- 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 this Section of the scheme (but see regulation 3.D.5(8) (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) (amount of surviving child's pension: active member and non-contributing members).
- 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) would be reasonable for the member to refuse;
- approved salary sacrifice arrangement
means an arrangement specified by the scheme manager under which the member gives up the right to receive part of their salary in return for their employer agreeing to provide the member with benefits in kind as specified by the scheme manager;
- assistant practitioner
means— (a) in the case of a registered medical practitioner, a GP performer (other than a GP provider) who is— (i) employed (under a contract of employment or a contract for services) by a GMS practice, a section 17C agreement provider, an HBPMS contractor, an OOH provider or a Health Board;
- automatic enrolment date
means the date referred to in section 3(7) (automatic enrolment) of the 2008 Act;
- automatic re-enrolment date
means the date determined in accordance with regulation 12 (opting out) of the 2010 Regulations (as modified by regulation 14 (jobholders excluded from automatic re-enrolment) of those Regulations);. • “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;
- 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;
- 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;
- basic death pension
means the greater of—
- 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 satisfies any requirement of Her Majesty’s Revenue and Customs and “buy-out” is to be construed accordingly;
- calculation method A
means the calculation method provided for in regulation 4.B.9;
- calculation method B
means the calculation method provided for in regulation 4.B.10;
- calculation method C
means the calculation method provided for in regulation 4.B.11;
- calculation method D
means the calculation method provided for in regulation 4.B.12;
- capped Optant pensionable earnings
means the amount of pensionable earnings that the Optant is entitled to count under regulations 3.K.3 and 3.K.5 in respect of an amount of capped pensionable earnings for service in the 1995 Section up to, and including, 31st March 2008.
- capped Optant service
has the meaning given in regulation 2.K.11;
- capped transferred-in service
has the meaning given in regulation 2.F.12;
- CCT
means a certificate of completion of training awarded under section 34L(1) of the Medical Act 1983, including any such certificate awarded in pursuance of the competent authority functions of the General Medical Council specified in section 49B of, and Schedule 4A to, that Act;
- certification services
means services related to the provision of the medical certificates listed in schedule 4 (list of prescribed medical certificates) ofthe GMS Contracts 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— (i) a partner in a partnership that is— (aa) a GMS practice (under a GMS contract);
- 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 2.C.8(8) (member's option to pay additional periodical contributions to purchase additional pension);
- core hours
means the period beginning at 8.00 a.m. and ending at 6.30 p.m. on any day from Monday to Friday except Good Friday, Christmas Day and a bank holiday;
- corresponding 1995 scheme
means a corresponding health service scheme the provisions of which the Scottish Ministers have determined correspond to the 1995 Section;
- corresponding 2008 scheme
means a corresponding health service scheme the provisions of which the Scottish Ministers have determined correspond to the provisions of this Section of the scheme;
- corresponding health service scheme
means— (a) a superannuation scheme provided under regulations made under section 10 of the Superannuation Act 1972 and having effect in England and Wales;
- deferred member
has the meaning given in section 124(1) (interpretation of Part 1) of the 1995 Act and, except where the context requires otherwise, refers to membership of this Section 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));
- dentist
means a dental practitioner registered in the register of dentists kept under section 14 of the Dentists Act 1984;
- dispensing services
has the meaning given in regulation 3.A.1 (interpretation of Part 3: general);
- E11
includes the equivalent of those regulations in a health service scheme the provisions of which correspond to the 2011 Regulations;
- electronic communication
has the same meaning as in section 15(1) of the Electronic Communications Act 2000.
- employing authority
means— (a) a Health Board, a Special Health Board, the Common Services Agency for the Scottish Health Service (constituted by section 10 of the 1978 Act) or Healthcare Improvement Scotland (established by section 10A of the 1978 Act);
- employment
includes an office or appointment (other than an honorary office or appointment) and related expressions are to be read accordingly;
- enhanced services
has the meaning given in regulation 3.A.1 (interpretation of Part 3: general);
- essential services
has the meaning given in regulation 3.A.1 (interpretation of Part 3: general);
- final determination by the Pensions Ombudsman
means a written determination under section 151 (determinations of the Pensions Ombudsman) of the 1993 Act made as the result of the investigation of a complaint by the person in respect of the stage 2 decision that was received by the Pensions Ombudsman within a period of three years starting with the day on which the person is sent written notification of the stage 2 decision.
- forfeiture certificate
means a certificate that the Scottish Ministers are satisfied that the offence—
- FSAVC
means—
- guarantee date
has the meaning given in regulation 3.F.2(2) (applications for statements of entitlement);
- guaranteed cash equivalent transfer value payment
has the meaning given in regulation 3.F.3(3) (applications for transfer value payments: general);
- 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;
- Health Board
means a Health Board constituted under section 2(1)(a) of the 1978 Act;
- Increase Factor
means the factor that would have applied to the 1995 Section Pension Debit for the purposes of section 29 (creation of pension debits and credits) of the 1999 Act if the Optant had become entitled to a pension under the 2011 Regulations— (a) on the date that the Optant becomes entitled to a pension referred to in paragraph (1)(a);
- increment period
has the meaning given in regulation 4.B.12(2);
- interim or substitute award
means—
- interim reckonable pay
means the member's pensionable pay for that period.
