The National Health Service Pension Scheme (Scotland) Regulations 2015

Type Scottish-Statutory-Instrument
Publication 2015-03-02
Last updated 2025-10-31
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
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articles Not indexed
Reform history JSON API

[^key-309c28c106ce44dce44cb330c0600a30]: Word in reg. 28 omitted (with effect from 6.4.2025) by virtue of The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(11), 24(2)

[^key-1eaab9b6f1d89f6eedbee269395cb0a2]: Reg. 28(g) and word inserted (with effect from 6.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(11), 24(3)

[^key-4e1dbf48ca635eb23bff7b7e0c5c3574]: Reg. 28(7A) inserted (with effect from 1.4.2015) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(4), 24(7)

[^key-a89b7e99b4b63ba02fa9e3927cad1366]: Word in reg. 28(6)(b) substituted (with effect from 6.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(11), 24(4)

[^key-7d2eaa8d06b3ff201afa8a5c4ca99738]: Reg. 28(6)(c) inserted (with effect from 1.4.2015) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(4), 24(5)

[^key-09e43c3d8d01a31667b5e36578f5d234]: Word in reg. 28(10)(b) substituted (with effect from 6.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(11), 24(8)(a)

[^key-1c2442f318556ac721eb6c2eb79e8b0e]: Words in reg. 28(10)(b) inserted (with effect from 1.4.2015) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(4), 24(8)(b)

[^key-64fddc6ea1e93724e481e1dd8dce6446]: Word in reg. 28(7)(a) substituted (with effect from 1.4.2015) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(4), 24(6)(a)

[^key-eae745b78a6cd40957174fe0e2a64cae]: Word in reg. 28(7)(a) substituted (with effect from 1.4.2015) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(4), 24(6)(b)

[^key-23984470488eff936a88c0b76c10d5f6]: Words in reg. 28(10)(c) inserted (with effect from 1.4.2015) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(4), 24(9)

[^key-725a3f7cd0bb7c2910f4e10f4448b3d9]: Word in reg. 28(12) omitted (with effect from 1.4.2015) by virtue of The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(4), 24(10)

[^key-c062456e1e01609198335f0536141809]: Reg. 30(3) Table 13 inserted (with effect from 1.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(2), 25(a)(ii)

[^key-e6160a3ac87b61e0cbfed0315f00383f]: Reg. 30(3C) and Table 3 inserted (with effect from 1.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(2), 25(c)

[^key-e04175717f7a5ce03549e39ddbe00f11]: Reg. 30(3)(m) inserted (with effect from 1.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(2), 25(a)(i)

[^key-db29b0502fc9e2672ebb1facedac3025]: Reg. 30(3B) Table 2 substituted (with effect from 1.10.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(10), 25(b)

[^key-64f9b2edda11cc24288d15b83d6d6864]: Reg. 31(9) Table 11 inserted (with effect from 1.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(2), 26(b)

[^key-4edbfe84f4f134a8225f8e1a5dbf9f32]: Reg. 31(3)(k) inserted (with effect from 1.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(2), 26(a)

[^key-c6dd2aec829576f16649158d07f3400f]: Words in reg. 37(4) inserted (with effect from 1.10.2022) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(6), 27(3)

[^key-a28a6f6ec16dfdccde5b699d56af7ed2]: Word in reg. 37(3)(b) substituted (with effect from 1.10.2022) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(6), 27(2)

[^key-e15c299aeff56bbbd20c74080fb3b9b4]: Reg. 59(5) substituted (with effect from 1.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(2), 28

[^key-3ef776be0df6cfac0d6ee0efa3326e29]: Word in reg. 67(1) omitted (with effect from 6.4.2025) by virtue of The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(11), 29(a)

[^key-3561d29e3c22e06c7bb50287826c55cc]: Reg. 67(1)(eb) inserted (with effect from 6.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(11), 29(b)

[^key-42b51af5940aa86a4eb6b1e946f5ca30]: Sch. 3 para. 16(2A) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(3)

[^key-ea47430e13a4f0358d2122c2f9507541]: Sch. 3 para. 16(7A) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(5)

[^key-5f80278bcc1bc397ea294ed4a041e393]: Sch. 3 para. 16(8A) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(7)

[^key-230f87340b1f333f804afbd0b161214b]: Sch. 3 para. 16(9A) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(9)

[^key-59eef4f285da6d179773a209c7e3b0d9]: Sch. 3 para. 16(10A) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(11)

[^key-30132fc19d4b2f3bf2c8993fe6613a84]: Sch. 3 para. 16(12A) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(14)

[^key-0ca5b011d4bcc71bb1d71d4316e916e0]: Words in sch. 3 para. 16(9) substituted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(8)(a)

[^key-93156c880e31613dd0170b0f65d8fd2d]: Words in sch. 3 para. 16(9) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(8)(b)

[^key-a45a434e3bff0638666b83c0f6be3198]: Words in sch. 3 para. 16(10) substituted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(10)(a)

[^key-629aab92b71cac7fbc428047ac654cb6]: Words in sch. 3 para. 16(10) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(10)(b)

[^key-c9c1f094642860c79fa4232a2b363ae9]: Words in sch. 3 para. 16(2) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(2)

[^key-a058bc7769ae55fea63547bf5a851a09]: Words in sch. 3 para. 16(7) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(4)

[^key-15bd0d39fdf6bc5aabbe21fcb0851442]: Words in sch. 3 para. 16(8) substituted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(6)(a)

[^key-0c327ee266fec7967b2141fbf084a897]: Words in sch. 3 para. 16(8) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(6)(b)

[^key-da4fee5ca0a4b5d84affd72478bc9a3b]: Words in sch. 3 para. 16(11) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(12)(a)

