The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

$$T N S × P G S T G S$where—TNSis the total (net) service transferred to this Section of the scheme in regulation 2.K.3(4), after multiplying by the factor applicable to the case;PGSis any part (gross) period of service within the total transferred to this Section of the scheme in regulation 2.K.3(4), before multiplying by the factor applicable to the case; andTGSis the total (gross) service transferred to this Section of the scheme in regulation 2.K.3(4); and$

where paragraph (3)(b) applies—

$$T N E × P G E T G E$where—TNEis the total (net) pensionable earnings transferred to this Section of the scheme in regulation 3.K.3(4), after multiplying by the factor applicable to the case;PGE is any part (gross) amount of pensionable earnings within the total transferred to this Section of the scheme in regulation 3.K.3(4), before multiplying by the factor applicable to the case; andTGE is the total (gross) amount of pensionable earnings transferred to this Section of the scheme in regulation 3.K.3(4).$

3

• (1) This regulation applies to a person who—

• (a) on, or after, 1st October 2009—

• (i) is an active member of the 1995 Section; or

• (ii) is a member of that Section who is absent from work because of illness or injury and whose earnings have ceased in the circumstances described in regulation P2(3) (absence because of illness or injury) of the 2011 Regulations;

• (b) submitted a form AW8 (or such other form as the Scottish Ministers accept) together with supporting medical evidence (if not included on the form) for the purposes of an ill health pension payable in accordance with regulation E3 (early retirement pension on ill health grounds (post 1st April 2008)) of the 2011 Regulations;

• (c) that form and supporting medical evidence was received by the Scottish Ministers—

• (i) before the date on which a comparative statement of benefits under the 1995 Section and this Section of the scheme is sent to the person (whether by electronic communication or otherwise) in accordance with regulation 3.K.2 (option for a member of the 1995 Section to join this Section of the scheme); or

• (ii) such a statement has been issued to that person, before the date specified by the Scottish Ministers for the purposes of paragraph (3) of that regulation.

• (2) A person to whom paragraph (1) applies may opt to join this Section of the scheme in accordance with paragraph (3).

• (3) Subject to paragraph (4), the option under paragraph (2) may only be exercised if—

• (a) the person gives notice in writing to the scheme administrator in such form as the Scottish Ministers require; and

• (b) that notice is received by the scheme administrator within a period of four months starting with the day on which—

• (i) that person is sent a written notification of the Scottish Ministers' decision as to whether, in consideration of the form and medical evidence referred to in paragraph (1), that person has met the lower tier or the upper tier condition specified in regulation E3 (early retirement pension on ill health grounds (post 1st April 2008)) of the 2011 Regulations (“the first decision”);

• (ii) that person is sent a written notification of the Scottish Ministers' decision in respect of the stage 1 dispute (“stage 1 decision”);

• (iii) that person is sent a written notification of the Scottish Ministers' decision in respect of the stage 2 dispute (“stage 2 decision”); or

• (iv) that person is sent written notification of the final determination by the Pensions Ombudsman.

• (4) Paragraph (3) must cease to apply to any person if at any time that person—

• (a) returns to practitioner service; or

• (b) claims a pension under regulation E11 (early retirement pension (with actuarial reduction)) or E12 (preserved pension) of the 2011 Regulations.

• (5) In this regulation—

• “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; and

• “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.

3

• (1) This regulation applies if—

• (a) the Scottish Ministers have accepted any of the nominations or notices specified in paragraph (2) in respect of the benefits to be paid on the death of a person who is a member of the 1995 Section; and

• (b) on the day that the Scottish Ministers receive that person's option to join this Section of the scheme, that person has not revoked that nomination or notice.