- lifetime allowance charge
has the meaning given in section 214(1) of the 2004 Act;
- local authority
means a council constituted under section 2 (constitution of councils) 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;
- locum services
has the meaning given in regulation 3.A.11(3) (meaning of pensionable earnings in relation to other practitioners).
- 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;
- minimum transfer value
means—
- non-contributing member
means a member who— (a) is under age 75 and in NHS employment;
- 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 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 GP performer) 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 6.30 p.m. on any day from Monday to Thursday and ending at 8.00 a.m. the following day;
- parental bereavement leave
has the meaning given in regulation 3 of the Parental Bereavement Leave Regulations 2020;
- pay period
means, in relation to members who receive either salary, wages or other regular payments under a contract of employment or a contract for services, the period in respect of which each payment is made in accordance with the terms of 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 the member's 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 certificate referred to in regulation 3.J.14, or the latest scheme year's final pensionable earnings referred to in regulation 3.C.2 (members' contribution rate), and agreed with each relevant Health Board or someone appointed to act on its behalf or employer;
- 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 member
has the meaning given in section 124(1) (interpretation of Part 1) of the 1995 Act;
- pension credit rights
has the meaning given in section 101B (interpretation) of the 1993 Act;
- pension debit member
means a member of this Section of the scheme whose benefits, or future benefits, under this scheme have been reduced under section 31 (reduction under pension sharing order following divorce or nullity of marriage) of the 1999 Act, whether before or after the person became a member of this Section of the scheme;
- 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 an officer which is pensionable under this Part;
- pensionable pay
means practitioner income less any sum on account of practice expenses (for these purposes, contributions payable under regulation 2.C.1(5) or (6) (contributions of members) are neither practitioner income nor practice expenses).
- pensionable service
has the meaning given in regulations 3.A.3 (meaning of “pensionable service”) (read with 3.A.4 (pensionable service: breaks in service));
- 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 this Section 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 until age 60.
- permitted maximum
means— (a) in relation to the tax year 2008/09, £117,600;
- personal pension scheme
means a personal pension scheme which— (a) in the case of a scheme established on or after 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 2.F (transfers);
- practice staff
means a person (other than an assistant practitioner, a principal practitioner, a GP registrar or a 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 GP provider, a GP performer or a locum practitioner;
- 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 (preservation of benefit under occupational schemes) of Part 4 of the 1993 Act relating to the preservation of benefits under occupational pension schemes;
- previous earnings
has the meaning given in regulation 3.H.5.
- previous pay
has the meaning given in regulation 2.H.5.
- previous scheme year
means the scheme year immediately preceding the scheme year in respect of which contributions are payable in accordance with this Part (“the current scheme year”);
- principal practitioner
has the meaning given in regulation 3.A.1 (interpretation of Part 3: general);
- public sector transfer arrangements
means arrangements approved by the Scottish Ministers as providing reciprocal arrangements for the payment and receipt of transfer values between this Section of the scheme and other occupational pension schemes;
- qualifying service
has the meaning given in regulation 2.A.6 (meaning of “qualifying service”) (read with regulation 2.A.7 (qualifying service: disregard of breaks in service));
- quarter
means a three month period ending on the last day of March, June, September or December;
- recent leaver
has the meaning given in regulation 3.E.6(3) (amount of surviving adult's pension: recent leavers);
- reckonable pay
has the meaning given in regulation 2.A.11 (meaning of “reckonable pay”: general) (read with regulations 2.A.12 (adjustments for inflation in determining reckonable pay) to 2.A.15 (meaning of “reckonable pay”: concurrent part-time employments));
- Reduction Factor
means the reduction factor that the Scottish Ministers, after taking advice from the scheme actuary, determines would have applied to that Optant's lump sum retiring allowance under regulation E14(7)(b) (deductions from lump sum) of the 2011 Regulations if that Optant had become entitled to a pension calculated under regulation E11 (early retirement pension (with actuarial reduction)) of those Regulations on the day the Optant became entitled to a pension under regulation 2.D.4 (early payment of pension with actuarial reduction) or, as the case may be, regulation 2.D.5 (partial retirement: members aged at least 55);
- registered medical practitioner
means a fully registered medical practitioner within the meaning given in section 55 of the Medical Act 1983;
- 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 income
has the meaning given in regulation 3.H.4.
