1995 Regulations”), the National Health Service Pension Scheme (Scotland ) Regulations 2008 (S.S.I. 2008/224) (“the 2008 Regulations”), the National Health Services (Scotland) (Injury Benefits) Regulations 1998 (S.I. 1998/1594) (“the Injury Benefits Regulations”) and the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 (S.I. 1998/1451) (“the AVC Regulations”).

Regulation 1 (contained in Part1) provides for citation, commencement and effect, including that certain provisions of this instrument are to take effect from various dates before the date of commencement. Section12(1) of the Superannuation Act 1972 (c.11) provides authority for the regulations specified in regulation1(2), (3), (4) and (5) to take effect as from a date earlier than the making of these Regulations.

The remainder of the Regulations is divided into five Parts, with Parts 2 to 5 amending the 1995 Regulations, the 2008 Regulations, the Injury Benefits Regulations and the AVC Regulations respectively and Part 6 providing that certain persons detrimentally affected by these Regulations may elect for the provisions not to apply to them.

Parts2 and 3 make similar amendments in respect of both the 1995 Regulations and the 2008 Regulations. They also introduce amendments specific to either the 1995 Regulations or the 2008 Regulations.

The changes dealing with similar issues in Parts2 and 3 (amending the 1995 and 2008 Regulations)—

• introduce new provisions covering the arrangements for certain re-employed pensioner members of the 1995 Regulations to join the 2008 Regulations once a specified period of time has passed since retirement (regulations3(5), 7, 10, 11, 12, 13, 24(b), 27, 28, 37, 41, 43, 44, 45, 46, 47, 52, 53(b), 55, 56, 62, 66, 67, 68, 69, 70, 71 and 76);

• clarify that in certain circumstances persons who have opted out of the 1995 Regulations and pensioner members of other Health Service schemes (England and Wales, Northern Ireland and the Isle of Man) will not be permitted to join or re-join that Section (regulations4(2)(a) to (f), 15, 26 and 54). The changes relating to persons who have opted out and who cannot count any service in the 1995 Regulations are made with retrospective effect from 1st April 2008 (see regulation1);

• introduce uprated pay/earnings bands for the purpose of assessing tiered contribution rates for members and remove the provisions which permit the Scottish Ministers to change the bands and tiered contribution rates by making a determination (regulations5, 20, 30, 31, 32, 57 and 58);

• specify that the current employer contribution rate is 13.5% (regulations6 and 33);

• provide for an adjustment to the method of revaluing ‘Additional Pension’ purchased to allow for negative inflation (regulations17, 35 and 60);

• reflect the respective roles of the Scottish Ministers, the Treasury, the scheme actuary and representatives of employees and employing authorities in the setting of assumptions on which actuarial reports of the scheme’s liabilities are based (regulations18 and 23);

• allow “pension credit members” to take their benefits early on an actuarially reduced basis and to commute pension on serious ill-health (regulations19, 36, 38, 61, 63 and 64).

The changes specific to Part2 (amending the 1995 Regulations)—

• clarify the way in which benefits resulting from a contract to purchase additional service are reduced when the member retires before normal pension age and claims actuarially reduced benefits (regulations8, 9 and 16);

• provide for the scheme’s obligations in respect of guaranteed minimum pensions to remain linked to age 60 for women and age 65 for men (regulation 14);

• clarify the type of contributions to be paid by a Health Board (regulation20(5) and (6));

• correct references to reflect the fact there is oneNHS Pension Scheme consisting of twosections (the 1995 Regulations and the 2008 Regulations) (regulation21 and the Schedule).

The changes specific to Part3 (amending the 2008 Regulations)—

• amend the definitions associated with the formulae used for calculating reckonable pay (regulation25);

• regroup regulations that deal with the member and employer contributions due in respect of members who are non-GP providers (regulations29, 32 and 33);

• provide for employing authorities to pay a contribution to cover the cost of the early payment of the mandatory retirement lump sum paid to an Optant who retires from that authority on grounds of redundancy (regulation34);

• adjust the income used to assess the abatement of a pension on a pensioner’s re-employment to take account of the mandatory lump sum that must be taken by a 2008 Section Optant (regulations48 and 72);

• permit the acceptance of an option to join the 2008 Regulations made by 1995 Regulations members in certain circumstances with retrospective effect from 1stOctober 2009 (regulations49, 50, 73 and 74);

• corrects the drafting of certain provisions (regulations50(d), 51 and 75).

Part 4 amends the National Health Service (Superannuation Scheme, Pension Scheme, Inquiry Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010 which contained an error (regulation 77).

Part5 amends the Injury Benefits Regulations to insert and update definitions of practitioners (regulation78).

Part6 (regulation79) amends the AVC Regulations to—

• enable AVC arrangements to take advantage of HMRC easements under the Registered Pension Schemes (Authorized Payments) Regulations 2009;

• provide that a person with AVC proceeds totalling less than £2000 who is unable to secure an annuity, will be able to take payment in the form of a lump sum;

• incorporate references to the 1995 Regulations and 2008 Regulations.

Part7 provides that deferred members, or members in receipt of a relevant benefit, who are detrimentally affected by these Regulations may elect for the provisions not to apply to them by giving notice within sixmonths of the coming into force of these Regulations (regulation80).

Footnotes

[^f00001]: 1972 c.11; sections10 and 12 were amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7) sections4(2), 8(5) and10; section10(6) was amended by the Pension Schemes Act 1993 (c.48), Schedule8, paragraph7 and by the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I.2001/3649), article108. The functions of the Secretary of State, in or as regards Scotland, were transferred to Scottish Ministers by virtue of article2 of and Schedule1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministersetc.) Order 1999 (S.I.1999/1750).

[^f00002]: See the Superannuation Act 1972, section10(1). This function was transferred to the Treasury by virtue of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I.1981/1670), article2 and is still exercisable by virtue of S.I.1999/1750, article2 and Schedule1.

[^f00003]: Section 12(1) of the Superannuation Act 1972 provides that Regulations may be framed so as to have effect from a date earlier than that of their making.

[^f00004]: S.I. 1995/365.

[^f00005]: S.S.I. 2008/224.