Contents
- Part 1 General
- Part 2 Amendment of the national health service superannuation scheme (scotland) REGULATIONS2011
- Part 3 Amendment of the national health service pension scheme (scotland) regulations 2008
- 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 Amendment of the national health service (compensation for premature retirement) (scotland) regulations 2003
- Part 7 Miscellaneous
Part 1 · General
1Citation, commencement and effect#
(1)These Regulations may be cited as the National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations2011.
(2)These Regulations come into force on 1st December 2011 and, except as provided in paragraphs (3) to (9), have effect from that date.
(3)The following provisions have effect from 1st April 2008—
(a)regulation 25;
(b)regulation 36;
(c)regulation 59(f);
(d)regulation 65; and
(e)regulation 70.
(4)The following provisions have effect from 1st October 2008—
(a)regulation 22; and
(b)regulation 64.
(5)The following provisions have effect from 1st April 2010—
(a)regulation 19(c); and
(b)regulation 61(d).
(6)The following provisions have effect from 2nd July 2010—
(a)regulations 14(a)(i) and (iii);
(b)regulations 17(d) and (e);
(c)regulations 59(d) and (e); and
(d)regulation 104(b).
(7)The following provisions have effect from 1st April 2011—
(a)the provisions in Part 2 except regulations 5(a), (c), (d) and (e), 6(b), 7, 10(c), 12, 13 and 14(a)(i) and (iii);
(b)the provisions in Part 3 except regulations 17(d) and (e), 19(c), 22, 24, 25, 29, 32, 36, 37, 59(d) to (f), 61(d), 64, 65, 67, 70, 74, 77 and 81;
(c)the provisions in Part 4 except regulation 104(b);
(d)the provisions in Part 5 except regulation 114(c)(i); and
(e)the provisions in Part 6.
(8)The following provisions have effect from 6th April 2011—
(a)regulation 6(b);
(b)regulation 7;
(c)regulation 12;
(d)regulation 13;
(e)regulation 24;
(f)regulation 29;
(g)regulation 32;
(h)regulation 37;
(i)regulation 67;
(j)regulation 74;
(k)regulation 77;
(l)regulation 81; and
(m)regulation 114(c)(i).
(9)Regulations 5(c), (d) and (e) have effect from 1st October 2011.
Part 2 · Amendment of the national health service superannuation scheme (scotland) REGULATIONS2011
2Amendments to National Health Service Superannuation Scheme (Scotland) Regulations 2011#
The National Health Service Superannuation Scheme (Scotland) Regulations 2011 are amended in accordance with this Part.
3Amendment of regulation B2#
In regulation B2 (age limits and restrictions on membership), in paragraph (1)(o)(iv), after “contributions” insert “under regulation E15”.
4Amendment of regulation C2#
In regulation C2 (meaning of “pensionable service”), in paragraph (5), for “(3)” substitute “(4)”.
5Amendment of regulation D2#
In regulation D2 (contributions and other payments by employing authorities)—
(a)in paragraph(3), for “take” substitute “consider”;
(b)in paragraph(5)(a)—
(i)after “E6” insert “or E7”; and
(ii)omit “or E7” where it appears immediately before “for the period”;
(c)in paragraph(7), after “(5)” insert “in respect of a pension payable under regulation E6 or under paragraph (5)(c) in respect of a pension payable under regulation E7”;
(d)in paragraph (7)(b)(ii), after “E6” insert “or E7”; and
(e)after paragraph (7), insert—“7A Any additional payments that are due to the Scottish Ministers under paragraph(5)(a), (b), (d) and (e) in respect of a pension payable under regulation E7 shall be made in whichever of the following ways the employing authority chooses—a a single payment of an amount determined by the Scottish Ministers, on the advice of the scheme actuary, made within one month of the date on which the pension under regulation E7 became payable; orb not more than 5 equal annual instalments each of an amount determined by the Scottish Ministers, on the advice of the scheme actuary, the first of which to be made within one month of the date on which the pension under regulation E7 became payable and the others to be paid by 31st October in each of the following 4 financial years.”
