- active member
has the meaning given in section 124(1) (interpretation of Part 1) of the 1995 Act and, except where the context otherwise requires, refers to membership of the scheme (but see regulation 3.D.5(9)) (partial retirement (members aged at least 55));
- additional services
has the meaning given in regulation 3.A.1 (interpretation of part 3: general);
- annual rate of pay
means the sum of–
- appropriate fraction
has the meaning given in regulation 3.E.10(4).
- appropriate medical treatment
means such medical treatment as it would be normal to receive in respect of the incapacity, but does not include any treatment that the Scottish Ministers consider– (a) that it would be reasonable for the member to refuse;
- appropriate proportion
means– • “bank holiday” means any day that is specified or proclaimed as a bank holiday, pursuant to section 1 (bank holidays) of the Banking and Financial Dealings Act 1971;
- bank holiday
means any day that is specified or proclaimed as a bank holiday, pursuant to section 1 of the Banking and Financial Dealings Act 1971;
- base rate
means the Bank of England base rate– (a) announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets;
- board and advisory work
means– (a) work undertaken as a member of the Board of an employing authority which is not a GMS practice, a section 17C agreement provider, an HBPMS contractor or an OOH provider;
- buy-out policy
means a policy of insurance or annuity contract that is appropriate for the purposes of section 19 (extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts) of the 1993 Act and “buy out” must be read accordingly;
- calculation method A
means the calculation method provided for in regulation 4.B.8;
- calculation method B
means the calculation method provided for in regulation 4.B.9;
- calculation method C
means the calculation method provided for in regulation 4.B.10;
- capped transferred–in service
has the meaning given by regulation 2.F.12 (meaning of capped transferred-in service);
- CCT
means a Certificate of Completion of Training awarded under article 8 of the 2003 Order, including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;
- certification services
means services related to the provision of the medical certificates listed in Schedule 3 (list of prescribed medical certificates) to the 2004 Regulations;
- collaborative services
means primary medical services provided by a GP performer, a GMS practice, a section 17C agreement provider, an HBPMS contractor or an OOH provider under or as a result of an arrangement between– (a) Scottish Ministers or a Health Board;
- commissioned services
means services provided under a contract between– (a) a GP performer, a GMS practice, a section 17C agreement provider, an HBPMS contractor or an OOH provider;
- contracting Health Board
means– (a) in the case of a non GP provider who is– (a) a partner in a partnership that– (aa) is a GMS practice;
- contracting-out requirements
means the requirements mentioned in section 9(2) (requirements for certification of schemes: general) of the 1993 Act;
- contribution option period
has the meaning given in regulation 3.C.6(8) (restriction on further participation in the scheme);
- core hours
means the period beginning at 8am and ending at 6:30pm on any day from Monday to Friday except Good Friday, Christmas Day and a bank holiday;
- corresponding health service scheme
has the meaning given in regulation 2.F.11(7) (calculation of transferred-in pensionable service);
- deferred member
has the meaning given in section 124(1) (interpretation of Part I) of the 1995 Act and except where the context requires otherwise, refers to membership of the scheme (but see paragraph (3) and regulation 2.D.5(9) (partial retirement (member aged at least 55)));
- dental list
means a list prepared in accordance with regulations made under section 25(2)(a) (arrangements for provision of general dental services) of the 1978 Act;
- dental pilot scheme employee
means an individual who, in connection with the provision of personal dental services in accordance with a pilot scheme, is employed by an individual or body providing those services;
- dental therapist
means a person whose name is registered in the dental care professionals register established under section 36B of the Dentists Act 1984 (the dental care professionals register) under the title of dental therapist;
- dentist
means a registered dental practitioner;
- dispensing services
means the provision of drugs, medicines and such appliances which are included in the list prepared by Scottish Ministers under section 27(1) (arrangements for provision of pharmaceutical services)of the 1978 Act;
- employing authority
means– (a) a Health Board, Special Health Board or NHS National Services Scotland (established under sections 2 and 10 of the 1978 Act);
- employment
means practitioner service together with any concurrent NHS employment and “terms of employment” shall be construed accordingly.
- essential services
means services required to be provided in accordance with regulation 15 (essential services) of the 2004 Regulations;
- forfeiture certificate
means a certificate that the Scottish Ministers are satisfied that the offence–
- FSAVC
means–
- guaranteed cash equivalent transfer value payment
has the meaning given in regulation 3.F.3(3) (applications for transfer value payments);
- guaranteed minimum pension
means guaranteed minimum pension, or accrued rights to guaranteed minimum pension, under section 14 (earner’s guaranteed minimum) or 17 (minimum pensions for widows and widowers) of the 1993 Act as the case may be;
- interim award
means–
- interim reckonable pay
means the member’s pensionable pay for the period of the member’s pensionable service, divided by the number of days in that period and multiplied by 365.
