LegalizeThe National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010
Amendment of regulation 4.A.2
95
In regulation 4.A.2 (interpretation: general)—
- (a) at the appropriate place in alphabetical order insert—
- “calculation method D” means the calculation method provided for in regulation4.B.11;
; and
- “increment period” has the meaning given in regulation 4.B.11(2);
; and
- (b) omit the definition of “principal practitioner”.
Amendment of regulation 4.B.1
96
In regulation 4.B.1(2)(a) and (b) (application of Chapter 4.B) omit “principal”.
Amendment of regulation 4.B.2
97
In regulation 4.B.2(1) (cases with up to 10 years officer service) omit “principal”.
Amendment of regulation 4.B.3
98
In regulation 4.B.3 (cases with more than 10 years officer service) omit “principal”.
New regulation 4.B.7A
99
After regulation 4.B.7 (cases with one year or more of concurrent officer service), insert—
(4.B.7A) Where a member who, before commencing the member’s 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), and— (a) that officer service is preceded by an earlier period of practitioner service; and (b) some or all of the member’s officer service is not concurrent with practitioner service, the reference amount in respect of such part of that officer service that is not concurrent with practitioner service shall be the better of— (i) the amount determined by calculation method D; and (ii) the base amount.
Amendment of regulation 4.B.8
100
- (1) Regulation 4.B.8 (calculation method A) shall be amended as follows.
- (2) Before “Calculation method A” insert paragraph number “(1)”.
- (3) After the newly numbered paragraph (1) insert—
(2) Where paragraph (1) applies— (a) the member is entitled to count part of the period of officer service referred to in that paragraph as a result of a transfer-in under regulation 3.F.10; and (b) the transfer-in is other than a transfer-in referred to in regulation 3.F.11(6), for the purposes of any calculation under regulation 4.B.2(1)(a) or 4.B.3(a), the amount of the pensionable pay deemed to be received in respect of that part period of officer service will be calculated in accordance with regulation 3.F.11(2).
New regulation 4.B.11
101
After regulation 4.B.10 (calculation method C), insert—
(4.B.11) (1) Calculation method D is the aggregate of the amounts payable under paragraphs (2), (3) and (4). (2) Subject to paragraph (5), the amounts payable under this paragraph are the additional amount that would be payable under Part 2 for the member’s period, or periods, of non-concurrent officer service (described in regulation 4.B.7A) in respect of the member’s pension and any retirement lump sum payable— (a) as a result of the member exercising the option under regulation 3.D.10; and (b) in the case of a 2008 Section Optant, the lump sum paid to that Optant under regulation 3.K.11, if those amounts were each subject to a 1.5%increase for each whole year or part of a year withinthe increment period. (3) The amounts payable under this paragraph are the amounts that would be payable under Part 2 for the member’s period, or periods, of non-concurrent officer service (described in regulation 4.B.7A), were it not for the additional amounts calculated under paragraph (2). (4) The amounts payable under this paragraph are the amounts payable under Chapter3.D. (5) For the purposes of paragraph (2)— (a) the increase referred to in that paragraph shall— (i) be applied in like manner and at the same intervals as an increase applied to a pension under the Pensions (Increase) Act 1971[^f00009]; and (ii) be effective immediately before the pension and lump sumbecome payable with the member’s benefits from practitioner service under Chapter 3.D; and (b) the increment period referred to in paragraph (2) shall— (i) begin with the day immediately following the day on which the officer service referred to in paragraph (2) ceased for the last time; and (ii) end with the day immediately before the pension and retirement lump sum become payable with the member’s benefits from practitioner service under Chapter 3.D.
Amendment of regulation 4.C.1
102
- (1) In regulation 4.C.1(1) (top-up where reference amount greater than base amount) for “4.B.7 (cases with more than one year of concurrent officer service)” substitute “4.B.7A (cases with non-concurrent officer service between periods of practitioner service)”.
- (2) In regulation 4.C.1(2) for “4.B.7” substitute “4.B.7A”.
Schedule 2 to these Regulations
103
Schedule 2 to these Regulations shall have effect.
