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 (Superannuation Scheme, Pension Scheme, Inquiry Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010
- Part 5 Amendment of the National Health Service (Scotland) (Injury Benefits) Regulations1998
- Part 6 Amendment of the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998
- Part 7 Miscellaneous
- Schedule Amendments
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 (No. 2) Regulations 2010.
(2)These Regulations come into force on 17th November 2010 and, except as provided in paragraphs (3) to (5), have effect from 1stApril 2010.
(3)The following regulations have effect from 1stApril 2008:—
(a)regulation4(2)(f) in respect of the addition of sub-paragraphs(m) to (o) in regulationB2(1) of the National Health Service Superannuation Scheme (Scotland) Regulations 1995;
(b)regulation26 in respect of the addition of sub-paragraphs(i) and (j) in regulation2.B.1(5) of the National Health Service Pension Scheme (Scotland) Regulations 2008; and
(c)regulation54 in respect of the addition of sub-paragraphs(h) and (i) in regulation3.B.1(5) of the National Health Service Pension Scheme (Scotland) Regulations 2008.
(4)The following regulations have effect from 1stOctober 2009:—
(a)regulation49;
(b)regulations50 and 51;
(c)regulation73; and
(d)regulations74 and 75.
(5)Regulation14 has effect from 6thApril 2010.
Part 2 · Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 1995
2Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 1995#
The National Health Service Superannuation Scheme (Scotland) Regulations 1995 are amended as follows.
3Amendment of regulation A2#
(1)Regulation A2 (interpretation) is amended as follows.
(2)In paragraph 2(b), omit “this Section of”.
(3)After paragraph (b), insert—“c any reference to this Section of the scheme, except where the context otherwise requires, means these Regulations.”
(4)In the definition of “GMS practice”—
(a)in paragraph(a), after “registered medical practitioner” insert “who is a principal practitioner”; and
(b)in paragraph(b), after “or more” insert “such”.
(5)At the appropriate place in the alphabetical order, insert—““Waiting Period Joiner” has the meaning given in regulation2.L.1, or as the case may be, 3.L.1 of the 2008 Section;”
4Amendment of regulation B2#
(1)Regulation B2 (age limits and restrictions on membership) is amended as follows.
(2)In paragraph (1)—
(a)for sub-paragraph (e) substitute—“e that person enters NHS employment for the first time on or after 1st April 2008 and has not previously been a member of this Section of the scheme or a health service scheme corresponding to this Section;”
(b)in sub-paragraph (f)—
(i)after “returns to” insert “or commences”;
(ii)after “last left” insert “pensionable”;
(c)in sub-paragraph (g)(ii) after “returning to”, insert “or commencing”;
(d)for sub-paragraph (h)(iii), substitute—“iii returns to, or commences for the first time, NHS employment on or after 1stOctober 2008 and before that employment starts (whether it is employment that has been returned to or commenced for the first time) exercises the member’s right to transfer out all of that person’s benefits in accordance with regulation M1;”
(e)in sub-paragraph (i)(ii), after “returns to” insert “or commences”; and
(f)after sub-paragraph (i), insert—“j that person’s pension under a health service scheme is payable and in the opinion of the Scottish Ministers that person would not be eligible to—i join this Section of the scheme, orii where appropriate, accrue further pensionable service under this Section of the scheme,if the pensionable employment to which that health service scheme applied, and in respect of which that pension is being paid, had been pensionable employment in this Section of the Scheme;k that person is a person who—i is entitled to a preserved pension in accordance with regulation E6;ii has given notice in accordance with paragraphs (1) or (1A) of regulation B4 that the person does not wish to, or no longer wishes to, participate in this Section of the Scheme;iii as a result of that notice has been treated as having left pensionable employment; andiv pursuant to that notice remains opted out of this Section of the scheme for any one period of five years or more beginning on the date that notice takes effect;l that person is a person who—i is entitled to a preserved pension in accordance with regulation E6;ii has given notice in accordance with paragraph (1) or (1A) of regulation B4 that the person does not wish to, or no longer wishes to, participate in this Section of the Scheme;iii following that notice, has had a break in pensionable employment for any one period of five years or more, comprising the aggregate of—aa any period during which the person leaves NHS employment, andbb any period during which the person is treated as never having been included in this Section of the scheme in accordance with paragraph(3) of regulation B4 in respect of one or more later periods of NHS employment entered into after having given the notice referred to in (ii);m that person is a person who—i enters NHS employment before 1st April 2008;ii has given notice in respect of that employment (and all other such employments with an employing authority) that that person does not wish to participate in the Scheme in accordance with paragraph (1) or (1A) of regulation B4; andiii as a result of that notice on 1st April 2008 is treated as never having been in pensionable employment with any employing authority in accordance with paragraph (3) of regulation B4;n that person is a person who—i enters NHS employment before 1st April 2008;ii has given notice in respect of that employment (and all other such employments with an employing authority) that that person does not wish to, or no longer wishes to, participate in the Scheme in accordance with paragraph (1) or (1A) of regulation B4;iii as a result of that notice has been treated as having left pensionable employment with all employing authorities for a period of 12 months or more; andiv is not entitled to a preserved pension in accordance with regulation E6; oro that person is a person who—i enters pensionable employment before 1st April 2008;ii has given notice in respect of that employment (and all other such employments with an employing authority) that that person does not wish to, or no longer wishes to, participate in the Scheme in accordance with paragraph (1) or (1A) of regulation B4;iii is not entitled to a preserved pension in accordance with regulation E6; andiv has, in respect of that pensionable employment, either received a repayment of contributions or exercised the right to a transfer payment under Part M.”
