Contents
- Part 1 Introductory
- Part 2 Amendment of the national health service superannuation scheme (scotland) regulations 1995
- Part 3 Amendment of the national health service pension scheme (scotland) REGULATIONS2008
- Part 4 Amendment of the national health service (scotland) (injury benefits) REGULATIONS1998
- Part 5 Amendment of the national health service superannuation scheme (scotland) (additional voluntary contributions) regulations 1998
- Part 6 Miscellaneous
- Schedule 1 Amendments to the national health service superannuation scheme (scotland) regulations 1995 and the national health service pension scheme (scotland) regulations 2008
- Schedule 2 Amendments to the national health service pension scheme (scotland) regulations 2008
Part 1 · Introductory
1Citation, commencement and effect#
(1)These Regulations may be cited as the National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010.
(2)These Regulations come into force on 26th February 2010 and, except as provided in paragraphs (3) and (4), have effect from that date.
(3)The following regulations have effect from 1st April 2008:—
(a)regulation 6;
(b)regulation 7;
(c)regulation 16(4) insofar as it relates to regulation 2.A.10(12)(a) of the National Health Service Pension Scheme (Scotland) Regulations 2008;
(d)regulation 19;
(e)regulation 20;
(f)regulation 21;
(g)regulation 31(4);
(h)regulation 59;
(i)regulation 60;
(j)regulation 66
(k)regulation 104; and
(l)regulation 105.
(4)Regulation 32(2) has effect from 1st July 2009.
(5)The following regulations have effect from 1st October 2009:—
(a)regulation 9;
(b)regulation 31(5);
(c)regulation 35;
(d)regulation 52;
(e)regulation 94;
(f)regulation 95;
(g)regulation 96;
(h)regulation 98;
(i)regulation 99;
(j)regulation 100; and
(k)regulation 101.
Part 2 · Amendment of the national health service superannuation scheme (scotland) regulations 1995
2Interpretation of Part 2#
In this Part an alphanumerical reference to a regulation or a reference to a Schedule is a reference to a provision of the National Health Service Superannuation Scheme (Scotland) Regulations 1995 bearing that designation except where the contrary is indicated.
3Amendment of regulation A2#
In regulation A2 (interpretation)—
(a)at the end of paragraph (2)(b) after “these Regulations” insert “and the National Health Service Pension Scheme (Scotland) Regulations 2008; ”; and
(b)in paragraph (4) in the definition of “the 2008 Scheme” for “means the scheme” substitute “means the Section of the scheme.”
4Amendment of regulation E2B#
In regulation E2B(2) (re-assessment of ill health condition determined under regulation E2A)—
(a)at the end of sub-paragraph (c) omit “and”;
(b)at the end of sub-paragraph (d) insert—“; ande the member is not a 2008 Section Optant within the meaning of regulation 2.K.1 or 3.K.1 of the 2008 Regulations who has become entitled to an upper tier ill health pension under regulation 2.D.8 or 3.D.7 of that Section.”
5Amendment of regulation G3#
For regulation G3(3) (widow’s pension when member dies after pension becomes payable) substitute—“3 For the purpose of paragraph (2) no account is to be taken of any reduction to the member’s pension under regulation S2 (reduction of pension on return to NHS employment) unless—a the member is a 2008 Section Optant within the meaning of regulation 2.K.1 or regulation 3.K.1 of the 2008 Regulations; andb on the date of the member’s death the member is an active or non-contributing member of that Section.”
6Amendment of regulation G14#
In regulation G14(1) (surviving nominated partner’s pension) for “who has pensionable service” substitute “whose pensionable employment ceases”.
7Amendment of regulation H3#
In regulation H3(2A)(b) (child allowance when member dies in pensionable employment) omit “the member’s”.
8Amendment of regulation H4#
For regulation H4(2) (child allowance when member dies after pension becomes payable) substitute—“2 Subject to paragraphs (2A) and (8)—a the allowance will be calculated as described in whichever of paragraphs (3) or (4) apply; andb where the member was, on the date of the member’s death—i not a 2008 Section Optant within the meaning of regulation 2.K.1 (application of chapter 2.K) or regulation 3.K.1 (application of chapter 3.K) of the 2008 Regulations whose pensionable service—aa equalled, or exceeded, 10 years, as a proportion of the amount of the member’s pension based on that service;bb was less than 10 years, as a proportion of the amount of that the member’s pension would have been if it had been based on 10 years pensionable service;ii a 2008 Section Optant, as a proportion of the amount of the member’s pension.”
9Amendment of Schedule 1#
(1)Schedule 1 (medical and dental practitioners) shall be amended as follows.