PART 4 — AMENDMENT OF THE NATIONAL HEALTH SERVICE (SCOTLAND) (INJURY BENEFITS) REGULATIONS1998
Amendment of the National Health Service (Scotland) (Injury Benefits) Regulations 1998
104
- (1) The National Health Service (Scotland) (Injury Benefits) Regulations 1998[^f00010] 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
Amendment of the National Health Service (Scotland) (Additional Voluntary Contributions) Regulations 1998
105
- (1) The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998[^f00011] 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
Option to persons detrimentally affected by these Regulations
106
- (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”—
| (a) | regulation: | |||||
|---|---|---|---|---|---|---|
| A2(2)(b), (4) in the definition of— | A2(2)(b), (4) in the definition of— | A2(2)(b), (4) in the definition of— | H3(2) and (2A)(a) | Q4(1) | ||
| (i) | active member | |||||
| (ii) | employing authority (at paragraph (h)) | |||||
| (iii) | member (twice) | |||||
| (iv) | pensionable employment and | |||||
| (v) | Public Sector Transfer Arrangement | |||||
| A3(10), (11)(b) and (12) | A3(10), (11)(b) and (12) | A3(10), (11)(b) and (12) | H4(1) | Q5(6) | ||
| B1 header, B1(1), (2) (three times), (3) (three times), (4) and (5) | B1 header, B1(1), (2) (three times), (3) (three times), (4) and (5) | B1 header, B1(1), (2) (three times), (3) (three times), (4) and (5) | H5(2A) | Q8(5) (twice) | ||
| B2(1), (1)(d), (1)(e), (1)(g)(ii), (1)(h)(iii), (3) and (6) (twice) | B2(1), (1)(d), (1)(e), (1)(g)(ii), (1)(h)(iii), (3) and (6) (twice) | B2(1), (1)(d), (1)(e), (1)(g)(ii), (1)(h)(iii), (3) and (6) (twice) | J1(1) and (4)(a) | Q9 heading | ||
| B3 heading, B3(1) (twice), (2) (twice), (3)(a) and (3)(b) | B3 heading, B3(1) (twice), (2) (twice), (3)(a) and (3)(b) | B3 heading, B3(1) (twice), (2) (twice), (3)(a) and (3)(b) | J4(2) | Q10(3) | ||
| B4 heading, B4(1) (twice), (1A), (3), (4) (threetimes) and (6) | B4 heading, B4(1) (twice), (1A), (3), (4) (threetimes) and (6) | B4 heading, B4(1) (twice), (1A), (3), (4) (threetimes) and (6) | K2(1) | Q15(6) | ||
| B5 heading, B5(1) (three times), (1A) (three times) and (1A)(a), (1A)(b)(ii), (2) (twice), | B5 heading, B5(1) (three times), (1A) (three times) and (1A)(a), (1A)(b)(ii), (2) (twice), | B5 heading, B5(1) (three times), (1A) (three times) and (1A)(a), (1A)(b)(ii), (2) (twice), | K4(1) and (3) | Q16(4) and (5) | ||
| B6, B6(1)(a), (1)(b), (2), (3) and (4) in the definition of “active member”. | B6, B6(1)(a), (1)(b), (2), (3) and (4) in the definition of “active member”. | B6, B6(1)(a), (1)(b), (2), (3) and (4) in the definition of “active member”. | K5 heading, K5(1) (five times) | R2(1)(a)(ii), (4)(a) and (7) | ||
| C1(3), (3AZ) and (4)(f). | C1(3), (3AZ) and (4)(f). | C1(3), (3AZ) and (4)(f). | R3(1)(a) and (1)(b) | |||
| C2(1)(a), (1)(e) and (2)(b) | C2(1)(a), (1)(e) and (2)(b) | C2(1)(a), (1)(e) and (2)(b) | K6 heading, K6(1) | R4(2) (three times) and (10) | ||
