Contents
- Part 1 General
- Part 2 Amendment of the national health service superannuation scheme (scotland) regulations 2011
- Part 3 Amendment of the national health service pension scheme (scotland) regulations 2008
- Part 4 Amendment of the national health service (scotland) (injury benefits) regulations 1998
- Part 5 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) Regulations 2013.
(2)These Regulations come into force on 20th May 2013 and, except as provided in paragraphs (3) to (8), have effect from that date.
(3)Regulations 30, 39, 40, 48, 49(c), 50, 57, 58 and 65 have effect from 1st April 2008.
(4)Regulations 12, 13, 14, 20 and 21 have effect from 1st April 2011.
(5)Regulation 15 has effect from 6th April 2012.
(6)Regulations 3 to 8, 16, 17, 29, 31, 32, 49(a), (b), (d) and (e), 52 and 53 have effect from 1st January 2013.
(7)Regulations 67 to 70 have effect from 31st March 2013.
(8)Regulations 9, 10, 11, 23, 24, 25, 27, 28, 33, 34, 35, 38, 41 to 46, 54 and 59 to 63 have effect from 1st April 2013.
Part 2 · Amendment of the national health service superannuation scheme (scotland) regulations 2011
2Amendments to the 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 A2#
In regulation A2(4) (interpretation)—
(a)after “the 2004 Act” in column 1 and the corresponding meaning in column 2 insert—“”
(b)after “the 2008 Section” in column 1 and the corresponding meaning in column 2 insert—“”
(c)after “assistant practitioner” in column 1 and the corresponding meaning in column 2 insert—“”
(d)for “pay period” in column 1 and the corresponding meaning in column 2 substitute—“”
4Amendment of regulation B1#
For regulation B1(2) (membership of this Section of the scheme) substitute—“2 Subject to paragraph (3), each eligible person will be included in this Section of the scheme—a automatically on commencing NHS employment;b subject to regulation B5(3), where the person has previously opted out of this Section of the scheme and has given notice in accordance with regulation B5(1), on the date determined under paragraph (2) of that regulation;c subject to regulation B5(3), where the person has previously opted out of this Section of the scheme and is a person to whom section 3 or section 5 of the 2008 Act applies—i on that person’s automatic enrolment date; orii on that person’s automatic re-enrolment date, except where the notice referred to in regulation B4(1) was given within the period of 12 months immediately preceding that date.”
5Amendment of regulation B2#
In regulation B2(1) (age limits and restrictions on membership)—
(a)in sub-paragraph (k)(ii), for “paragraphs (1) or (2)” substitute “paragraph (1)”;
(b)in sub-paragraphs (l)(ii), (m)(ii), (n)(ii) and (o)(ii), omit “or (2)”; and
(c)in sub-paragraph (l)(iii)(bb), for “(6)” substitute “(7)”.
6Amendment of regulation B4#
In regulation B4 (opting out of this Section of the scheme)—
(a)omit paragraphs (2) to (4);
(b)for paragraph (5) substitute—“5 A notice referred to in paragraph (1) takes effect—a from the first day of the pay period immediately following its receipt by the employing authority; orb where a later date is specified in the notice, from the first day of the pay period following the pay period in which the specified date falls.”
(c)for paragraph (7) substitute—“7 A person who opts out of this Section of the scheme under paragraph (1) within one month of the date of commencing NHS employment is to be treated as never having been included in this Section of the scheme in respect of that opt out and, if applicable, any contributions made by, or on behalf of, that person before the opt out took effect must be refunded.”
(d)for paragraph (8) substitute—“8 A notice under paragraph (1) ceases to have effect on the day immediately preceding, as the case may be, the person’s—a automatic enrolment date; orb automatic re-enrolment date: this does not apply where the notice was given within the period of 12 months immediately preceding that date.”
(e)after paragraph (9) insert—“10 This regulation and regulation B5 do not apply to a person to whom section 3, 5 or 8 of the 2008 Act and regulation 9 or 15 of the 2010 Regulations apply (that is, a person who is subject to automatic enrolment or automatic re-enrolment in this Section of the scheme as a qualifying scheme who does not wish to participate in it): this paragraph does not affect the rights of such a person who subsequently becomes a member of this Section of the scheme in circumstances where those provisions of the 2008 Act and 2010 Regulations do not apply.”