• (2) The nominations and notices referred to in paragraph (1) are—

• (a) a nomination made in accordance with regulation F5 (payment of lump sum) of the 2011 Regulations in favour of one or more persons in respect of any lump sum that becomes payable under regulations F1 to F4 (lump sum on death) of the 2011 Regulations;

• (b) a notice provided for the purposes of regulation F5(3)(a) of the 2011 Regulations that the person's surviving partner (within the meaning of that regulation) is not to receive the payment of any lump sum that becomes payable under regulations F1 to F4 of the 2011 Regulations;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purpose of this Section of the scheme a nomination or notice referred to in paragraph (1) must be treated—

• (a) in the case of the nomination referred to in paragraph (2)(a) as if that nomination has been accepted by the Scottish Ministers as a notice for the purposes of regulation 3.E.22 (payment of lump sums or pensions on death);

• (b) in the case of a notice referred to in paragraph (2)(b) as if that notice had been accepted by the Scottish Ministers as a notice for the purposes of regulation 3.E.22 specifying that the Optant's personal representatives are to receive any lump or pension on the death of the Optant; and

• (c) in the case of a notice referred to in paragraph (2)(c) as if that notice had been accepted by the Scottish Ministers as a declaration for the purposes of regulations 3.E.2 (meaning of “surviving nominated partner”).

3

• (1) This regulation applies if a 2008 Section Optant becomes entitled to immediate payment of a pension under regulation 3.D.1 (normal retirement pensions) after reaching age 65.

• (2) Subject to paragraph (6), in the case of an Optant to whom paragraph (1) applies so much of the amount of the pension as is attributable to—

• (a) the pensionable service that Optant is entitled to count under—

• (i) regulation 3.K.3 (service and pensionable earnings credited from the 1995 Section);

• (ii) regulation 3.K.5 (treatment of additional service and pensionable earnings) (if any); and

• (iii) this Section of the scheme on or after 1st April 2008 but before reaching age 65; and

• (b) any contributions paid under regulation 3.C.6 (periodical contributions), 3.C.8 (lump sum contribution) or 3.C.9 (lump sum contributions by employing authority) before reaching that age,

is to be increased in accordance with paragraph (4).

• (3) In paragraph (2) the reference to the amount of the pension is to the amount of pension—

• (a) before that pension had been reduced in accordance with regulation 3.K.10; and

• (b) before any commutation under regulation 3.D.10 (option to exchange part of pension).

• (4) The amount of the increase referred to in paragraph (2) must be calculated in accordance with guidance and tables provided by the scheme actuary to the Scottish Ministers for the purposes of this regulation.

• (5) In preparing that guidance and those tables the scheme actuary must use such factors as the scheme actuary considers appropriate, having regard, in particular, to—

• (a) the period after reaching age 65 before the Optant becomes entitled to immediate payment of the pension; and

• (b) the life expectancy of the Optant.

• (6) The increase must apply to the Optant's pension in place of the actuarial increase that, apart from this regulation, would otherwise apply to the Optant's pension under regulation 3.D.3 (late payment of pension with actuarial increase).

3

• (1) This regulation applies to a 2008 Section Optant who—

• (a) is entitled to a lower tier ill health pension under regulation E3 (early retirement on ill health grounds (post 1st April 2008)) of the 2011 Regulations in respect of service in the 1995 Section (“the earlier 1995 Section service”); and

• (b) becomes entitled to a lower tier ill health pension or, as the case may be, an upper tier ill health pension under regulation 3.D.7 (early retirement on ill health: active members and non-contributing members) in respect of service in this Section of the scheme (“the later 2008 Section service”).

• (2) For the purposes of determining whether an Optant can count 45 years of pensionable service for any purpose, the earlier 1995 Section service and the later 2008 Section service are aggregated.

• (3) If, on the termination of the later 2008 Section service the Optant becomes entitled, under regulation 3.D.7, to—

• (a) a lower tier ill health pension; or

• (b) an upper tier ill health pension,

in respect of the later 2008 Section service, the Optant is entitled to the benefits set out in paragraph (4).

• (4) Subject to paragraph (5) and regulations 3.K.12 to 3.K.15 and 3.K.16, the benefits mentioned in paragraph (3) are—

• (a) the member's lower tier ill health pension under regulation E3 of the 2011 Regulations in respect of the member's earlier 1995 Section service; and

• (b) a lower tier ill health pension or, as the case may be, an upper tier ill health pension in respect of the member's later 2008 Section service.

• (5) If the Optant—

• (a) ceases to be entitled to a lower tier ill health pension in respect of the earlier 1995 Section service;

• (b) becomes entitled to an upper tier ill health pension in respect of that earlier 1995 Section service in accordance with regulation E4 (re-assessment of ill health condition determined under regulation E3) of the 2011 Regulations; and

• (c) becomes entitled to a lower tier ill health pension or, as the case may be, an upper tier ill health pension in respect of later 2008 Section service on the termination of that later service,

the Optant is entitled to the benefits set out in paragraph (6).