- local authority
means a council constituted under section 2 of the Local Government etc.
- locum practitioner
means a registered medical practitioner (other than a GP registrar) whose name is included in a medical performers list and who is engaged, otherwise than in pursuance of a commercial arrangement with an agent, under a contract for services by– (a) a GMS practice;
- lump sum death benefit rule
has the meaning given in section 168 (lump sum death benefit rule) of the 2004 Act;
- lump sum rule
has the meaning given in section 166 (lump sum rule) of the 2004 Act;
- medical performers list
means a list prepared by a Health Board pursuant to regulation 4(1) of the National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004;
- occupational pension scheme
means an occupational pension scheme within the meaning of section 1 (categories of pension schemes) of the 1993 Act which– (a) in the case of such a scheme established on, or after, the 6th April 2006 is a registered pension scheme for the purposes of the 2004 Act and which the Scottish Ministers agree to recognise as a transferring scheme for the purposes of Chapter 3.F (transfers);
- officer
means a person other than a non-GP provider employed by an employing authority;
- officer service
means pensionable service as an officer under Part 2;
- out of hours period
means– (a) the period beginning at 6:30pm on any day from Monday to Thursday and ending at 8am the following day;
- pay period
means– (a) in relation to a practitioner who receives regular payments for his or her services under a contract of employment, the period in respect of which each payment of salary, wages or fees is made in accordance with that contract;
- pension
means the pension that a member would have been entitled to on the option day if the member had ceased to be employed in all of his or her employments and, in the case of practitioner services, the pensionable earnings taken into account when working out the pension will be drawn from the latest GP certificate referred to in regulation 3.J.13 and agreed with the Health Board or someone acting on its behalf in the case of a principal medical practitioner or non-GP provider or the most recent finalised years earnings in any other case;
- pension credit
means a credit under section 29(1)(b) (creation of pension debits and credits) of the 1999 Act and includes a credit under corresponding Northern Ireland legislation;
- pension credit benefit
has the meaning given by section 101B (interpretation) of the 1993 Act;
- pension credit member
has the meaning given by section 124(1) of the 1995 Act;
- pension credit rights
has the meaning given by section 101B of the 1993 Act;
- pension sharing order or provision
means such an order or provision as is mentioned in section 28(1) (activation of pension sharing) of the 1999 Act;
- pensionable earnings
has the meaning given in regulation 3.A.7 (meaning of “pensionable earnings”) (read with regulation 3.A.8 (pensionable earnings: breaks in service);
- pensionable employment
means employment as a practitioner which is pensionable under this Part;
- pensionable pay
has the meaning given by regulation 2.A.8.
- pensionable service
has the meaning given by regulations 3.A.3 (meaning of “pensionable service”) and 3.A.4 (pensionable service: breaks in service) (read with regulation 3.A.5);
- pensioner member
has the meaning given in section 124(1) (interpretation of part 1) of the 1995 Act and, except where the context otherwise requires, refers to membership of the scheme (but see regulation 3.A.2 (interpretation: further provisions) and regulation 3.D.5(8) (partial retirement: members aged at least 55));
- permanently
means the period until age 65;
- permitted maximum
means–
- personal pension scheme
means a personal pension scheme which– (a) in the case of such a scheme established on, or after 6th April 2006 is a registered pension scheme for the purposes of the 2004 Act and which Scottish Ministers agree to recognise as a transferring scheme for the purposes of Chapter 2.F;
- practice staff
means a person (other than an assistant practitioner, principal practitioner, a GP registrar or non GP provider) employed by a GMS practice, a section 17C agreement provider, an HBPMS contractor or an OOH provider to assist in the provision of the services they provide;
- practitioner
means– (a) a registered medical practitioner, other than a GP registrar, who is a locum practitioner, a GP provider or a GP performer;
- practitioner income
has the meaning given in regulation 3.A.7(2) to (8);
- practitioner service
means service as a practitioner which is pensionable under this Part;
- pre-change level
means the level of the member’s engagement in the employment referred to in paragraph (1)(a) during the period of 12 months ending with the option day;
- preservation requirements
means the requirements of Chapter 1 of Part 4 of the 1993 Act relating to the preservation of benefits under occupational pension schemes;
- principal practitioner
means a practitioner as defined in Part 3 excluding a principal practitioner as defined in Part 3 who is employed by a GDS or PDS contractor (as defined in Part 3);
- public sector transfer arrangements
means arrangements approved by the Scottish Ministers as providing reciprocal arrangements for the payment and receipt of transfer values between the scheme and other occupational pension schemes;
- qualifying service
has the meaning given in regulation 2.A.5 (meaning of “qualifying service”) (read with regulation 2.A.6 (qualifying service: disregard of breaks in service));
- quarter
means a 3 month period ending on the last day of March, June, September or December;
- recent leaver
has the meaning given in regulation 2.E.6(3) (recent leavers);
- reckonable pay
has the meaning given in regulation 2.A.10 (meaning of “reckonable pay”: general) (read with 2.A.11 (adjustments for inflation in determining reckonable pay under regulation 2.A.10) to 2.A.14 (meaning of “reckonable pay”: concurrent part time employments));
- registered
means registered under Chapter 2 of Part 4 of the 2004 Act;
- regular employment of like duration
means such employment as the Scottish Ministers consider would involve a similar level of engagement to the member’s pensionable service as a practitioner immediately before that service ceased.