| C3(4A) | C3(4A) | C3(4A) | K7(2) (twice) | R6(4) | ||
| D1(1), (2A)(a), (2B)(a) (twice) and (2D)(a), | D1(1), (2A)(a), (2B)(a) (twice) and (2D)(a), | D1(1), (2A)(a), (2B)(a) (twice) and (2D)(a), | L1(1), (3)(b) and (5) | R7(2) (twice), (2)(b), (3), (4) and (5) | ||
| D1(1), (2A)(a), (2B)(a) (twice) and (2D)(a), | D1(1), (2A)(a), (2B)(a) (twice) and (2D)(a), | D1(1), (2A)(a), (2B)(a) (twice) and (2D)(a), | L1(1), (3)(b) and (5) | R8(5) | ||
| D2(1) and (2) | D2(1) and (2) | D2(1) and (2) | L4(2)(c) | R11(2) | ||
| E2(11) | E2(11) | E2(11) | M1(1), (2) and (6) | R12(1)(a) | ||
| E2A(11) | E2A(11) | E2A(11) | M2(1) | S1(2) | ||
| E2C(5)(b) | E2C(5)(b) | E2C(5)(b) | M3(1), (1A)(a), (2) (threetimes) and (4)(b) | S2(2)(a), (4), (5), (6)(a), and (11) in the definition of “pension”, (12)(a)(i) (12)(a)(ii) | ||
| E6(1)(b) | E6(1)(b) | E6(1)(b) | M5(4)(a), (6) and (7) | T2 | ||
| E9(2) (twice), (3) (twice) and (7) | E9(2) (twice), (3) (twice) and (7) | E9(2) (twice), (3) (twice) and (7) | M6(1) and (2) | T2A(1), (2), (2A) (twice), (3) (twice), (4), (5), (5)(b), (6) (twice), (7) and (7)(a). | ||
| E10(3) | E10(3) | E10(3) | M6A(3)(b), (9)(a), (10)(twice), (12), (14)(a) and (14)(b) | T3(1), (2) and (3) | ||
| E11(7), (8) and (8)(b) | E11(7), (8) and (8)(b) | E11(7), (8) and (8)(b) | N1 heading, N1(1), (3) (a), (3)(b) and (4) (twice) | T6(1) and (2) | ||
| F2(1), (3), (8)(a) and (8)(c) | F2(1), (3), (8)(a) and (8)(c) | F2(1), (3), (8)(a) and (8)(c) | N3(2) | T7(3) | ||
| F3(1) | F3(1) | F3(1) | N3A, N3A(2)(a), (2)(c (twice), (3) (three times) and (5) in the definition of “transfer payment” (twice) and “transferred-out service” | T8(2) | ||
| F5(6)(a), (6)(b) and (9) | F5(6)(a), (6)(b) and (9) | F5(6)(a), (6)(b) and (9) | N4(1) | U3(1), (3), (4), (5)(b) and (6) | ||
| G1(3) | G1(3) | G1(3) | P1(1), (2), (3) and (4) | U4(6)(a), | ||
| G2(3), (4) and (5) | G2(3), (4) and (5) | G2(3), (4) and (5) | P2(2)(a) | W12(6)(c) | ||
| G3(1) | G3(1) | G3(1) | P3(1)(a), (1)(b), (1A)(a) and (1A)(b) | |||
| G4(2) and (2A) | G4(2) and (2A) | G4(2) and (2A) | Q1(1A)(b), (4), (6A)(a), (6B)(a), (9) and (11) in the definition of “pension debit member” | |||
| G6(3) | G6(3) | G6(3) | Q2(1) | |||
| G16(1) | G16(1) | G16(1) | Q3(1) | |||
| (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
In the following provisions of the National Health Service Pension Scheme (Scotland) Regulations 2008 for “2008 scheme” substitute “2008 Section”—
| regulation | |||
|---|---|---|---|
| A2 in the definition of “2008 scheme” | B2(1)(g)(iii) and (2) | E6(14)(c) in the definition of “NHS employment” | M6A heading, M6A(1), (3)(c), (7)(a), (12), (14)(a) (twice) and 14(b) |
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.A.1(1) in the definition of— | 2.A.1(1) in the definition of— | 2.A.1(1) in the definition of— | 2.F.14(1)(b) | 2.F.14(1)(b) | 2.F.14(1)(b) | 3.E.12(1) | ||
| (i) | active member | active member | |||||||