(3)In paragraph (2)(b), for “regulations E6, E9” substitute “regulations E2, E2A, E6, E9, L1,”.
5Amendment of regulation D1#
(1)Regulation D1 (contributions by members) is amended as follows.
(2)For paragraph (1A), substitute—“1A A member whose pensionable pay falls into a pay band specified in column 1 of the relevant table must contribute the percentage of the member’s pensionable pay specified in column 2 of that table in respect of that amount.”
(3)For paragraph (2), substitute—“2 The Scottish Ministers shall, with the consent of the Treasury, determine the pensionable pay bands and contribution percentage rates specified in the relevant table in respect of each scheme year.”
(4)In paragraph (2A), for “making a determination” substitute “determining those pensionable pay bands or contribution percentage rates”.
(5)After paragraph (2B)(b), insert—“c “the relevant table” means—i in respect of the 2010-2011 scheme year, table 1 where paragraph (2C) applies and table 2 if paragraph (2Q), (2R) or (2V) applies;ii in respect of the 2011-2012 scheme year, table 2.Column 1Column 2Pay bandContribution percentage rateColumn 1Column 2Pay bandContribution percentage rate”
(6)In paragraphs (2E) to (2R) and (2V) for “the table in paragraph (1A)” substitute “the relevant table”.
6Amendment of regulation D2#
For paragraphs (1) and (2) of regulation D2 (contributions and other payments by employing authorities), substitute—“1 Each employing authority must contribute to the scheme, in respect of the pensionable pay of each member in pensionable employment with the authority, at the rate determined by the Scottish Ministers and specified in paragraph (2) (“the employer’s standard rate”).1A The employer’s standard rate shall include the cost of providing any increases in pensions which are payable by virtue of Part 1 of the Pensions (Increase) Act 1971.1B In determining the employer’s standard rate, the Scottish Ministers must take the advice of the Scheme Actuary and obtain the Treasury’s consent.2 The employer’s standard rate is 13.5 per cent”
7Amendment of regulation E2B#
For paragraph (2)(e) of regulation E2B (re-assessment of ill-health condition determined under regulation E2A), substitute—“e the member is not—i a 2008 Section Optant within the meaning of regulation 2.K.1 or 3.K.1 of the 2008 Section of the Scheme, orii a Waiting Period Joiner within the meaning of regulation 2.L.1 or 3.L.1 of the 2008 Section of the Scheme,who has become entitled to an upper tier ill-health pension under regulation 2.D.8 or 3.D.7 of that Section.”
8Amendment of regulation E5#
In paragraph (2) of regulation E5 (early retirement pension (with actuarial reduction)), for “but” substitute “, and except for any pension in respect of service calculated as a result of exercising the right to buy additional service under regulation Q1 or the right to buy an unreduced retirement lump sum under regulation Q2,”.
9Amendment of regulation E8#
In paragraph (7)(b) of regulation E8 (deductions from lump sum), after “will” insert “, except for any lump sum in respect of service calculated as a result of exercising the right to buy additional service under regulation Q1 or the right to buy an unreduced retirement lump sum under regulation Q2,”.