6Amendment of regulation E13#
In regulation E13 (lump sum on retirement)—
(a)in paragraph (2), after “pension” insert “to which the member is entitled under regulations E1 to E11 (and in relation to which any additional pension purchased under regulations Q8, Q10 or Q11 is disregarded)”;
(b)in paragraph (4)—
(i)after “member” insert “on becoming”; and
(ii)after “regulation” insert “on or before 5th April 2011”.
7Amendment of regulation F2#
In regulation F2 (lump sum when member dies after pension becomes payable), in paragraph(7), for “has” substitute “died on or before 5th April 2011 and had”.
8Amendment of regulation G13#
In regulation G13 (increased surviving civil partner’s pension), in paragraph (2), for “E12” substitute “E13”.
9Amendment of regulation G14#
In regulation G14 (surviving nominated partner’s pension), in paragraph (3)(c), after “partnership” insert “with a person who is not, respectively, the nominated partner or the member”.
10Amendment of regulation L1#
In regulation L1 (treatment of pensionable service of early leavers returning to pensionable employment), in paragraph (3)(b)—
(a)for “(early retirement pension (ill health))” substitute “(early retirement pension on ill health grounds (pre 1st April 2008))”;
(b)for “(ill health pension on early retirement)” substitute “(early retirement pension on ill health grounds (post 1st April 2008))”; and
(c)for the words “but” to the end of the paragraph substitute “but there will be no such increase to any of the member’s pensionable service if the member’s pensionable service before and after the break is treated separately”.
11Amendment of regulation S2#
In regulation S2 (reduction of pension on return to NHS employment)—
(a)in paragraph (2)(b)(i), before “any” insert “under”; and
(b)in paragraph (2)(c)(ii), after “R2(3)(b)” insert “(nurses, physiotherapists, midwives and health visitors) or regulation R3(10) (mental health officers)”.
12Amendment of regulation T3#
In regulation T3 (deduction of tax: further provisions)—
(a)in paragraph (8)(b), for “35%” substitute “55%”; and
(b)after paragraph (8), insert—“8A Where—a a lump sum is payable by virtue of regulation F2 (lump sum when member dies after pension becomes payable); andb that lump sum is payable in respect of a member who had reached the age of 75 at the date of the member’s death,the scheme administrator shall deduct tax at the rate of 55% (or such other rate as applies under the 2004 Act) from the lump sum payable in accordance with section 206 of the 2004 Act.8B Where—a the Scottish Ministers’ liability to pay a pension under regulation E1 (normal retirement pension) is discharged by the payment of a lump sum in accordance with paragraph (3) of that regulation; andb that lump sum payment is made to a member who has reached the age of 75,the scheme administrator shall deduct tax at the rate of 55% (or such other rate as applies under the 2004 Act) from the lump sum payable in accordance with section 205A of the 2004 Act.”
13Amendment of regulation V13#
In regulation V13 (pension credit member dies after credit pension becomes payable), in paragraph (6), for “has” substitute “died on or before 5th April 2011 and had”.
14Amendment of Schedule 1#
In Schedule 1 (medical and dental practitioners)—
(a)in paragraph1 (additional definitions used in this Schedule)—
(i)in the definition of “assistant practitioner”, in sub-paragraph (b), from “a practitioner on” to the end substitute “an assistant as defined in regulation 2(1) of the National Health Service (General Dental Services) (Scotland) Regulations 2010”;
(ii)in the definition of “Common Services Agency”, from “has the same” to the end substitute “means the Common Services Agency for the Scottish Health Service constituted under the 1978 Act”;
(iii)in the definition of “principal practitioner”, in sub-paragraph (b), from “a list” to the end substitute “the first part of a dental list prepared by a Health Board in accordance with regulation 4 of the National Health Service (General Dental Services) (Scotland) Regulations 2010”; and
(iv)in the definition of “Doctors’ Retainer Scheme”, from “given” to the end substitute “it has in directions comprising the GMS Statement of Financial Entitlements given by the Scottish Ministers under section 17M of the 1978 Act (payments by Health Boards under general medical services contracts)”; and
(b)in paragraph14 (contributions to this Section of the scheme), in sub-paragraph (10)—
(i)for “, which” substitute “on the basis of whichever of the following the host Health Board or someone appointed on its behalf considers the most appropriate in the circumstances”;
(ii)in head (a), before “has” insert “the amount of the practitioner’s or non-GP provider’s earnings that”;
(iii)in head (b), before “corresponds” insert “the amount of the practitioner’s or non-GP provider’s earnings that”; and
(iv)in head (c), before “corresponds” insert “the amount of such earnings that”.