| (ii) | corresponding 2008 scheme | corresponding 2008 scheme | |||||||
| (iii) | deferred member | deferred member | |||||||
| (iv) | employing authority (at paragraph (g)) | employing authority (at paragraph (g)) | |||||||
| (v) | non-contributing member (at paragraph (b)) | non-contributing member (at paragraph (b)) | |||||||
| (vi) | the NHS superannuation scheme for Scotland 1995 | the NHS superannuation scheme for Scotland 1995 | |||||||
| (vii) | pensioner member | pensioner member | |||||||
| (viii) | public sector transfer arrangements. | public sector transfer arrangements. | |||||||
| (ix) | the scheme (twice) | the scheme (twice) | |||||||
| 2.A.1(2) 2.A.1(3) | 2.A.1(2) 2.A.1(3) | 2.A.1(2) 2.A.1(3) | |||||||
| 2.A.2(1)(a), | 2.A.2(1)(a), | 2.A.2(1)(a), | 2.F.15(1)(c), (2) and (3) | 2.F.15(1)(c), (2) and (3) | 2.F.15(1)(c), (2) and (3) | 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.A.4(2), (3), (3A), (4)(a)(ii), (6)(c) and (9) | 2.A.4(2), (3), (3A), (4)(a)(ii), (6)(c) and (9) | 2.F.16(2) | 2.F.16(2) | 2.F.16(2) | 2.F.16(2) | 3.E.25(1)(a) and (5)(i) | ||
| 2.F.17(1), (2)(c), (3)(a) and 4(a) | 2.F.17(1), (2)(c), (3)(a) and 4(a) | 2.F.17(1), (2)(c), (3)(a) and 4(a) | 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.A.5(1)(f)(i), (ii) and (3)(b) | 2.A.5(1)(f)(i), (ii) and (3)(b) | 2.G.1(1)(a), (b), (c), (d), (4)(a) and (6) | 2.G.1(1)(a), (b), (c), (d), (4)(a) and (6) | 2.G.1(1)(a), (b), (c), (d), (4)(a) and (6) | 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.A.6(4)(a) and (6)(b) | 2.A.6(4)(a) and (6)(b) | 2.G.3(1)(a) | 2.G.3(1)(a) | 2.G.3(1)(a) | 2.G.3(1)(a) | 3.F.2(1) | ||
| 2.G.4(5)(b) | 2.G.4(5)(b) | 2.G.4(5)(b) | 2.G.4(5)(b) | 3.F.4(3)(a) | |||||
| 2.A.7(2) | 2.A.7(2) | 2.A.7(2) | 2.H.(1)(a) and (4) | 2.H.(1)(a) and (4) | 2.H.(1)(a) and (4) | 2.H.(1)(a) and (4) | |||
| 2.A.8(1) and (7) | 2.A.8(1) and (7) | 2.A.8(1) and (7) | 2.H.4(1)(a) | 2.H.4(1)(a) | 2.H.4(1)(a) | 2.H.4(1)(a) | |||
| 2.A.9(10) | 2.A.9(10) | 2.A.9(10) | 2.H.6(1)(c) | 2.H.6(1)(c) | 2.H.6(1)(c) | 2.H.6(1)(c) | 3.F.7 | ||
| 2.A.12(1) | 2.A.12(1) | 2.A.12(1) | 2.J.4(1)(a) and (2) | 2.J.4(1)(a) and (2) | 2.J.4(1)(a) and (2) | 2.J.4(1)(a) and (2) | 3.F.8(1) | ||
| 2.A.15(8), (9)(b) and (10) | 2.A.15(8), (9)(b) and (10) | 2.A.15(8), (9)(b) and (10) | 2.J.5(1) (twice) | 2.J.5(1) (twice) | 2.J.5(1) (twice) | 2.J.5(1) (twice) | |||
| type=start slip=2012-06-01 time=13406322593392.B.1(1) type=end slip=2012-06-01 time=1340632259339 | type=start slip=2012-06-01 time=13406322593392.B.1(1) type=end slip=2012-06-01 time=1340632259339 | type=start slip=2012-06-01 time=13406322593392.B.1(1) type=end slip=2012-06-01 time=1340632259339 | 2.J.7(2)(a) | 2.J.7(2)(a) | 2.J.7(2)(a) | 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.B.2(1), (1)(c), (2), (3), (4) (twice), (5), (6) and (7) | 2.B.2(1), (1)(c), (2), (3), (4) (twice), (5), (6) and (7) | 2.J.8(1) | 2.J.8(1) | 2.J.8(1) | 2.J.8(1) | |||