7Amendment of regulation B5#
In regulation B5 (rejoining this Section of the scheme)—
(a)in paragraph (1)—
(i)for “paragraphs (3) and (4), a member” substitute “paragraph (3), a person”; and
(ii)before “rejoin” insert “join or”;
(b)in paragraph (2), for “member” substitute “person”;
(c)for paragraphs (3) and (4) substitute—“3 A person who has opted out may not rejoin this Section of the scheme during any period of absence from work for any reason.”
(d)for the heading to the regulation substitute—“”
8Amendment of regulation B6#
In regulation B6 (opting into this Section of the scheme: mis-sold pensions)—
(a)in paragraph (2), before “rejoin” insert “join or”; and
(b)in paragraph (3), before “rejoin” insert “join or”.
9Amendment of regulation D1#
For regulation D1(4) (contributions by members) substitute—“4 Before determining those pensionable pay bands or contribution percentage rates under paragraph (3), the Scottish Ministers must consider the advice of the scheme actuary.”
10Amendment of regulation D2#
In regulation D2 (contributions and other payments by employing authorities)—
(a)in paragraph (7A), at the end insert (as full out words) “This is subject to paragraph (7B).”; and
(b)after paragraph (7A) insert—“7B Where the member leaves pensionable employment on or after 1st April 2013, any additional contributions that are due to the Scottish Ministers under paragraph (5)(a), in respect of a pension payable under regulation E7, and paragraph (5)(b), (d) and (e) may only be paid by a single payment of an amount determined by the Scottish Ministers on the advice of the scheme actuary: that payment must be made within one month of the date on which the pension under regulation E7 became payable.”
11Amendment of regulation E7#
For regulation E7(2) (early retirement pension (redundancy etc. new starters and post transition)) substitute—“2 Those conditions are that—a the member has two years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;b the member’s employing authority certifies—i that the member has at least two years’ continuous employment determined in accordance with any terms and conditions applying to that employment; andii if the member’s employment is terminated by reason of redundancy, that the member is entitled to claim a pension under this regulation as an alternative to receiving the lump sum payment (in whole or in part) otherwise payable to him in accordance with those terms and conditions;c the member’s employing authority does not certify that the member has unreasonably refused to seek suitable alternative employment or accept an offer of such employment;d the Scottish Ministers certify—i that the member’s employment is terminated by reason of redundancy; orii with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which the member is employed; ande the member makes a claim for the pension referred to in this regulation.”
12Amendment of regulation G6#
After regulation G6(3) (widow’s pension when member marries after leaving pensionable employment) insert—“4 Where the nominated partner referred to in G14 (surviving nominated partner’s pension) becomes the member’s widow on the member’s death, the widow’s pension will, if it would be more beneficial to the widow, be equal to the nominated partner pension that would have been payable if the widow and the member had not been married to each other.”
13Amendment of regulation G14#
In regulation G14(5) (surviving nominated partner’s pension)—
(a)after “other” insert “during any period of pensionable employment”; and
(b)for “was not effective” substitute “becomes effective after all pensionable employment has ceased”.
14Amendment of regulation H4#
For regulation H4(5) (child allowance when member dies after pension becomes payable) substitute—“5 If the member dies leaving a dependent child and there is no surviving parent (or spouse, civil partner or nominated partner of a parent) the allowance—a for the period of 6 months beginning with the member’s death, will be the greater of—i the amount of the member’s pension calculated without regard to any reduction made under regulation S2 (reduction of pension on return to NHS employment); andii the amount of child allowance that would otherwise be payable under these Regulations; andb following the period referred to in sub-paragraph (a), will be equal to—i one-third of the pension described in paragraph (2) if there is only one dependent child; andii two-thirds of the pension described in paragraph (2) if there are two or more dependent children.”
15Amendment of regulation K6#
In regulation K6(1) (protected rights transferred to this Section of the scheme), after “Where” insert “, before 6th April 2012,”.
16Amendment of regulation N1#
In regulation N1(3)(b) (member’s right to transfer accrued rights to benefits to this Section of the scheme), for “(rejoining this Section of the scheme)” substitute “(joining or rejoining this Section of the scheme after opting out)”.
17Amendment of regulation N5#
In the heading to regulation N5, for “rejoin this Section of the scheme” insert “join or rejoin this Section of the scheme after opting out”.