- relevant pension
means a pension payable to that member under regulation—
- relevant service
means—
- relevant table
means— Column 1 Pensionable earnings band Column 2 Contribution percentage rate Up to £20,605 5.2% £20,606 - £24,972 5.8% £24,973 - £31,648 7.3% £31,649 - £64,094 9.5% £64,095 - £89,731 12.7% £89,732 - £119,560 13.7% £119,561 to any higher amount 14.7%
- retail prices index
has the meaning given in section 989 (the definitions) of the Income Tax Act 2007;
- salary sacrifice arrangement
means an arrangement under which the member gives up the right to receive an amount of pensionable pay in return for the provision of a benefit in kind;
- scheme administrator
means the scheme administrator under regulation 2.J.1;
- 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 (personal medical or dental services) 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;
- shared parental leave
has the meaning given in regulation 3 of the Shared Parental Leave Regulations 2014;
- Special Health Board
means a Special Health Board constituted under section 2(1)(b) of the 1978 Act;
- specified percentage
means the percentage of the member's pension in respect of which the member claims immediate payment under regulation 2.D.5(4)(a);
- specified period
means any single scheme year falling in the period, or periods, referred to in regulation 2.A.11(4), (6) or (7);
- Specified Service
means the amount of the Optant's Relevant Service (expressed in days) multiplied by the specified percentage.
- Specified Uprated Earnings
means the amount of the Optant's Relevant Uprated Earnings multiplied by the percentage of the member's pension in respect of which the member claims immediate payment under regulation 3.D.5(3)(a) (“the specified percentage”).
- stage 1 dispute
means a request made to the Scottish Ministers for a review of the first decision under section 50 (resolution of disputes) of the 1995 Act, that is received by the Scottish Ministers within a period of 6 months starting with the date on which that person was sent written notification of the original decision;
- stage 2 dispute
means a request made to the Scottish Ministers to review the stage 1 decision under section 50 of the 1995 Act that is received by the Scottish Ministers within a period of 6 months starting with the day on which that person is sent a written notification of a stage 1 decision;
- 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;
- 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 Section
means the part of the scheme, the rules of which are set out in the 2011 Regulations;
- the 1997 Act
means the National Health Service (Primary Care) Act 1997;
- the 1999 Act
means the Welfare Reform and Pensions Act 1999;
- the 2004 Act
means the Finance Act 2004;
- the 2006 Act
means the National Health Service Act 2006;
- the 2008 Act
means the Pensions Act 2008;
- the 2008 Regulations
means the National Health Service Pension Scheme (Scotland) Regulations 2008;
- the 2010 Regulations
means the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010;
- the 2011 Regulations
means the National Health Service Superannuation Scheme (Scotland) Regulations 2011;
- the 2013 Act
means the Public Service Pensions Act 2013;
- the 2014 Act
means the Public Service Pensions Act (Northern Ireland) 2014. • “the 2015 Scheme” means the scheme set out in the National Health Service Pension Scheme (Scotland) Regulations 2015;
- the 2015 Scheme
means the scheme set out in the National Health Service Pension Scheme (Scotland) Regulations 2015;
- the appropriate amount
means—
- the appropriate fraction
means— (a) if there is a surviving parent of the dependent child or children or a surviving spouse or civil partner of a parent of the dependent child or children and a surviving adult's pension is payable— (i) one-quarter if there is only one dependent child;
- the appropriate increase
means the increase calculated in accordance with regulation 3.F.11 (calculation of increase to pensionable earnings as a result of a transfer-in).
- the appropriate period
means the period calculated in accordance with regulation 2.F.11 (calculation of transferred-in pensionable service).
- 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 75% of the pension to which the deceased would have been entitled if the deceased had become entitled to— (a) a pension under regulation 2.D.8(5) (early retirement on ill health: active members and non-contributing members) on the date of death;
- 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 GMS Contracts Regulations
means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018;
- the guarantee date
means any date that falls within the required period and is—
- the health service
has the meaning given in section 108(1) (interpretation and construction) of the 1978 Act;
- the initial period
means—
- 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 option day
means the day before the reduction referred to in paragraph (1)(d) by virtue of which the option is exercisable takes effect;
- the prices index
means, as regards any month, the change in the general level of prices for that month used to determine increases to official pensions for the purposes of the Pensions (Increase) Act 1971.
- the relevant day
means— (a) in a case within paragraph (1)(a), the day on which the member's active membership ceases;
- the relevant period
means a period equal to the period of employment that qualified the member for the rights in respect of which the transfer payment is being made.
- the required period
means—
- 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 this Section of the scheme;
- the transitional enhancement period
means two-thirds of the Optant's assumed pensionable service;
- this Section of the scheme
means the part of the scheme, the rules of which are set out in these Regulations;
- trade dispute
has the meaning given in section 35(1) (interpretation) of the Jobseekers Act 1995;
- 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;
- Waiting Period A
means a period of two calendar years beginning on the day the person becomes entitled to the pension under the 2011 Regulations;
- Waiting Period B
means a period beginning on the day the person becomes entitled to the pension under the 2011 Regulations equal to the calendar length of— (a) any increase in the person's pensionable service in the 1995 Section which has been applied in accordance with regulation E2(3) (early retirement pension on ill health grounds (pre 1st April 2008)) of the 2011 Regulations;
- Waiting Period Joiner
has the meaning given in regulation 2.L.1;