| 2.B.3(1) and (6)(twice) | 2.B.3(1) and (6)(twice) | 2.B.3(1) and (6)(twice) | 2.J.9(2) and (7)(a) | 2.J.9(2) and (7)(a) | 2.J.9(2) and (7)(a) | 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.B.4 heading, 2.B.4(1) and (3) | 2.B.4 heading, 2.B.4(1) and (3) | 2.J.10(1) | 2.J.10(1) | 2.J.10(1) | 2.J.10(1) | 3.F.14(1)(b) | ||
| 2.B.5 heading, 2.B.5(1) and (6)(b) | 2.B.5 heading, 2.B.5(1) and (6)(b) | 2.B.5 heading, 2.B.5(1) and (6)(b) | 2.J.12(1) and (2) | 2.J.12(1) and (2) | 2.J.12(1) and (2) | 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.B.6 heading, 2.B.6(1), (2)(a) and 2(b) | 2.B.6 heading, 2.B.6(1), (2)(a) and 2(b) | 2.J.13(6)(a), (6)(b) and (8) | 2.J.13(6)(a), (6)(b) and (8) | 2.J.13(6)(a), (6)(b) and (8) | 2.J.13(6)(a), (6)(b) and (8) | 3.G.3(1)(a) | ||
| 2.C.1(1), (11)(a) and(14) | 2.C.1(1), (11)(a) and(14) | 2.C.1(1), (11)(a) and(14) | 3.A.1(1) in the definition of active member. | 3.A.1(1) in the definition of active member. | 3.A.1(1) in the definition of active member. | 3.A.1(1) in the definition of active member. | 3.G.4(5)(b) | ||
| 3.A.1(2) in the definition of— | 3.A.1(2) in the definition of— | 3.A.1(2) in the definition of— | 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), | 2.C.3(1)(a) (twice), (3)(a), (23)(a) and (b), | 2.C.3(1)(a) (twice), (3)(a), (23)(a) and (b), | 3.A.2(1) and (2) 3.A.3(1)(a) | 3.A.2(1) and (2) 3.A.3(1)(a) | 3.A.2(1) and (2) 3.A.3(1)(a) | 3.A.2(1) and (2) 3.A.3(1)(a) | type=start slip=2012-06-01 time=13406323023393.H.1(2)(a) and (5)type=end slip=2012-06-01 time=1340632302339 | ||
| 2.C.5(1) (twice), (2)(b) (twice) and (4) 2.C.9 heading | 2.C.5(1) (twice), (2)(b) (twice) and (4) 2.C.9 heading | 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.A.4(3), (3A), (4)(a)(ii), (6)(c) and (9) | 3.A.4(3), (3A), (4)(a)(ii), (6)(c) and (9) | 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) | 2.C.18(5) (twice), (9) and (9)(a) | 2.C.18(5) (twice), (9) and (9)(a) | 3.A.5(1)(e)(i), (ii) and (3)(a) | 3.A.5(1)(e)(i), (ii) and (3)(a) | 3.A.5(1)(e)(i), (ii) and (3)(a) | 3.A.5(1)(e)(i), (ii) and (3)(a) | 3.J.4(1)(a) and (2) | ||
| 2.D.1.(2)(b) | 2.D.1.(2)(b) | 2.D.1.(2)(b) | 3.A.6(4)(a), (6)(b) 3.A.8(2)(a), (7) and (10) | 3.A.6(4)(a), (6)(b) 3.A.8(2)(a), (7) and (10) | 3.A.6(4)(a), (6)(b) 3.A.8(2)(a), (7) and (10) | 3.A.6(4)(a), (6)(b) 3.A.8(2)(a), (7) and (10) | 3.J.5(1) (twice) | ||
| 2.D.6(5) | 2.D.6(5) | 2.D.6(5) | 3.A.9(1) | 3.A.9(1) | 3.A.9(1) | 3.A.9(1) | 3.J.7(2)(a) | ||
| 2.D.12(3), (3)(a), (b) and (7)(a) | 2.D.12(3), (3)(a), (b) and (7)(a) | 2.D.12(3), (3)(a), (b) and (7)(a) | type=start slip=2012-06-01 time=13406323431213.A.11(1)type=end slip=2012-06-01 time=1340632343121 | type=start slip=2012-06-01 time=13406323431213.A.11(1)type=end slip=2012-06-01 time=1340632343121 | type=start slip=2012-06-01 time=13406323431213.A.11(1)type=end slip=2012-06-01 time=1340632343121 | type=start slip=2012-06-01 time=13406323431213.A.11(1)type=end slip=2012-06-01 time=1340632343121 | 3.J.8(1) | ||