18Amendment of regulation Q13#
In regulation Q13 (cancellation and cessation of options under regulation Q8)—
(a)in paragraph (4), after “such an option” insert “in accordance with paragraph (3)”; and
(b)after paragraph (4) insert—“5 If, after the exercise of the option under regulation Q8, the Scottish Ministers have reasonable grounds to believe that the member’s health will prevent the member from paying contributions for the whole contribution period, the Scottish Ministers may cancel the option by giving the member notice in writing.6 If the Scottish Ministers cancel such an option in accordance with paragraph (5), the additional periodical contributions cease to be payable for the first pay period beginning after the date specified in the notice and all subsequent pay periods and any periodical payments made before the date of cancellation must be returned to the member.”
19Amendment of regulation Q15#
In regulation Q15 (effect of death or early payment of pension after option exercised under regulation Q8, Q10 or Q11), in paragraphs (2) and (4), at the beginning insert “Subject to regulation Q13(5) and (6),”.
20Amendment of regulation S1#
In regulation S1(5) (suspension of pension on return to NHS employment)—
(a)at the end of sub-paragraph (b) omit “and”; and
(b)after sub-paragraph (c) insert—“d employment with an employer with whom an agreement has been made under section 235 of the National Health Service Act 2006; ande employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967.”
Part 3 · Amendment of the national health service pension scheme (scotland) regulations 2008
26Amendments to the National Health Service Pension Scheme (Scotland) Regulations 2008#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60Amendment of regulation 3.H.4#
In regulation 3.H.4 (meaning of “relevant income”) for “scheme year”, in both places it occurs, substitute “financial year”.
61Amendment of regulation 3.H.5#
In regulation 3.H.5 (meaning of “previous earnings”: general) for “scheme year”, in each of the three places it occurs, substitute “financial year”.
62Amendment of regulation 3.H.6#
In regulation 3.H.6 (employed pensioners with more than one pension) for “scheme year”, in each of the four places it occurs, substitute “financial year”.
63Amendment of regulation 3.H.7#
In regulation 3.H.7 (provisional reductions and later adjustments), for “scheme year”, in each of the eight places it occurs, substitute “financial year”.
64New regulation 3.J.2A#
After regulation 3.J.2 (claims for benefits) insert—“3.J.2A 1 The Scottish Ministers may specify a date by which a person who is in receipt of a benefit under this Section of the scheme is to provide the Scottish Ministers with all or any of the following material—a evidence of the person’s identity;b the person’s contact details; andc evidence of the person’s continuing entitlement to the benefit.2 Where a person fails to provide the material referred to in paragraph (1) in accordance with that paragraph the Scottish Ministers may withhold all, or any part, of any benefit payable to that person.”
Part 4 · Amendment of the national health service (scotland) (injury benefits) regulations 1998
66Amendments to the National Health Service (Scotland) (Injury Benefits) Regulations 1998#
The National Health Service (Scotland) (Injury Benefits) Regulations 1998 are amended in accordance with this Part.
67Amendment of regulation 2#
In regulation 2(1) (interpretation), in the definition of “average remuneration”—
(a)in paragraph (b)(aa), for “regulation 4(3)” substitute “regulation 4(3A) or (3D)”; and
(b)in paragraph (b)(bb), for “regulation 4(4) or (5)”, substitute “regulation 4(4), (4B), (5) or (5B)”.
68Amendment of regulation 4#
In regulation 4 (scale of benefits)—
(a)in paragraph (2), after “earning ability is” insert “permanently”; and
(b)omit paragraph (6A).
69Amendment of regulation 18A#
In regulation 18A (claims for benefits), after paragraph (1) insert—“1A No person shall be entitled to a benefit under these Regulations unless the person seeking the benefit makes a claim in accordance with this regulation and regulation 18B within a period of 6 months (or such longer period as the Scottish Ministers decide is reasonable) commencing with the day on which the person becomes aware (or, if earlier, the day on which the Scottish Ministers consider it is reasonable to expect the person to have become aware) that the person may be a person to whom regulation 3(1) applies.”
Part 5 · Miscellaneous
71Option 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 (“the amended Regulations”) to or in respect of a person who having served in an employment or office which qualified the person to participate in the benefits provided under the amended Regulations, ceased to serve in that office or employment 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 is not to apply by giving notice in accordance with paragraph (3).
(3)A notice given pursuant to paragraph (2) must be in writing and must 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) has 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 before 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 is to 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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