(2)In paragraph 9 (officer service treated as practitioner service)—
(a)in sub-paragraph (1) omit “principal” where it twice occurs;
(b)in sub-paragraph (3)(a) omit “principal”;
(c)in sub-paragraph (3)(b) omit “ principal”;
(d)in sub-paragraph (5A)(a) omit “principal”;
(e)after sub-paragraph (5B), insert—“5C If—a any part of the period of a member’s officer service is treated as practitioner service for the purposes of sub-paragraph (1) or (5A) (“the converted service”); andb any part of the converted service has been credited to the member as a result of a transfer-in under regulation N2 or N3 (but not regulation R7(2)) “the converted service credit”,the amount of pensionable pay deemed to be received in respect of the converted service credit will be calculated in accordance with paragraph 20 of this Schedule.”
(f)in sub-paragraph (8) for “been a principal practitioner,” substitute “officer service before first becoming a practitioner”.
(3)In paragraph 9B (practitioners with benefits from both practitioner and officer service) after sub-paragraph (5) insert—“6 Where—a a member who, before commencing his or her final period of practitioner service, has service as an officer (whether that service as an officer consists of a separate period of such service or two or more such periods);b that officer service is preceded by an earlier period of practitioner service; andc some or all of the officer service is not concurrent with the practitioner service,sub-paragraph (7) applies.7 If it would be more favourable, a member referred to in sub-paragraph (6)(a) is entitled to receive a separate pension and retirement lump sum for such part of that officer service that is not concurrent with the member’s final period of practitioner service.8 The amounts of the pension and retirement lump sum referred to in sub-paragraph(7) are subject to a 1.5%increase for each whole year or part of a year within the increment period and that increase shall—a be applied in like manner and at the same intervals as an increase applied to a pension under the Pensions (Increase) Act 1971; andc be effective immediately before the pension and lump sumbecome payable under these Regulations.9 The increment period referred to in sub-paragraph (8) shall—a begin with the day immediately following the day on which the officer service referred to in sub-paragraph (7) ceased for the last time; andb end with the day immediately before the pension and retirement lump sum become payable under these Regulations.”
Part 3 · Amendment of the national health service pension scheme (scotland) REGULATIONS2008
Part 4 · Amendment of the national health service (scotland) (injury benefits) REGULATIONS1998
104Amendment of the National Health Service (Scotland) (Injury Benefits) Regulations 1998#
(1)The National Health Service (Scotland) (Injury Benefits) Regulations 1998 shall be amended as follows.
(2)In regulation 2 (interpretation) in the definition of “NHS employment” after “1995” insert “and in the National Health Service Pension Scheme (Scotland) Regulations 2008”.
Part 5 · Amendment of the national health service superannuation scheme (scotland) (additional voluntary contributions) regulations 1998
105Amendment of the National Health Service (Scotland) (Additional Voluntary Contributions) Regulations 1998#
(1)The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 shall be amended as follows.
(2)In Schedule 2 (pension sharing on divorce or nullity of marriage or dissolution or nullity of civil partnership)—
(a)in paragraph6(1) for “described in regulation 3(2) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (commutation of pension benefit)”, substitute “referred to in paragraphs (b), (e) and (f) of the lump sum rule in section 166(1) of the 2004 Act”; and
(b)in paragraph14(1)(b) (loss of rights to benefits) for “of those Regulations”, substitute “of the 1995 Regulations or regulation 2.J.7 or 3.J.7 of the 2008 Regulations”.
Part 6 · Miscellaneous
106Option to persons detrimentally affected by these Regulations#
(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 the provisions of these Regulations, applying to the person, have effect.
(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 relevant provisions of these Regulations applying to the person have effect) 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 1 · Amendments to the national health service superannuation scheme (scotland) regulations 1995 and the national health service pension scheme (scotland) regulations 2008
Part 1
(1)In the following provisions of the National Health Service Superannuation Scheme (Scotland) Regulations 1995 (“the 1995 Regulations”) before “the scheme” insert “this Section of”—
| (b) Schedule 1 paragraph: | |||
|---|---|---|---|
| 2(2) and (3) | 9(4), (6), (6A) and (11) | 20(1) and (2) (twice) | |
| 2A(1) and (2) | 9A(2)(a) | 21(2) (twice), (3) (twice) and (5) | |
| 3(1)(b) | 9B(1)(a) and (2)(a) | 22 (5) and (6) | |
| 4(1) | 10 heading and 10(2J)(b) | 23(4)(b) and (6)(a) | |
| 5(8) | 14(2) |
Part 2
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)
Part 3
(3)In regulation K1 of the 1995 Regulations for “The scheme” substitute “This Section of the scheme”.