| 2.D.13(6)(a) | 2.D.13(6)(a) | 2.D.13(6)(a) | 3.A.15(8), (9)(b) and (10) | 3.A.15(8), (9)(b) and (10) | 3.A.15(8), (9)(b) and (10) | 3.A.15(8), (9)(b) and (10) | 3.J.9(2) and (7)(a) | ||
| 2.D.18(1), (2) and (6)(c) | 2.D.18(1), (2) and (6)(c) | 2.D.18(1), (2) and (6)(c) | 3.B.1(1), (5)(d)(ii) and (5)(e) | 3.B.1(1), (5)(d)(ii) and (5)(e) | 3.B.1(1), (5)(d)(ii) and (5)(e) | 3.B.1(1), (5)(d)(ii) and (5)(e) | 3.J.10(1) | ||
| 2.D.21(1)(a) and (5)(a) | 2.D.21(1)(a) and (5)(a) | 2.D.21(1)(a) and (5)(a) | 3.B.2(1), (3)(twice), (4), (5), (5)(b), (6) and (7) | 3.B.2(1), (3)(twice), (4), (5), (5)(b), (6) and (7) | 3.B.2(1), (3)(twice), (4), (5), (5)(b), (6) and (7) | 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) | 2.D.22(1), (1)(a), (2), (7) (three times), (9) and (10)(a) | 2.D.22(1), (1)(a), (2), (7) (three times), (9) and (10)(a) | 3.B.3(1) (twice) | 3.B.3(1) (twice) | 3.B.3(1) (twice) | 3.B.3(1) (twice) | 3.J.13(4)(b) and (6) | ||
| 2.E.3(4)(b) | 2.E.3(4)(b) | 2.E.3(4)(b) | 3.B.4 heading, 3.B.4 (1) and (3) | 3.B.4 heading, 3.B.4 (1) and (3) | 3.B.4 heading, 3.B.4 (1) and (3) | 3.B.4 heading, 3.B.4 (1) and (3) | |||
| 2.E.6(1)(a) | 2.E.6(1)(a) | 2.E.6(1)(a) | 3.B.5 heading, 3.B.5(1), (6)(b) and (7) (twice) | 3.B.5 heading, 3.B.5(1), (6)(b) and (7) (twice) | 3.B.5 heading, 3.B.5(1), (6)(b) and (7) (twice) | 3.B.5 heading, 3.B.5(1), (6)(b) and (7) (twice) | |||
| 2.E.10(1) | 2.E.10(1) | 2.E.10(1) | 3.B.6(1) and (2)(a) and (b) | 3.B.6(1) and (2)(a) and (b) | 3.B.6(1) and (2)(a) and (b) | 3.B.6(1) and (2)(a) and (b) | |||
| 2.E.11(1) | 2.E.11(1) | 2.E.11(1) | 3.B.7(2) 3.C.1(1) and (3) | 3.B.7(2) 3.C.1(1) and (3) | 3.B.7(2) 3.C.1(1) and (3) | 3.B.7(2) 3.C.1(1) and (3) | |||
| 2.E.12(1) | 2.E.12(1) | 2.E.12(1) | 3.C.3(1) (twice), (2)(b) and (4) | 3.C.3(1) (twice), (2)(b) and (4) | 3.C.3(1) (twice), (2)(b) and (4) | 3.C.3(1) (twice), (2)(b) and (4) | |||
| 2.E.15(1) | 2.E.15(1) | 2.E.15(1) | 3.C.5(17)(a) 3.C.7 heading | 3.C.5(17)(a) 3.C.7 heading | 3.C.5(17)(a) 3.C.7 heading | 3.C.5(17)(a) 3.C.7 heading | |||
| 2.E.25(1)(a), (5)(i) 2.E.26(1) | 2.E.25(1)(a), (5)(i) 2.E.26(1) | 2.E.25(1)(a), (5)(i) 2.E.26(1) | 3.C.16(5)(twice), (9) and (9)(a) | 3.C.16(5)(twice), (9) and (9)(a) | 3.C.16(5)(twice), (9) and (9)(a) | 3.C.16(5)(twice), (9) and (9)(a) | |||
| 2.F.1(3)(a) and (4) | 2.F.1(3)(a) and (4) | 2.F.1(3)(a) and (4) | 3.D.1(2)(b) | 3.D.1(2)(b) | 3.D.1(2)(b) | 3.D.1(2)(b) | |||
| 2.F.2(1) | 2.F.2(1) | 2.F.2(1) | 3.D.6(4) 3.D.14(1),(2) and (6)(c) | 3.D.6(4) 3.D.14(1),(2) and (6)(c) | 3.D.6(4) 3.D.14(1),(2) and (6)(c) | 3.D.6(4) 3.D.14(1),(2) and (6)(c) | |||
| 2.F.4(3)(a) | 2.F.4(3)(a) | 2.F.4(3)(a) | 3.D.17(1)(a) and (5)(a) | 3.D.17(1)(a) and (5)(a) | 3.D.17(1)(a) and (5)(a) | 3.D.17(1)(a) and (5)(a) | |||
| 2.F.7(1) | 2.F.7(1) | 2.F.7(1) | 3.D.18(1), (1)(a), (2)(a), (7)(a), (b), (9) and (10)(a) | 3.D.18(1), (1)(a), (2)(a), (7)(a), (b), (9) and (10)(a) | 3.D.18(1), (1)(a), (2)(a), (7)(a), (b), (9) and (10)(a) | 3.D.18(1), (1)(a), (2)(a), (7)(a), (b), (9) and (10)(a) | |||