• (6) Those benefits are—

• (a) an upper tier ill health pension paid in accordance with regulation E4 (re-assessment of ill health condition determined under regulation E3) of the 2011 Regulations in respect of the earlier 1995 Section service; and

• (b) a lower tier ill health pension in respect of the later 2008 Section service.

3

• (1) This regulation applies to a 2008 Section Optant who, on the date of that Optant's death—

• (a) is entitled to a lower tier ill health pension under regulation E3 (early retirement on ill health grounds (post 1st April 2008)) of the 2011 Regulations in respect of service in the 1995 Section; and

• (b) is an active or a non-contributing member in respect of service in this Section of the scheme (“the later 2008 Section service”).

• (2) The lump sum payable on the death of an Optant referred to in paragraph (1) must be—

• (a) calculated in accordance with whichever of paragraph (3), (4) or (5) applies to that Optant; and

• (b) paid in place of the lump sum that, apart from this regulation, would otherwise be payable in respect of that Optant's later 2008 Section service under regulation 3.E.17 (amount of lump sum: single capacity members and recent leavers).

• (3) If the deceased Optant was, at the date of the Optant's death, an active member who had not exercised the option under regulation 3.D.5 (partial retirement: members aged at least 55), the lump sum referred to in paragraph (2)(a) is an amount equal to 5 times the annual rate of pension—

• (a) payable under regulation 3.D.7(5) (upper tier ill health pension), if the deceased Optant had not reached age 65; or

• (b) payable under regulation 3.D.1 (normal retirement pensions), if the deceased Optant had reached age 65,

to which the deceased Optant would have been entitled at the date of the Optant's death.

• (4) If the deceased Optant was a non-contributing member who had not exercised the option under regulation 3.D.5, the lump sum referred to in paragraph (2)(a) is an amount equal to 5 times the annual rate of pension—

• (a) payable under regulation 3.D.7(5) (upper tier ill health pension), if the deceased Optant had not reached age 65; or

• (b) payable under regulation 3.D.1 (normal retirement pensions), if the deceased Optant had reached age 65,

to which the Optant would have been entitled on the last day of the Optant's pensionable service.

• (5) If the Optant was an active member or a non-contributing member who had exercised the option under regulation 3.D.5, the lump sum referred to in paragraph (2)(a) must be determined by the Scottish Ministers after taking advice from the scheme actuary.

3

• (1) This regulation applies to a 2008 Section Optant (“a deceased Optant”) who, in respect of service in this Section of the scheme (“the later active 2008 Section service”), was—

• (a) at the date of the Optant's death—

• (i) an active member;

• (ii) a non-contributing member;

• (iii) a pensioner member; or

• (iv) a deferred member; and

• (b) on that date was entitled to a lower tier ill health pension under regulation E3 (early retirement on ill health grounds (post 1st April 2008)) of the 2011 Regulations in respect of service in the 1995 Section (“the earlier 1995 Section service”).

• (2) In the case of a deceased Optant referred to in paragraph (1)(a)(i) and (ii), “the basic death pension” for the purposes of regulation 3.E.10(3) (amount of surviving child's pension: active members and non-contributing members) means 75% of the deceased member's pension under regulation 3.D.1 (normal retirement pensions) and—

• (a) in the case of a deceased Optant who was, at the date of the Optant's death, an active member that pension includes the greater of—

• (i) any increase due to such enhancement period that would have applied for the purposes of regulation 3.D.7(5) (upper tier ill health pension) if the deceased Optant had become entitled to an upper tier ill health pension at that date; and

• (ii) the deceased Optant's later 2008 Section service as an active member plus the difference between—

• (aa) the aggregate of the deceased Optant's earlier 1995 Section service and the later 2008 Section service as an active member; and

• (bb) 10 years pensionable service,

where the amount of service in sub-head (aa) is less than that specified in sub-head (bb); and

• (b) in the case of a deceased Optant referred to in paragraph (1)(a)(ii) the pensionable service that the deceased Optant was entitled to count under this Section of the scheme on the date of Optant's death.