Part 3 · Amendment of the national health service pension scheme (scotland) regulations 2008
Part 4 · Amendment of the national health service (scotland) (injury benefits) REGULATIONS1998
103Amendments to National Health Service (Scotland) (Injury Benefits) Regulations 1998#
The National Health Service (Scotland) (Injury Benefits) Regulations 1998 are amended in accordance with this Part.
104Amendment of regulation 2#
In regulation 2 (interpretation), in paragraph (1)—
(a)for the definition of “the Superannuation Scheme Regulations” substitute—“• “the 2011 Regulations” means the National Health Service Superannuation Scheme (Scotland) Regulations 2011;”
(b)for the definition of “dental list” substitute—“• “dental list” has the meaning given to it by regulation4 of the National Health Service (General Dental Services) (Scotland) Regulations 2010;”
(c)in the definition of “average remuneration”—
(i)in sub-paragraph (a)(i), for “11(2) of Schedule 1 to the Superannuation Scheme” substitute “15(2) of Schedule 1 to the 2011”; and
(ii)in sub-paragraph (b)(i), for “Superannuation Scheme” substitute “2011”;
(d)in the definition of “essential services”, for “Superannuation Scheme” substitute “2011”;
(e)in the definition of “GP performer”, for “Superannuation Scheme” substitute “2011”;
(f)in the definition of “GP provider”, for “Superannuation Scheme” substitute “2011”;
(g)in the definition of “GMS contract”, for “Superannuation Scheme” substitute “2011”;
(h)in the definition of “GMS practice”, for “Superannuation Scheme” substitute “2011”;
(i)in the definition of “HPBMS contractor”, for “Superannuation Scheme” substitute “2011”;
(j)omit the definition of “ophthalmic provider”;
(k)in the definition of “OOH provider”, for “Superannuation Scheme” substitute “2011”;
(l)in the definition of “practitioner”—
(i)for “Superannuation Scheme” substitute “2011”; and
(ii)in sub-paragraph (i), for “1995” substitute “2011”;
(m)in the definition of “the Scheme”, for “Superannuation Scheme” substitute “2011”; and
(n)in the definition of “section 17 agreement provider”, for “Superannuation Scheme” substitute “2011”.
105Amendment of regulation 4#
In regulation 4 (scale of benefits)—
(a)in paragraph (6)(a)(i), for “T5 or T6 of the Superannuation Scheme” substitute “T6 or T7 of the 2011”;
(b)in paragraph (6)(a)(ii)—
(i)for “E2A(7) or E7” and insert “E3(7) or E17”; and
(ii)for “Superannuation Scheme” substitute “2011”; and
(c)in paragraph (10)(a), for “Superannuation Scheme” substitute “2011”.
Part 5 · Amendment of the national health service superannuation scheme (scotland) (additional voluntary contributions) regulations 1998
108Amendments to the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998#
The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 are amended in accordance with this Part.
109Amendment of regulation 2#
In regulation 2 (interpretation)—
(a)in paragraph (1)—
(i)omit the definition of “the 1995 Regulations”;
(ii)after the definition of “the 2008 Regulations” insert—“• “the 2011 Regulations” means the National Health Service Superannuation Scheme (Scotland) Regulations 2011;”
(iii)in the definition of “child”, in sub-paragraph (a), for “1995” substitute “2011”;
(iv)in the definition of “date of retirement”, in sub-paragraph (a), for “E6 (preserved pension) of the 1995” substitute “E12 (preserved pension) of the 2011”;
(v)in the definition of “dependant”, in sub-paragraph (c)(i), for “1995” substitute “2011”;
(vi)in the definition of “NHS Superannuation Scheme”, for the words from “1995” to “be” substitute “2011 Regulations (the 1995 Section) and the 2008 Regulations (the 2008 Section)”;
(vii)in the definition of “normal benefit age”, in sub-paragraph (a), for “1995” substitute “2011”;
(viii)in the definition of “pensionable service”, in sub-paragraph (a), for “1995” substitute “2011”; and
(ix)in the definition of “retirement”, in sub-paragraph (a), for “1995” substitute “2011”; and
(b)in paragraph (2), for “1995” substitute “2011”.