| 2.F.8(1) | 2.F.8(1) | 2.F.8(1) | 3.E.3(4)(b) | 3.E.3(4)(b) | 3.E.3(4)(b) | 3.E.3(4)(b) | |||
| 2.F.9(1)(b) and (1)(c) | 2.F.9(1)(b) and (1)(c) | 2.F.9(1)(b) and (1)(c) | 3.E.6(1)(a) | 3.E.6(1)(a) | 3.E.6(1)(a) | 3.E.6(1)(a) | |||
| 2.F.10(2)(a) | 2.F.10(2)(a) | 2.F.10(2)(a) | 3.E.10(1) | 3.E.10(1) | 3.E.10(1) | 3.E.10(1) | |||
| 2.F.11(6)(a) and 6(b) | 2.F.11(6)(a) and 6(b) | 2.F.11(6)(a) and 6(b) | 3.E.11(1) | 3.E.11(1) | 3.E.11(1) | 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: | regulation: | regulation: | ||||||
|---|---|---|---|---|---|---|---|---|
| 2.A.1(1) in the definition of | 2.A.1(1) in the definition of | 2.A.1(1) in the definition of | 2.B.2(2)(a) and (c)(i) | 2.B.2(2)(a) and (c)(i) | 2.B.2(2)(a) and (c)(i) | 3.A.3(9) (twice) | 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.A.2(8) (twice) | 2.A.2(8) (twice) | 2.F.17 heading and 2.F.17(1) | 2.F.17 heading and 2.F.17(1) | 2.F.17 heading and 2.F.17(1) | 3.B.1(3)(b), (5)(a), (c), (d)(i), (e)(i), and (6)(a) | 3.B.1(3)(b), (5)(a), (c), (d)(i), (e)(i), and (6)(a) | |
| 2.A.5(1)(b) and (f)(ii) | 2.A.5(1)(b) and (f)(ii) | 2.A.5(1)(b) and (f)(ii) | 3.A.1(1) in the definition of | 3.A.1(1) in the definition of | 3.A.1(1) in the definition of | type=start slip=2012-06-01 time=13406323953093.B.2(1)(a) and (c)(ii)type=end slip=2012-06-01 time=1340632395309 | type=start slip=2012-06-01 time=13406323953093.B.2(1)(a) and (c)(ii)type=end slip=2012-06-01 time=1340632395309 | |
| (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) | type=start slip=2012-06-01 time=13406324237314.D.1(5) (twice)type=end slip=2012-06-01 time=1340632423731 |
| type=start slip=2012-06-01 time=13406324574502.B.1(5)(b), (c) and (f)(ii)type=end slip=2012-06-01 time=1340632457450 | 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”.
Signed
JOHN SWINNEY — A member of the Scottish Executive — 13th January 2010
We consent
FRANK ROY — TONY CUNNINGHAM — Two of the Lord’s Commissioners of Her Majesty’s Treasury — 27th January 2010
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations further amend the National Health Service Superannuation Scheme (Scotland) Regulations 1995 (“the 1995 Regulations”), the National Health Service Pension Scheme (Scotland) Regulations 2008 (“the 2008 Regulations”), the National Health Service (Scotland) (Injury Benefits) Regulations 1998 (“the Injury Benefits Regulations”), and the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 (“The AVC Regulations”).
Regulation 1 provides for citation, commencement and effect, including that certain provisions of this instrument are to take effect from various dates before the date of commencement. Section12(1) of the Superannuation Act 1972 (c.11) provides authority for the regulations specified in regulation 1(3) to (4) to take effect as from a date earlier than the making of these Regulations.