• (3) In the case of a deceased Optant referred to in paragraph (1)(a)(iii), “the basic death pension” for the purposes of regulation 3.E.11(3) (amount of surviving child's pension: pensioner members) means the greater of—

• (a) 75% of the deceased Optant's annual pension (disregarding any additional pension); and

• (b) 75% of the annual pension to which the deceased Optant would have been entitled in respect of the aggregate of the deceased Optant's later 2008 Section service plus the difference between—

• (i) the aggregate of the Optant's earlier 1995 Section service and the later 2008 Section service; and

• (ii) 10 years pensionable service,

where the amount of service in head (i) is less than that specified in head (ii).

• (4) In the case of a deceased Optant referred to in paragraph (1)(a)(iv), “the basic death pension” for the purposes of regulation 3.E.12(3) (amount of surviving child's pension: deferred members) means—

• (a) if the deceased died within 12 months after ceasing to be an active member or a non-contributing member, the amount that would be the basic death pension for the purposes of regulation 3.E.10 (active member and non-contributing members) if the deceased Optant had died on the day of so ceasing (disregarding any additional pension); and

• (b) if the deceased died more than 12 months after ceasing to be an active member or a non-contributing member, the greater of—

• (i) 75% of the pension to which the deceased would have been entitled if the deceased had become entitled to a pension under regulation 3.D.1 (normal retirement pensions) on the date of death (disregarding any additional pension); and

• (ii) 75% of the annual pension to which the deceased would have been entitled in respect of the aggregate of the deceased Optant's later 2008 Section service that has been deferred plus the difference between—

• (aa) the aggregate of the Optant's earlier 1995 Section service and the later 2008 Section service that has been deferred; and

• (bb) 10 years pensionable service,

where the amount of service in sub-head (aa) is less than that specified in sub-head (bb).

3

• (1) This Chapter makes provision in relation to pensioner members of the 1995 Section of the scheme who are eligible to be members of this Section of the scheme in accordance with regulation 3.B.2(1)(b)(ii) (eligibility: transitional).

• (2) A member of this Section of the scheme to whom this Chapter applies is referred to as a “Waiting Period Joiner”.

3

• (1) This regulation applies if—

• (a) on the day a Waiting Period Joiner becomes an active member of this Section of the scheme—

• (i) the Scottish Ministers have accepted any of the nominations or notices specified in paragraph (2) in respect of the benefits to be paid on the death of that Waiting Period Joiner; and

• (ii) that Waiting Period Joiner has not revoked that nomination or notice; or

• (b) at any time after a Waiting Period Joiner becomes an active member of this Section of the scheme, that Waiting Period Joiner gives a notice, nomination or declaration for the purposes of a regulation listed in the table at paragraph (4).

• (2) The nominations and notices referred to in paragraph (1)(a) are—

• (a) a nomination made in accordance with regulation F5 (payment of lump sum) of the 2011 Regulations (payment of lump sum) in favour of one or more persons in respect of any lump sum that becomes payable under regulations F1 to F4 (lump sum on death) of the 2011 Regulations;

• (b) a notice provided for the purposes of regulation F5(3)(a) of the 2011 Regulations that the person's surviving partner (within the meaning of that regulation) is not to receive the payment of any lump sum that becomes payable under regulations F1 to F4 of the 2011 Regulations;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purpose of this Section of the scheme a nomination or notice referred to in paragraph (1)(a) must be treated—

• (a) in the case of the nomination referred to in paragraph (2)(a), as if that nomination has been accepted by the Scottish Ministers as a notice for the purposes of regulation 3.E.22 (payment of lump sums or pensions on death);

• (b) in the case of a notice referred to in paragraph (2)(b), as if that notice had been accepted by the Scottish Ministers as a notice for the purposes of regulation 3.E.22 specifying that the Waiting Period Joiner's personal representatives are to receive any lump sum or pension on the death of that Joiner; and

• (c) in the case of a notice referred to in paragraph (2)(c), as if that notice had been accepted by the Scottish Ministers as a declaration for the purposes of regulation 3.E.2 (meaning of “surviving nominated partner”).

• (4) A notice, nomination or declaration referred to in paragraph (1)(b) that is given by a Waiting Period Joiner for the purposes of a regulation listed in column 1 of the following table must be treated as a notice, nomination or declaration given for the purposes of the corresponding regulation in column 2.