- related payment
means–
- relevant service
means the pensionable service that the deceased was entitled to count on the date of death, increased by the enhancement period if any that would have applied for the purposes of regulation 2.D.8(5) if the deceased had become entitled to an upper tier ill health pension on the date of death.
- retail prices index
has the meaning given in section 989 (the definitions) of the Income Tax Act 2007;
- safeguarded percentage
has the meaning given by section 68A(3) (safeguarded rights) of the 1993 Act;
- safeguarded rights
has the meaning given by section 68A(1) of the 1993 Act;
- salaried dentist
means a dentist employed by a Health Board who undertakes to provide general dental services at a health centre, hospital or from any vehicle or moveable facility;
- scheme year
means a period of one year beginning with 1st April and ending with 31st March;
- section 17C agreement
means an agreement made under section 17C of the 1978 Act;
- section 17C agreement provider
means any person or body who is providing primary medical services in accordance with a section 17C agreement;
- specified period
means any single scheme year falling in the period, or periods, referred to in regulation 2.A.10(4), (6) or (7);
- State pension age
means pensionable age, as defined in section 181(1) (general interpretation) of the 1993 Act;
- tax year
means a year of assessment for income tax purposes;
- temporary additional session
has the meaning given in regulation 2.A.8(5);
- the 1978 Act
means the National Health Service (Scotland) Act 1978;
- the 1993 Act
means the Pension Schemes Act 1993;
- the 1995 Act
means the Pensions Act 1995;
- the 1995 Regulations
means the National Health Service Superannuation Scheme (Scotland) Regulations 1995;
- the 1997 Act
means the National Health Service (Primary Care) Act 1997;
- the 1999 Act
means the Welfare Reform and Pensions Act 1999;
- the 2003 Order
means the General and Specialist Medical Practice (Education, Training and Qualifications Order 2003;
- the 2004 Act
means the Finance Act 2004;
- the 2004 Regulations
means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004;
- the appropriate amount
means–
- the appropriate fraction
means–
- the appropriate increase
means the increase calculated in accordance with regulation 3.F.11.
- the appropriate period
means the period calculated in accordance with regulation 2.F.11.
- the appropriate proportion
means the same proportion as the period during which the new employment is held bears to the whole scheme year.
- the appropriate time
means–
- the base amount
means the aggregate of the benefits that would be payable separately under Part 2 and Part 3 but for the operation of this Part;
- the basic death pension
means–
- the contribution option period
has the meaning given in regulation 2.C.8(8) (member option to purchase additional pension);
- the earlier service
means– (a) in the case of a change of circumstances within paragraph (2)(a) or (b), the service in the employment that the member has left;
- the enhancement period
means two thirds of the member’s assumed pensionable service.
- the guarantee date
means any date that– and in counting the period of 10 days referred to in sub-paragraph (d), Saturdays, Sundays, Christmas Day, New Year’s Day and Good Friday are excluded.
- the health service
has the meaning given in section 108 (interpretation and construction) of the 1978 Act;
- the initial period
means the period of 12 months beginning with the day on which the member first enters an employment which results in this regulation applying.
- the later service
means– (a) in the case of a change of circumstances within paragraph (2)(a) or (b), the service in the employment that the member has begun;
- the minimum amount
means the amount that is, in accordance with tables prepared for the Scottish Ministers by the scheme actuary, the amount of the single contribution required at the time that the option is exercised to secure an increase in the member’s pension of–
- the NHS superannuation scheme for Scotland 1995
means the scheme set out in the 1995 Regulations;
- the option day
has the same meaning as regulation 2.D.5(8).
- the part-time amount
means the amount that would be the pensionable pay for the part-time employment if it were determined in the same way as the pensionable pay for a whole time employment is determined under regulation 2.C.3.
- the relevant day
means–
- the required period
means–
- the scheme
means the scheme the rules of which are set out in this Part;
- the scheme actuary
means the actuary appointed by the Scottish Ministers for the time being to provide a consulting service on actuarial matters relevant to these Regulations;
- trade dispute
has the meaning given in section 35(1) (interpretation) of the Jobseekers Act 1995;
- trainee practitioner
means a GP Registrar;
- uprated earnings
has the same meaning as in Part 3.
- valuation day
means the day referred to in section 29(7) (the pension and annuity requirements) of the 1999 Act;