The remainder of the Regulations are divided into 6 Parts, with Parts 2 to 5 amending the 1995 Regulations, the 2008 Regulations, the Injury Benefits Regulations and the AVC Regulations respectively, and Part6 providing that certain persons detrimentally affected by these Regulations may elect for the provisions not to apply to them.
Parts 2 and 3 make similar amendments in respect of both the 1995 Regulations and the 2008 Regulations. They also introduce amendments specific to either the 1995 Regulations or the 2008 Regulations respectively.
The changes dealing with similar issues in Parts 2 and 3—
- introduce changes as to when a person may contribute or accrue further service in the scheme (regulations 9, 95 to 102);
- clarify the way in which pensionable earnings will be determined if a member has officer service before practitioner service that was the result of a transfer-in of benefits to the scheme (regulations 9(2)(e) and 100); and
- make changes in terminology to reflect the fact that there is one NHS Pension scheme consisting of two sections (the 1995 Section and the 2008 Section) regulations 3, 10 (and Schedule 1) 12, 13, 17, 54 and 103 (and Schedule 2).
The changes specific to Part 2 deal with minor technical amendments relating to pensions for surviving nominated partners (regulation 6) and for death in employment (regulation 7).
The changes specific to Part 3 are—
- the amendment of the provisions relating to— ill health pensions (regulations 31(2) and 72(2)) eligibility for membership of the 2008 Section (regulation 60) the treatment of transfer values under former schemes received by the scheme in respect of practitioner members (regulations 90 and 92) the introduction of the provisions relating to the “Choice Exercise” under which a 1995 Section member may opt to join the 2008 Section of the scheme (a 2008 Optant) and the terms on which he may do so and the effect on benefits of doing so (new chapters 2.K and 3.K inserted by regulations 52 and 94 respectively).
A number of amendments that are consequential upon the insertion of new Chapters 2.K and 3.K are also made (regulations 5, 8, 13-16, 22-51, 54-56, 58, 60-65 and 67-92).
The change made to the Injury Benefits Regulations by Part 4 updates the definition of “NHS employment” (regulation 104).
The changes made to the AVC Regulations by Part 5 are the insertion of a cross reference to the 2008 Regulations and to reflect the lump sum rule in section 166(1) of the Finance Act 2004 (regulation 105).
Part 6 provides that deferred members, or members in receipt of a relevant benefit, who are detrimentally affected by these Regulations may elect for the provisions not to apply to them by giving notice within six months of the coming into force of these Regulations (regulation 106).
Footnotes
[^f00001]: 1972 c.11. Sections 10 and 12 were amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7), sections 4(2), 8(5) and 10; section 10(6) was amended by the Pension Schemes Act 1993 (c.48), Schedule 8, paragraph 7 and by the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), article108. The functions of the Secretary of State, in or as regards Scotland, were transferred to the Scottish Ministers by virtue of article 2 of and Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I.1999/1750).
[^f00002]: See the Superannuation Act 1972, section 10(1). This function was transferred to the Treasury by virtue of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I 1981/1670), article 2 and is still exercisable by virtue of S.I. 1999/1750, article 2 and Schedule 1.
[^f00003]: Section 12(1) of the Superannuation Act 1972 provides that Regulations may be framed so as to have effect from a date earlier than that of their making.
[^f00004]: S.S.I. 2008/224 as amended by S.S.I. 2009/19 and 208.
[^f00005]: S.I. 1995/365 amended by S.I. 1997/1434 and 1916, 1998/1593, 1999/443, 2001/3649 and 2005/2011 and S.S.I.2001/437 and 465, 2003/55, 270 and 517, 2005/512 and 544, 2006/307 and 561, 2008/92 and 226 and 2009/19 and 208.
[^f00006]: S.S.I.2008/224 as amended by S.S.I.2009/19 and 208.
[^f00007]: 1988 c.1. Section590C was inserted by the Finance Act 1991 (c.31) and amended by the Finance Act 1993 (c.34); S.I.1993/2950; 1995/3034; 1996/2951; 1998/758 and 1999/592.
[^f00008]: 1971 c.56.
[^f00009]: 1971 c.56.
[^f00010]: S.I. 1998/1594 as amended by S.I.1999/195 and 444, S.S.I.2001/437, 2004/212, 2005/512, 2008/92 and 225, 2009/19 and 208.
[^f00011]: S.I.1998/1451; relevantly amended by S.S.I.2008/225, reg 2(13).
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