Column 1	Column 2
The 2011 Regulations	These Regulations
F5 (payment of lump sum)	3.E.22 (payment of lump sum or pensions on death)
G14 (surviving nominated partner's pension)	3.E.2 (meaning of “surviving nominated partner”)

3

• (1) This regulation applies to a Waiting Period Joiner who—

• (a) is entitled to a lower tier ill health pension under regulation E3 (early retirement on ill health grounds (post 1st April 2008)) of the 2011 Regulations in respect of service in the 1995 Section (“the earlier 1995 Section service”); and

• (b) becomes entitled to a lower tier ill health pension or, as the case may be, an upper tier ill health pension under regulation 3.D.7 (active members and non-contributing members) in respect of service in this Section of the scheme (“the later 2008 Section service”).

• (2) For the purposes of determining whether a Waiting Period Joiner can count 45 years of pensionable service for any purpose, the earlier 1995 Section service and the later 2008 Section service are aggregated.

• (3) A Waiting Period Joiner is entitled to the benefits set out in paragraph (4) if, on the termination of the later 2008 Section service, that Joiner becomes entitled to a lower tier ill health pension or an upper tier ill health pension under regulation 3.D.7 in respect of the later 2008 Section service.

• (4) Subject to paragraph (5), those benefits are—

• (a) a lower tier ill health pension under regulation E3 of the 2011 Regulations in respect of the member's earlier 1995 Section service; and

• (b) a lower tier ill health pension or, as the case may be, an upper tier ill health pension in respect of the member's later 2008 Section service.

• (5) A Waiting Period Joiner is entitled to the benefits set out in paragraph (6) where that Joiner—

• (a) ceases to be entitled to a lower tier ill health pension in respect of the earlier 1995 Section service;

• (b) becomes entitled to an upper tier ill health pension in respect of that earlier 1995 Section service in accordance with regulation E4 (re-assessment of ill health condition) of the 2011 Regulations; and

• (c) becomes entitled to a lower tier ill health pension or, as the case may be, an upper tier ill health pension in respect of the later 2008 Section service on the termination of that later service.

• (6) Those benefits are—

• (a) an upper tier ill health pension paid in accordance with regulation E4 of the 2011 Regulations in respect of the earlier 1995 Section service; and

• (b) a lower tier ill health pension in respect of the later 2008 Section service.

3

• (1) This regulation applies to a Waiting Period Joiner who, on the date of that Joiner's death, is an active or a non-contributing member in respect of service in this Section of the scheme (“the later 2008 Section service”).

• (2) The lump sum payable on the death of a Waiting Period Joiner referred to in paragraph (1) must be calculated in accordance with whichever of paragraphs (3) to (6) applies to the Joiner, and must be paid in place of the lump sum that, apart from this regulation, would otherwise be payable in respect of the Joiner's later 2008 Section service under regulation 3.E.17 (amount of lump sum: single capacity members and recent leavers).

• (3) Where, at the date of the Waiting Period Joiner's death, the Joiner was an active member who had not reached age 65 and who had not exercised the option under regulation 3.D.5 (partial retirement: members aged at least 55), the lump sum referred to in paragraph (2) is an amount equal to the annual rate of pension payable under regulation 3.D.7(5) (early retirement on ill health) to which the deceased Joiner would have been entitled at that date, multiplied by 5.

• (4) Where, at the date of the Waiting Period Joiner's death, the Joiner was an active member who had reached age 65 and who had not exercised the option under regulation 3.D.5, the lump sum referred to in paragraph (2) is an amount equal to the annual rate of pension payable under regulation 3.D.1 (normal retirement pensions) to which the deceased Joiner would have been entitled at that date, multiplied by 5.

• (5) Where, at the date of the Waiting Period Joiner's death, the Joiner was a non-contributing member who had not exercised the option under regulation 3.D.5, the lump sum referred to in paragraph (2) is an amount equal to the annual rate of pension to which the Joiner would have been entitled under regulation 3.D.1 on the last day of the Joiner's pensionable service, multiplied by 5.

• (6) Where, at the date of the Waiting Period Joiner's death, the Joiner was an active member or a non-contributing member who had exercised the option under regulation 3.D.5, the lump sum referred to in paragraph (2) must be determined by the Scottish Ministers after taking advice from the scheme actuary.

