Legalize
Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The National Health Service (Superannuation Scheme and Pension Scheme) (Scotland) Amendment Regulations 2011

Type Scottish-Statutory-Instrument
Publication 2011-01-27
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API

Made: 27th January 2011

Laid before the Scottish Parliament: 1st February 2011

Coming into force: 1st April 2011

In accordance with section10(4) of that Act, the Scottish Ministers have consulted with such representatives of persons likely to be affected by these Regulations as appear to them to be appropriate.

Citation, commencement and effect

1

Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 1995

2

(5A) If the member exercised the option on or after 1stApril 2011, the calculation referred to in paragraph(3) is as follows—

Step 1 – Calculate the basic amount of the increase in accordance with regulationsQ14 to Q16, to find the Step1 amount.
Step 2 – Multiply the Step1 amount by the prices index for the second month before the month in which the increase in pension will become payable, to find the Step2 amount.
Step 3 – Divide the Step2 amount by the prices index for the month in which the option was exercised, to find the Step3 amount.
Step 4 – Take the greater of the Step1 amount and Step3 amount, to find the Step4 amount.
Step 5 – Add to the Step4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step4 amount when it first falls into payment, to find the Step5 amount.
Step 6 – Divide the Step5 amount by the Step4 amount, to find the Step6 factor.
Step 7 – Divide the Step4 amount by the Step6 factor to find the final amount referred to in paragraph(1).
  • “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

Amendment of the National Health Service Pension Scheme (Scotland) Regulations 2008

3

(5A) If the member exercised the option on or after 1stApril 2011, the calculation referred to in paragraph(3) is as follows—

Step 1 – Calculate the basic amount of the increase in accordance with regulations2.C.14 to 2.C.16, to find the Step1 amount.
Step 2 – Multiply the Step1 amount by the prices index for the second month before the month in which the increase in pension will become payable, to find the Step2 amount.
Step 3 – Divide the Step2 amount by the prices index for the month in which the option was exercised, to find the Step3 amount.
Step 4 – Take the greater of the Step1 amount and Step3 amount, to find the Step4 amount.
Step 5 – Add to the Step4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step4 amount when it first falls into payment, to find the Step5 amount.
Step 6 – Divide the Step5 amount by the Step4 amount, to find the Step6 factor.
Step 7 – Divide the Step4 amount by the Step6 factor to find the final amount referred to in paragraph(1).
  • “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

(5A) If the member exercised the option on or after 1stApril 2011, the calculation referred to in paragraph(3) is as follows—

Step 1 – Calculate the basic amount of the increase in accordance with regulations3.C.12 to 3.C.14, to find the Step1 amount.
Step 2 – Multiply the Step1 amount by the prices index for the second month before the month in which the increase in pension will become payable, to find the Step2 amount.
Step 3 – Divide the Step2 amount by the prices index for the month in which the option was exercised, to find the Step3 amount.
Step 4 – Take the greater of the Step1 amount and Step3 amount, to find the Step4 amount.
Step 5 – Add to the Step4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step4 amount when it first falls into payment, to find the Step5 amount.
Step 6 – Divide the Step5 amount by the Step4 amount, to find the Step6 factor.
Step 7 – Divide the Step4 amount by the Step6 factor to find the final amount referred to in paragraph(1).
  • “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

Signed

JOHN SWINNEY — A member of the Scottish Executive — 20th January 2011

We consent

ANGELA WATKINSON — JEREMY WRIGHT — Two of the Lord’s Commissioners of Her Majesty’s Treasury — 27th January 2011

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 (S.I. 1995/365) (“the 1995 Regulations”) and the National Health Service Pension Scheme (Scotland) Regulations 2008 (S.S.I. 2008/224) (“the 2008 Regulations”).

Regulation2 amends regulationQ17 (revaluation of increases bought under options: members’ pensions) of the 1995 Regulations to draw a distinction between increases in a member’s pension where the option to purchase such an increase has been exercised on or before 31stMarch 2011 and where the option was exercised on or after 1stApril 2011. In the case of the former, the calculation of the increase relies in part on the retail prices index. In the case of the latter, the calculation of that increase relies in part on the “prices index” which is defined in such a way as to link to the Pensions (Increases) Act 1971 and increases to official pensions under that Act.

Regulation3 amends regulations2.C.17 and 3.C.15 (which deal with the revaluation of increases bought under options: members’ pensions for officers and practitioners respectively) of the 2008 Regulations in the same way as regulation2 amends regulationQ17 of the 1995 Regulations.

Footnotes

[^f00001]: 1972 c.11. Section10 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7) sections4(2), 8(5) and (6), the Pension Schemes Act 1993 (c.48), Schedule8, paragraph7 and 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 Scottish Ministers by virtue of article2 of and Schedule1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministersetc.) Order 1999 (S.I.1999/1750).

[^f00002]: See the Superannuation Act 1972, section10(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), article2 and is still exercisable by virtue of S.I.1999/1750, article2 and Schedule1.

[^f00003]: S.I.1995/365 amended by S.I.1997/1434 and 1916, 1998/1593, 1999/443, 2001/3649, 2005/2011 and 2010/234 and S.S.I.2001/437 and 465, 2003/55, 270 and 517, 2005/445, 512 and 544, 2006/307 and 561, 2008/92 and 226, 2009/19 and 208 and 2010/22 and 369.

[^f00004]: S.S.I.2008/224 amended by S.S.I.2009/19 and 208 and 2010/22 and 369.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.