110Amendment of regulation 3#
In regulation 3 (making and acceptance of elections)—
(a)in paragraph (3)(b), for “1995” substitute “2011”; and
(b)in paragraph (6), for “1995” substitute “2011”.
111Amendment of regulation 4#
In regulation 4 (payment and amount of additional contributions)—
(a)in paragraph (3)(b), for “1995” substitute “2011”; and
(b)in paragraph (3A)—
(i)in the definition of “employer”, for “1995” substitute “2011”; and
(ii)in the definition of “salary”, for “1995” substitute “2011”.
112Amendment of regulation 6#
In regulation 6 (circumstances in which elections cease to have effect)—
(a)in paragraph (1)(a), for “E6 of the 1995” substitute “E12 of the 2011”;
(b)in paragraph (1)(c), for “1995” substitute “2011”; and
(c)in paragraph (1)(d), for “1995” substitute “2011”.
113Amendment of regulation 9#
In regulation 9 (inward transfers: mis-sold pensions)—
(a)in paragraph (1)—
(i)for “1995” substitute “2011”; and
(ii)for “N3A” substitute “N5”;
(b)in paragraph (2), for “1995” substitute “2011”;
(c)in paragraph (3)(b), for “N3A(2)(a) of the 1995” substitute “N5 of the 2011”; and
(d)in paragraph (6)—
(i)in the definition of “opted out service”, for “N3A(2)(a) of the 1995” substitute “N5 of the 2011”; and
(ii)in the definition of “personal pension scheme”, for “1995” substitute “2011”.
114Amendment of regulation 10#
In regulation 10 (outward transfers)—
(a)in paragraph (4)(a), for “1995” substitute “2011”;
(b)in paragraph (4A)(a), for “(early leaver without preserved pension) of the 1995” substitute “(applications for transfer value payments: time limits) of the 2011”; and
(c)in paragraph (8)—
(i)in sub-paragraph (b)(i), for “60” substitute “75”; and
(ii)in sub-paragraph (b)(ii), for “1995” substitute “2011”.
115Amendment of regulation 11#
In regulation 11 (retirement and dependants’ pensions)—
(a)in paragraph (2)(b)(i), for “1995” substitute “2011”; and
(b)in paragraph (8), for “1995” substitute “2011”.
116Amendment of regulation 14#
In regulation 14 (repayment of investments in certain cases), in paragraph (1)(b)(i), for “E9 of the 1995” substitute “E15 of the 2011”.
117Amendment of regulation 15#
In regulation 15 (payments by Secretary of State)—
(a)in paragraph (3)(b)(ii)(aa), for “1995” substitute “2011”;
(b)in paragraph (9), for “E6 of the 1995” substitute “E12 of the 2011”; and
(c)in paragraph (10)(a), for the words from “E2(7)” to “1995” substitute “E2(8) (early retirement pension on ill health grounds (pre 1st April 2008)), E3(7) (early retirement on ill health grounds (post 1st April 2008)) or E12(7) (preserved pensions) of the 2011”.
118Amendment of regulation 19#
In regulation 19 (offset for crime, negligence or fraud), for “T5 of the 1995” substitute “T6 of the 2011”.
119Amendment of regulation 20#
In regulation 20 (loss of rights to benefit) for “T6 of the 1995” substitute “T7 of the 2011”.
120Amendment of Schedule 2#
In Schedule 2 (pension sharing on divorce or nullity of marriage or dissolution or nullity of civil partnership)—
(a)in paragraph 1(5)(b), for “1995” substitute “2011”;
(b)in paragraph 13(1)(a), for “T5 of the 1995” substitute “T6 of the 2011”;
(c)in paragraph 14(1)(a), for “T6 of the 1995” substitute “T7 of the 2011”; and
(d)in paragraph 14(1)(b), for “T6 of the 1995” substitute “T7 of the 2011”.
Part 6 · Amendment of the national health service (compensation for premature retirement) (scotland) regulations 2003
121Amendments to the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003#
The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003 are amended in accordance with this Part.