3

• (1) This regulation applies in respect of a Waiting Period Joiner's service in this Section of the scheme where, at the date of the Joiner's death, the Joiner was an active non-contributing pensioner or a deferred member who was entitled to a pension under the 2011 Regulations in respect of service in the 1995 Section (“the earlier 1995 Section service”).

• (2) In the case of a deceased Waiting Period Joiner who at the date of the Joiner's death was an active or non-contributing member, “the basic death pension” for the purposes of regulation 3.E.10(3) (amount of surviving child's pension) has the meaning given in paragraph (3).

• (3) The “basic death pension” means 75% of the deceased member's pension under regulation 3.D.1 (normal retirement pensions) and—

• (a) in the case of a deceased Waiting Period Joiner who was at the date of the Joiner's death an active member that pension includes the greater of—

• (i) any increase due to such enhancement period that would have applied for the purposes of regulation 3.D.7(5) (upper tier ill health pension) if that Joiner had become entitled to an upper tier ill health pension at that date; and

• (ii) that Joiner's later 2008 Section service as an active member plus the difference between—

• (aa) the aggregate of that Joiner's earlier 1995 Section service and the later 2008 Section service as an active member; and

• (bb) 10 years pensionable service,

where the amount of service in sub-head (aa) is less than that specified in sub-head (bb); and

• (b) in the case of a deceased Waiting Period Joiner who at the date of that Joiner's death was a non-contributing member, the pensionable service that Joiner was entitled to count under this Section of the scheme on the date of that Joiner's death.

• (4) In the case of a deceased Waiting Period Joiner who at the date of the Joiner's death was a pensioner member, “the basic death pension” for the purposes of regulation 3.E.11(3) (amount of surviving child's pension: pensioner members) has the meaning given in paragraph (5).

• (5) The “basic death pension” means the greater of—

• (a) 75% of the deceased Waiting Period Joiner's annual pension (disregarding any additional pension); and

• (b) 75% of the annual pension (disregarding any additional pension) to which that Joiner would have been entitled in respect of the aggregate of that Joiner's later 2008 Section service plus the difference between—

• (i) the aggregate of that Joiner's earlier 1995 Section service and the later 2008 Section service; and

• (ii) 10 years pensionable service,

where the amount of service in head (i) is less than that specified in head (ii).

• (6) In the case of a deceased Waiting Period Joiner who at the date of the Joiner's death was a deferred member, “the basic death pension” for the purposes of regulation 3.E.12(3) (amount of surviving child's pension: pensioner members) has the meaning given in paragraph (7).

• (7) The “basic death pension” means—

• (a) if the deceased Waiting Period Joiner died within 12 months after ceasing to be an active member or a non-contributing member, the amount that would be the basic death pension for the purposes of regulation 3.E.10 had the Joiner died on the day that the Joiner ceased to be such a member (disregarding any additional pension); and

• (b) if the deceased Waiting Period Joiner died more than 12 months after ceasing to be an active member or a non-contributing member, the greater of—

• (i) 75% of the pension to which that Joiner would have been entitled if that Joiner had become entitled to a pension under regulation 3.D.1 (normal retirement pensions) on the date of death (disregarding any additional pension); and

• (ii) 75% of the annual pension to which that Joiner would have been entitled in respect of the aggregate of that Joiner's later 2008 Section service that has been deferred plus the difference between—

• (aa) the aggregate of that Joiner's earlier 1995 Section service and the later 2008 Section service that has been deferred; and

• (bb) 10 years pensionable service,

where the amount of service in sub-head (aa) is less than that specified in sub-head (bb).

4

• (1) This Part applies where a member has pensionable service under both Part 2 and Part 3.

• (2) Where this Part applies, Part 2 and Part 3 are subject to the modifications provided in this Part.

• (3) As regards a person to whom the general rule in regulation 2.G.2 (general rule: separate treatment of service etc.) or regulation 3.G.2 (general rule: separate treatment of service etc.) applies, this Part applies separately to benefits in respect of the earlier service and the later service (as defined in regulation 2.G.1 (application of Chapter 2.G) or regulation 3.G.1 (application of Chapter 3.G), as appropriate).

4

In this Part—

• “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;

• “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;

• “increment period” has the meaning given in regulation 4.B.12(2);

• “officer” has the same meaning as in Part 2;

• “practitioner” has the same meaning as in Part 3; and

• “uprated earnings” has the same meaning as in Part 3.