10Amendment of regulation F5#
After paragraph (12) of regulation F5 (payment of lump sum), insert—“13 In the case of a Waiting Period Joiner, a notice given by a member for the purposes of regulation 2.E.21 or 3.E.21 of the 2008 Section of the Scheme shall be treated as a nomination or notice given by the member for the purposes of this regulation.”
11Amendment of regulation G3#
For paragraph (3)(a) of regulation G3 (widow’s pension when member dies after pension becomes payable), substitute—“a the member is—i a 2008 Section Optant within the meaning of regulation 2.K.1 or regulation3.K.1 of the 2008 Section of the Scheme, orii a Waiting Period Joiner within the meaning of regulation 2.L.1 or 3.L.1 of that Section, and”
12Amendment of regulation G14#
After paragraph (9) of regulation G14 (surviving nominated partner’s pension), insert—“10 In the case of a Waiting Period Joiner, a declaration or notice given by a member for the purposes of regulation 2.E.2 or 3.E.2 of the 2008 Section of the Scheme shall be treated as a declaration or notice given by that member for the purposes of this regulation.”
13Amendment of regulation H4#
In paragraph (2) of regulation H4 (child allowance when member dies after pension becomes payable)—
(a)in sub-paragraph (b)(i), after “regulation 3.K.1 (application of chapter 3.K)” insert “or a Waiting Period Joiner within the meaning of regulation 2.L.1 or 3.L.1”;
(b)in sub-paragraph (b)(ii), after “2008 Section Optant” insert “or Waiting Period Joiner”.
14Amendment of Part K#
(1)PartK (contracting-out and guaranteed minimum pensions) is amended as follows.
(2)After paragraph(3)(c) of regulationK1 (contracting-out conditions to be overriding), add—“ca “guaranteed minimum pension age” means age 65 in the case of a man or age 60 in the case of a woman”
(3)For “state pension age” substitute “guaranteed minimum pension age”, in—
(a)paragraphs(2) where it occurs twice and (6A)(a) of regulationK2 (guaranteed minimum pensions);
(b)regulationK3 (late retirement);
(c)paragraph(1) of regulationK4 (early leavers) where it occurs threetimes; and
(d)paragraphs(1), (2) and (3) of regulationK5 (guaranteed minimum pensions transferred to this Section of the scheme).
15Amendment of regulation M6A#
In paragraph (3)(b) of regulation M6A (member’s right to transfer a preserved pension to the 2008 section), for “B2(1)(i)” substitute “B2(1)(i), (k) or (l)”.
16Amendment of regulation Q7#
For paragraph (6) of regulation Q7 (part payment for additional service or unreduced retirement lump sum), substitute—“6 If the member becomes entitled to receive benefits before the chosen date under regulation Q5(3), the proportion of additional service or unreduced retirement lump sum to be credited to the member will be—a calculated as described in paragraph (5), andb then reduced by reason of the payment of the pension and the lump sum by such amounts as the Scottish Ministers, after taking the advice of the Scheme Actuary, shall determine.”
17Substitution of regulation Q17#
For regulation Q17 (revaluation of increases bought under options: members’ pensions), substitute—“Q17—Revaluation of increases bought under options: members’ pensions1 Where an option under regulation Q8, Q10 or Q11 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—5 The calculation referred to in paragraph (3) is as follows—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).”
18Amendment of regulation U3#
(1)RegulationU3 (accounts and actuarial reports) is amended as follows.
(2)In paragraph(3) before “The scheme actuary”, insert “Subject to paragraph(3A),”.
(3)After paragraph(3), insert—“3A The actuarial report referred to in paragraph(3) shall be based on actuarial assumptions determined by the Scottish Ministers with the consent of the Treasury.3B Before determining the assumptions referred to in paragraph(3A) the Scottish Ministers may consult—a such representatives of employees and employing authorities as appear to the Scottish Ministers to be appropriate, andb the scheme actuary.”