[^key-685dc185d519463c6b9c37d0411fedf2]: Word in sch. 3 para. 16(11) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(12)(b)

[^key-52ada2c8d4af6001c0a4bdaf6151a53f]: Word in sch. 3 para. 16(11) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(12)(c)

[^key-3b09b8238d4bbd65c32c8463be5c5ee3]: Word in sch. 3 para. 16(11) omitted (with effect from 6.4.2024) by virtue of The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(12)(d)

[^key-55eaa1ab77fea920440d3f7120dc9e9c]: Words in sch. 3 para. 16(11) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(12)(e)

[^key-f27befbed24b5764a8ee2a5d79e0334c]: Words in sch. 3 para. 16(12) inserted (with effect from 6.4.2024) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(9), 30(13)

[^key-c4d713ff974e851d187e948e79daf58d]: Words in sch. 9 para. 2(6)(b) substituted (with effect from 1.10.2022) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(6), 31(2)

[^key-2cd1432126c1b467153166a95d3e1f99]: Words in sch. 9 para. 2A(5) substituted (with effect from 1.10.2022) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(6), 31(3)

[^key-5ff3d0a77c468dc79b573affd74ff9dd]: Words in sch. 9 para. 3(5) inserted (with effect from 1.10.2022) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(6), 31(4)

[^key-e519631c394ccebf540f93f8f3c77f47]: Sch. 10 para. 1(4) inserted (with effect from 1.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(2), 32(2)

[^key-e2001468951f5fce9a53328c29cda858]: Sch. 10 para. 2(3)(4) inserted (with effect from 1.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(2), 32(3)

[^key-c0a41c2b17696fe7d762a0b95948688d]: Words in sch. 12 para. 9(7) substituted (with effect from 1.4.2015) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(4), 33

Surviving scheme partner

Members who do not fall within any of the cases in paragraph 2

2A
  • (1) This paragraph applies for the purpose of determining the relevant contribution rate for the current scheme year for a member—
  • (a) who is in pensionable employment with the same employing authority on both—
  • (i) the last day of the previous scheme year, and
  • (ii) the first day of the current scheme year, and
  • (b) does not fall within any of the cases within column 1 of the table in paragraph 2.
  • (2) Where this paragraph applies—
  • (a) the scheme manager must determine the amount of the member’s pensionable earnings, and
  • (b) the member must pay contributions during the current scheme year at the rate specified in column 2 of Table 9 in paragraph (3) of regulation 30 in respect of the amount of pensionable earnings referred to in column 1 of that table which corresponds to the amount so determined.
  • (3) For the purposes of sub-paragraph (2)(a), the scheme manager must take the advice of the scheme actuary and have regard to—
  • (a) pensionable earnings attributable to pensionable service comparable to that of the member,
  • (b) prevailing pay scales,
  • (c) prevailing rates of pensionable allowances.
  • (4) A member is regarded as being in pensionable employment throughout the previous scheme year regardless of any period in that year during which the member continued to be employed by the same employer, but did not make contributions to this scheme.
  • (5) For the purposes of calculating the member’s pensionable earnings, amounts equal to reduced pensionable earnings that the member is treated as having received during an absence from work (see regulation 28) are included.
  • (6) The amount of pensionable earnings determined in accordance with this paragraph must be rounded down to the nearest whole pound.

Change to employment or rate of pensionable earnings or allowances

Small payments: changed circumstances

Payments for unsocial hours

Regulation 27A Pensionable earnings: scheme years 2015/16 to 2023/24

27A
  • (1) This regulation applies to a member (M) if, during the scheme years 2015/16 to 2023/24—
  • (a) the terms of M’s employment contract required M to work less than whole-time, according to those terms, for any period of time, and
  • (b) M received a relevant payment.
  • (2) M or, if M is deceased, M’s personal representatives, may elect for all relevant payments to be included as pensionable earnings for the purposes of regulation 27.
  • (3) M’s employing authority must, before 1 April 2026, or in exceptional circumstances at such later time as the scheme manager decides, send a notice in writing to M or, as the case may be, M’s personal representatives, that they may make an election under paragraph (2).
  • (4) The notice referred to in paragraph (3) must specify the amount of contributions M and M’s employing authority will be required to pay, and the amount of pensionable earnings M will be entitled to in respect of those contributions, if M or, as the case may be, M’s personal representatives, makes an election under paragraph (2).
  • (5) An election under paragraph (2) must be—
  • (a) made—
  • (i) by M or, as the case may be, M’s personal representatives, in writing in such form and including such information as M’s employing authority requires, and
  • (ii) in respect of all relevant payments received by M, and
  • (b) received by M’s employing authority before—
  • (i) the end of the period of three months beginning with the day on which M is provided with the notice under paragraph (3), or
  • (ii) such later date before 1 October 2026 as M’s employing authority considers reasonable in all the circumstances.
  • (6) For the purposes of this regulation, a relevant payment means so much of a payment of salary, wages, fees or other regular payment made to M by the employing authority—
  • (a) in respect of work undertaken by M during the scheme years 2015/16 to 2023/24 that was in excess of the work required by the terms of their employment contract described in paragraph (1)(a) up to the whole-time equivalent according to the terms of the member’s employment contract, and
  • (b) that was treated by M’s employing authority as a payment for overtime for the purposes of regulation 27.

Pensionable earnings: break in service

Pensionable earnings: more than one employment

Members' contributions: employees

Members' contributions: practitioners and non-GP providers

Contributions by employing authorities

Employing authority contributions: interests of efficiency

Employing authority contributions: redundancy

Interest and administration charges: late paid contributions

Member contributions: records and estimates

Members contributions: supplementary: medical practitioners, non-GP providers

Members contributions: supplementary: dental practitioners

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