Schedule 2 · Amendments to the national health service pension scheme (scotland) regulations 2008
Part 1
(1)In the following provisions of the National Health Service Pension Scheme (Scotland) Regulations 2008 (“the 2008 Regulations”) before “the scheme”, insert “this Section of”—
| (a) | regulation: | ||||
|---|---|---|---|---|---|
| 2.A.1(1) in the definition of— | 2.F.14(1)(b) | 3.E.12(1) | |||
| (i) | active member | ||||
| (ii) | corresponding 2008 scheme | ||||
| (iii) | deferred member | ||||
| (iv) | employing authority (at paragraph (g)) | ||||
| (v) | non-contributing member (at paragraph (b)) | ||||
| (vi) | the NHS superannuation scheme for Scotland 1995 | ||||
| (vii) | pensioner member | ||||
| (viii) | public sector transfer arrangements. | ||||
| (ix) | the scheme (twice) | ||||
| 2.A.1(2)2.A.1(3) | |||||
| 2.A.2(1)(a), | 2.F.15(1)(c), (2) and (3) | 3.E.15(1) | |||
| 2.A.4(2), (3), (3A), (4)(a)(ii), (6)(c) and (9) | 2.F.16(2) | 3.E.25(1)(a) and (5)(i) | |||
| 2.F.17(1), (2)(c), (3)(a) and 4(a) | 3.E.26(1) | ||||
| 2.A.5(1)(f)(i), (ii) and (3)(b) | 2.G.1(1)(a), (b), (c), (d), (4)(a) and (6) | 3.F.1(3)(a) and (4) | |||
| 2.A.6(4)(a) and (6)(b) | 2.G.3(1)(a) | 3.F.2(1) | |||
| 2.G.4(5)(b) | 3.F.4(3)(a) | ||||
| 2.A.7(2) | 2.H.(1)(a) and (4) | ||||
| 2.A.8(1) and (7) | 2.H.4(1)(a) | ||||
| 2.A.9(10) | 2.H.6(1)(c) | 3.F.7 | |||
| 2.A.12(1) | 2.J.4(1)(a) and (2) | 3.F.8(1) | |||
| 2.A.15(8), (9)(b) and (10) | 2.J.5(1) (twice) | ||||
| 2.B.1(1) | 2.J.7(2)(a) | 3.F.9(1)(b) and (1)(c) | |||
| 2.B.2(1), (1)(c), (2), (3), (4) (twice), (5), (6) and (7) | 2.J.8(1) | ||||
| 2.B.3(1) and (6)(twice) | 2.J.9(2) and (7)(a) | 3.F.11(6)(a) and (b) | |||
| 2.B.4 heading, 2.B.4(1) and (3) | 2.J.10(1) | 3.F.14(1)(b) | |||
| 2.B.5 heading, 2.B.5(1) and (6)(b) | 2.J.12(1) and (2) | 3.F.15(1)(c) and (3)3.G.1(1)(a), (b), (c), (d) and (6) | |||
| 2.B.6 heading, 2.B.6(1), (2)(a) and 2(b) | 2.J.13(6)(a), (6)(b) and (8) | 3.G.3(1)(a) | |||
| 2.C.1(1), (11)(a) and(14) | 3.A.1(1) in the definition of active member. | 3.G.4(5)(b) | |||
| 3.A.1(2) in the definition of— | |||||
| (i) | active member | ||||
| (ii) | contribution option period | ||||
| (iii) | corresponding 2008 scheme | ||||
| (iv) | deferred member | ||||
| (v) | employing authority (at paragraph (h)) | ||||
| (vi) | the NHS superannuation scheme for Scotland | ||||
| (vii) | non-contributing member (at paragraph (b)) | ||||
| (viii) | pensioner member | ||||
| (ix) | public sector transfer arrangements | ||||
| (x) | the scheme (twice) | ||||
| (xi) | the scheme actuary | ||||
| 2.C.3(1)(a) (twice), (3)(a), (23)(a) and (b), | 3.A.2(1) and (2)3.A.3(1)(a) | 3.H.1(2)(a) and (5) | |||
| 2.C.5(1) (twice), (2)(b) (twice) and (4)2.C.9 heading | 3.A.4(3), (3A), (4)(a)(ii), (6)(c) and (9) | 3.H.4(1)(a) | |||
| 2.C.18(5) (twice), (9) and (9)(a) | 3.A.5(1)(e)(i), (ii) and (3)(a) | 3.J.4(1)(a) and (2) | |||
| 2.D.1.(2)(b) | 3.A.6(4)(a), (6)(b)3.A.8(2)(a), (7) and (10) | 3.J.5(1) (twice) | |||
| 2.D.6(5) | 3.A.9(1) | 3.J.7(2)(a) | |||
| 2.D.12(3), (3)(a), (b) and (7)(a) | 3.A.11(1) | 3.J.8(1) | |||
| 2.D.13(6)(a) | 3.A.15(8), (9)(b) and (10) | 3.J.9(2) and (7)(a) | |||