19Amendment of Part W#
PartW (pension sharing on divorce or nullity of marriage or on dissolution or nullity of a civil partnership) is amended as follows—
(a)in regulationW11 (“Appropriate rights”/“Pension credit benefits” under the Scheme) for paragraph(7) substitute—“7 A pension credit member is entitled to a lump sum calculated on the same basis as if the pension was a deferred pension under the Scheme.8 Except where the member opts to exchange part of his pension under paragraph(9) the lump sum shall be equal to three times the annual rate of pension except that no lump sum on retirement shall be paid to the credit member if the corresponding pension debit member has already received a lump sum on retirement from the Scheme before the date of the implementation of the pension sharing order.9 If a pension credit member opts to exchange part of a pension to which the pension credit member would otherwise be entitled for a lump sum, for every £1 by which the pension credit member’s annual pension is reduced, the pension credit member is to be paid a lump sum of £12.10 An option under paragraph(9) must relate to an annual amount of pension that is a whole number of pounds (and accordingly the lump sum will be exactly divisible by12).11 In paragraph(10) “annual amount” in relation to a pension means the amount of the annual pension to which the pension credit member would be entitled under these Regulations apart from the option, together with any increases payable under the Pensions (Increase) Act1971, calculated as at the time the payment would be first due.12 A pension credit member may not exchange pension for lump sum under this regulation to the extent that it would result in a scheme chargeable payment for the purposes of Part4 of the 2004 Act.13 The option under paragraph(9) may only be exercised by giving notice in writing to the scheme administrator in the form required by the Scottish Ministers—a at the time of claiming the pension; orb before a later time specified in writing by the scheme administrator.”
(b)after regulationW11 insert—“1 Subject to paragraph(2), a pension credit member shall be entitled to the payment of the pension credit benefit described in regulationW11 on or after attaining normal minimum pension age but before attaining normal benefit age.2 The pension and the lump sum (if any) described in regulation W11 paragraph(1) will be reduced by such amount as the Scottish Ministers, after taking the advice of the Scheme Actuary, may determine.”
(c)in regulationW12 (pension credit member dies after pension credit benefit becomes payable) for paragraph(3), substitute—“3 The maximum payment under this regulation shall not exceed an amount calculated in accordance with paragraph(3A) less the aggregate of—a the amount of any lump sum paid to the pension credit member in accordance with regulationW11(8); andb the amount of any lump sum paid to the pension credit member in accordance with regulationW11(9).3A An amount calculated in accordance with this sub-paragraph is an amount equal to twice the amount on the valuation day of the final year’s pensionable pay of the member from whose rights the pension credit is derived.”
(d)in regulationW16 (commutation: exceptional ill-health), in paragraph(3), after “regulationW11(7)”, insert “,(8) and (9)”.
20Amendment of Schedule 1#
(1)Paragraph 10 (contributions to this Section of the scheme) of Schedule1 (medical and dental practitioners) is amended as follows.
(2)After sub-paragraph (1) insert—“1A For the purposes of this paragraph, “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 1Column 2Pensionable earnings bandContribution percentage rateColumn 1Column 2Pensionable earnings bandContribution percentage rate”
(3)For sub-paragraph (2) to (2B), substitute—“2 Subject to sub-paragraph (2A), a member whose pensionable earnings fall into a pensionable earnings band specified in column 1 of the relevant table must contribute the percentage of the member’s pensionable earnings specified in column 2 of that table in respect of that amount.2A 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.2B Before determining those pensionable earnings bands or contribution rates, the Scottish Ministers must consider—a the advice of the scheme actuary; andb in accordance with regulation U4, advice from such employee and employer representatives as the Scottish Ministers consider appropriate.”
(4)In sub-paragraphs (2F) and (2G) for “the table in sub-paragraph (2)” substitute “the relevant table”.
(5)In sub-paragraph(8)(b), after “contributions” insert “payable under regulationD2(1)”.
(6)After sub-paragraph (17) insert—“18 For the purposes of this paragraph—a “contributions payable under regulation D1” means contributions payable under regulation D1 by a practitioner or, as the case may be, a non-GP provider under this Section of the scheme;b “contributions payable under regulation D2(1)” means contributions payable under regulation D2(1) by an employing authority in respect of a practitioner or, as the case may be, a non-GP provider.”
Part 3 · Amendment of the National Health Service Pension Scheme (Scotland) Regulations2008
Part 4 · Amendment of the National Health Service (Superannuation Scheme, Pension Scheme, Inquiry Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010
Part 5 · Amendment of the National Health Service (Scotland) (Injury Benefits) Regulations1998
78Amendment of Regulation 2#
(1)The National Health Service (Scotland) (Injury Benefits) Regulations 1998 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;”“• “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—(a) 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);(b) 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
79Amendment of the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998#
(1)The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 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); andb meet the requirements of regulation 12 of the Registered Pension Schemes (Authorised Payments) Regulations 2009 (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; ord 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
80Option 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 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
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