The National Health Service Pension Scheme (Scotland) (Additional Voluntary Contributions) Regulations 2018

• (2) Where sub-paragraph (3) applies, the Scottish Ministers may reduce the amount of any pension credit benefit payable to or in respect of a pension credit member under this schedule to the extent set out, and subject to the conditions specified, in whichever of the regulations referred to in that paragraph applies.

• (3) This sub-paragraph applies where on or after 13th July 1998—

• (a) in respect of a relevant pension credit member, the circumstances set out in whichever of the following regulations applies have occurred—

• (i) regulation T6 of the 2011 Regulations (offset for crime, negligence or fraud);

• (ii) regulation 2.J.7 or 3.J.7 of the 2013 Regulations (reduction in benefits in cases where loss caused by member's crime, negligence or fraud);

• (iii) paragraph 11 of schedule 3 of the 2015 Regulations (offset of benefits); and

• (b) there has been a loss to public funds.

• (4) In this paragraph—

• “relevant pension credit member” means a pension credit member who is also a member of the NHS Pension Scheme; and

• “relevant participator” means the participator in relation to whose rights under the AVC scheme the pension sharing order or provision, which gave the pension credit member in question entitlement to a pension credit, was made.

Loss of rights to benefits

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• (1) Where sub-paragraph (2) applies, the Scottish Ministers may direct that all or any part of any rights to pension credit benefit a pension credit member has under this schedule and which arise by virtue of an employer's contributions paid on or after 13th July 1998 in respect of a relevant participator are to be forfeited.

• (2) This paragraph applies where on or after 13th July 1998—

• (a) that pension credit member commits and is convicted of an offence referred to in—

• (i) regulation T7 of the 2011 Regulations (loss of rights to benefits);

• (ii) regulation 2.J.8 or 3.J.8 of the 2013 Regulations (forfeiture of rights to benefits); or

• (iii) paragraph 12 of schedule 3 of the 2015 Regulations (forfeiture of rights to benefits); and;

• (b) the circumstances are such that a direction may be made by the Scottish Ministers under whichever of those provisions applies.

• (3) In this paragraph, “relevant participator” means the participator in relation to whose rights under the AVC scheme the pension sharing order or provision, which gave the pension credit member in question entitlement to a pension credit, was made.

SCHEDULE 2 — Revocations

1

The following instruments are revoked (but where an extent is specified, only to the extent specified):

• (a) the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 ;

• (b) the National Health Service (Scotland) (Superannuation Scheme and Additional Voluntary Contributions) (Pension Sharing on Divorce) Amendment Regulations 2001(regulation 4 and schedule 2 only) ;

• (c) the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Amendment Regulations 2004 ;

• (d) the National Health Service (Superannuation Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Civil Partnership) (Scotland) Amendment Regulations 2005 (regulations 4 and 44 to 47 only) ;

• (e) the National Health Service (Superannuation Scheme and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2006 (regulations 18 to 35 only) ;

• (f) the National Health Service (Superannuation Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2008 (regulation 4 only) ; and

• (g) the National Health Service Superannuation Scheme (Additional Voluntary Contributions, Injury Benefits and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2008 (regulation 2 only) .

Signed

DEREK MACKAY — A member of the Scottish Government — 2018-03-29

We consent

ANDREW STEPHENSON — DAVID RUTLEY — Two of the Lords Commissioners of Her Majesty's Treasury — 2018-04-16

Explanatory note

(This note is not part of the Regulations)

Footnotes

Editorial notes