| 2.D.18(1), (2) and (6)(c) | 3.B.1(1), (5)(d)(ii) and (5)(e) | 3.J.10(1) | |||
| 2.D.21(1)(a) and (5)(a) | 3.B.2(1), (3)(twice), (4), (5), (5)(b), (6) and (7) | 3.J.12(1) and (2) | |||
| 2.D.22(1), (1)(a), (2), (7) (three times), (9) and (10)(a) | 3.B.3(1) (twice) | 3.J.13(4)(b) and (6) | |||
| 2.E.3(4)(b) | 3.B.4 heading, 3.B.4 (1) and (3) | ||||
| 2.E.6(1)(a) | 3.B.5 heading, 3.B.5(1), (6)(b) and (7) (twice) | ||||
| 2.E.10(1) | 3.B.6(1) and (2)(a) and (b) | ||||
| 2.E.11(1) | 3.B.7(2)3.C.1(1) and (3) | ||||
| 2.E.12(1) | 3.C.3(1) (twice), (2)(b) and (4) | ||||
| 2.E.15(1) | 3.C.5(17)(a)3.C.7 heading | ||||
| 2.E.25(1)(a), (5)(i)2.E.26(1) | 3.C.16(5)(twice), (9) and (9)(a) | ||||
| 2.F.1(3)(a) and (4) | 3.D.1(2)(b) | ||||
| 2.F.2(1) | 3.D.6(4)3.D.14(1),(2) and (6)(c) | ||||
| 2.F.4(3)(a) | 3.D.17(1)(a) and (5)(a) | ||||
| 2.F.7(1) | 3.D.18(1), (1)(a), (2)(a), (7)(a), (b), (9) and (10)(a) | ||||
| 2.F.8(1) | 3.E.3(4)(b) | ||||
| 2.F.9(1)(b) and (1)(c) | 3.E.6(1)(a) | ||||
| 2.F.10(2)(a) | 3.E.10(1) | ||||
| 2.F.11(6)(a) and 6(b) | 3.E.11(1) |
Part 2
(2)In the following provisions of the 2008 Regulations for “NHS superannuation scheme for Scotland 1995” substitute “1995 Section”—
| regulation: | |||||
|---|---|---|---|---|---|
| 2.A.1(1) in the definition of | 2.B.2(2)(a) and (c)(i) | 3.A.3(9) (twice) | 4.D.1(5) | ||
| (i) | corresponding 1995 scheme | ||||
| (ii) | the NHS superannuation scheme for Scotland 1995 | ||||
| 2.A.2(8) (twice) | 2.F.17 heading and 2.F.17(1) | 3.B.1(3)(b), (5)(a), (c), (d)(i), (e)(i), and (6)(a) | |||
| 2.A.5(1)(b) and (f)(ii) | 3.A.1(1) in the definition of | 3.B.2(1)(a) and (c)(ii) | |||
| (i) | corresponding 1995 scheme | ||||
| (ii) | the NHS superannuation scheme for Scotland 1995 |
Part 3
(3)In the following provisions of the 2008 Regulations for “that scheme” substitute “that Section”—
| regulation: | |||
|---|---|---|---|
| 2.A.2(8) (twice) | 2.C.4(1), (1)(b) and (3) | 3.A.5(1)(e) | 3.F.12(3)(a) and (b) |
| 2.A.5(1) | 2.F.4(6)(a)(i), (a)(ii)(aa) and (bb) | 3.B.1(5)(b) (twice), (c), (d)(ii) (twice), (e)(ii), (e)(iv)(aa), (e)(iv)(bb) | 4.D.1(5) (twice) |
| 2.B.1(5)(b), (c) and (f)(ii) | 2.F.11(6)(a) and (b) | 3.B.2(1)(b), (1)(c), (1)(c)(ii) and (2) | |
| 2.B.2(2)(b), (c) and (c)(ii) | 2.F.12(3)(a) and (b) | 3.F.4 (6)(a)(i), (6)(a)(ii)(aa) and (6)(a)(ii)(bb) | |
| 2.C.3(23)(a) and (b) | 3.A.3(9) (twice) | 3.F.11(6)(a) and (b) |
(4)In the following provisions of the 2008 Regulations before “The scheme” insert “This Section of”—
| regulation: | |||
|---|---|---|---|
| 2.F.15(2) | 2.F.16(2) | 3.F.15(2) | 3.F.16(2) |
(5)In the following provisions of the 2008 Regulations for “this scheme” substitute “this section of the scheme”.
| regulation: | |||
|---|---|---|---|
| 2.F.17(3)(b) | 3.F.9(3) | 3.F.17(1), (2)(c), (3)(a), (b) and (6)(c) |
(6)In regulation 2.B.1(3) and (5) of the 2008 Regulations for “other scheme conditions” substitute “other Section conditions”.
(7)In regulation 3.B.1(3) and (5) of the 2008 Regulations for “other scheme conditions” substitute “other Section conditions”.
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