122Amendment of regulation 2#
In regulation 2 (interpretation), in paragraph (1)—
(a)in the definition of “officer”—
(i)for “Superannuation Scheme” in the three places where it occurs substitute “2011”; and
(ii)for “E3” substitute “E6”;
(b)omit the definition of “the Superannuation Scheme Regulations”;
(c)after the definition of “the 1980 Regulations” insert—“• “the 2011 Regulations” means the National Health Service Superannuation Scheme (Scotland) Regulations 2011;”
(d)in the definition of “pensionable employment”, for “Superannuation Scheme” substitute “2011”; and
(e)in the definition of “pensionable service” for “Superannuation Scheme” substitute “2011”.
123Amendment of regulation 3#
In regulation 3 (persons to whom the Regulations apply)—
(a)in paragraph (a), for “E3 of the Superannuation Scheme” substitute “E6 of the 2011”; and
(b)in paragraph (b)—
(i)for “E3B of the Superannuation Scheme” substitute “E8 of the 2011”; and
(ii)for “E3” substitute “E6”.
124Amendment of regulation 4#
In regulation 4 (payment of compensation)—
(a)in paragraph (1), for “E7 of the Superannuation Scheme” substitute “E13 of the 2011”;
(b)in paragraph (2), for “Superannuation Scheme” in both places where it occurs substitute “2011”; and
(c)in paragraph (3), for “E7 of the Superannuation Scheme” substitute “E13 of the 2011”.
125Amendment of regulation 5#
In regulation 5 (crediting of additional period of service)—
(a)in paragraph (1)(a)(i), for “Superannuation Scheme” substitute “2011”;
(b)in paragraph (1)(b)(i), for “Superannuation Scheme” substitute “2011”; and
(c)in paragraph (3), for “Superannuation Scheme” substitute “2011”.
126Amendment of regulation 6#
In regulation 6 (calculation of compensation)—
(a)in paragraph (1)—
(i)for “E3 of the Superannuation Scheme” substitute “E6 of the 2011”; and
(ii)for “E7” substitute “E13”;
(b)in paragraph (2), for “Superannuation Scheme” substitute “2011”;
(c)in paragraph (3), for “Superannuation Scheme” substitute “2011”;
(d)in paragraph (4), for “E3 of the Superannuation Scheme” substitute “E6 of the 2011”; and
(e)in paragraph (5), in the definition of “the whole-time equivalent”, for “Superannuation Scheme” substitute “2011”.
127Amendment of regulation 7#
In regulation 7 (partial surrender of annual allowance)—
(a)for “Superannuation Scheme” substitute “2011”;
(b)for “(allocation of part of pension)” substitute “(allocation of pension by member for benefit of dependant)”; and
(c)for “Superannuation Regulations” substitute “2011 Regulations”.
128Amendment of regulation 8#
In regulation 8 (compensation payable to widow, widower, surviving civil partner or dependants)—
(a)in paragraph (2)—
(i)for “Superannuation Scheme” substitute “2011”; and
(ii)for “Superannuation Regulations” substitute “2011 Regulations”;
(b)in paragraph (3), for “Superannuation Scheme” substitute “2011”; and
(c)in paragraph (4)—
(i)for “Superannuation Scheme” in both places where it occurs substitute “2011”; and
(ii)in the full out, for “Superannuation Regulations” substitute “2011 Regulations”.
129Amendment of regulation 9#
In regulation 9 (compensation where lump sum on death becomes payable)—
(a)in paragraph (1), for “Superannuation Scheme” where it first occurs substitute “2011”;
(b)in paragraph (1)(b)—
(i)for “E3” substitute “E6”; and
(ii)for “E7 of the Superannuation Scheme” substitute “E13 of the 2011”; and
(c)in paragraph (2), for “F5(3A) of the Superannuation Scheme” substitute “F5(4) or (5) of the 2011”.
130Amendment of regulation 10#
In regulation 10 (adjustments of compensation)—
(a)in paragraph (1), for “Superannuation Scheme” substitute “2011”; and
(b)in paragraph (2), in the full out, for “Superannuation Scheme” substitute “2011”.
Part 7 · Miscellaneous
133Option 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).
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