4

• (1) This Chapter identifies the calculation method under which the benefits payable in respect of discrete periods of pensionable service as an officer are to be compared against the benefits that would have been payable had that service been service as a practitioner.

• (2) The discrete periods of pensionable service as an officer that are subject to comparison are any periods of—

• (a) up to 10 years of pensionable service as an officer before first becoming a practitioner;

• (b) more than 10 years of pensionable service as an officer before first becoming a practitioner;

• (c) up to one year of employment as an officer after last ceasing to be a practitioner;

• (d) more than one year of employment as an officer after ceasing to be a practitioner;

• (e) less than one year of pensionable service as an officer concurrently with pensionable service as a practitioner; and

• (f) more than one year of pensionable service as an officer concurrently with pensionable service as a practitioner.

4

• (1) Where a member has not more than 10 years of pensionable service before first becoming a practitioner, the reference amount is the best of—

• (a) the amount determined by calculation method A;

• (b) the amount determined by calculation method B; and

• (c) where—

• (i) the benefit is payable on retirement or death of the member; and

• (ii) the condition is met,

the base amount.

• (2) The condition mentioned in paragraph (1)(c)(ii) is that—

• (a) the amount of pension payable under Part 2 would be greater than the amount of pension payable under Part 3, where—

• (i) any enhancement for the purposes of regulation 2.D.8 (early retirement on ill health: active members and non-contributing members) or 3.D.7 (early retirement on ill health: active members and non-contributing members); as appropriate, is ignored;

• (ii) any additional pension is disregarded; and

• (iii) any increase under the Pensions (Increase) Act 1971 is applied; and

• (b) the amount determined by calculation method B is less than the base amount.

4

Where a member has more than 10 years of pensionable service before first becoming a practitioner, the reference amount is the better of—

• (a) the amount determined by calculation method A; and

• (b) the base amount.

4

Where a member has been employed as an officer for less than one year after last ceasing to be a practitioner, the reference amount is the amount determined by calculation method A.

4

Where a member has been employed as an officer for one year or more after ceasing to be a practitioner, the reference amount is the better of—

• (a) the amount determined by calculation method C; and

• (b) the base amount.

4

Where a member has less than one year of pensionable service as an officer concurrently with pensionable service as a practitioner, the reference amount is the amount determined by calculation method A.

4

Where a member has one year or more of pensionable service as an officer concurrently with pensionable service as a practitioner, the reference amount is the better of—

• (a) the amount determined by calculation method A; and

• (b) the base amount.

4

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 is the higher of—

• (i) the amount determined by calculation method D; and

• (ii) the base amount.

4

• (1) Calculation method A is the aggregate of—

• (a) the amount that would be payable under Part 3 if—

• (i) the member's discrete period of pensionable service as an officer were treated as pensionable service as a practitioner; and

• (ii) the amount of pensionable pay received in respect of that officer service were treated as pensionable earnings as a practitioner for the respective period;

• (b) the amount payable under Part 2 (if any) if the member's pensionable service as an officer were reduced by the discrete period of pensionable service as an officer in sub-paragraph (a); and

• (c) the amount payable under Part 3 but for the operation of this Part.

• (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 (acceptance of transfer value payments); and

• (b) the transfer-in is other than a transfer-in referred to in regulation 3.F.11(6) (calculation of increase to pensionable earnings as a result of a transfer-in),

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 must be calculated in accordance with regulation 3.F.11(2).

4

Calculation method B is the aggregate of—

• (a) the amount payable under Part 3 if the member's uprated earnings is increased by the formula—

$$U E × L P S o + L P S p L P S p$where—UE is the amount of the member's uprated earnings;LPSo is the length of the member's discrete period of pensionable service as an officer, expressed in days; andLPSp is the length of the member's pensionable service as a practitioner, expressed in days; and$

• (b) the amount payable under Part 2 (if any) if the member's pensionable service as an officer were reduced by the discrete period of pensionable service as an officer in paragraph (a).

4

Calculation method C is the aggregate of—

• (a) the amount that would be payable under Part 3 if the member's pensionable earnings as a practitioner were uprated to the date of—

• (i) cessation of the employment as an officer; or

• (ii) retirement,

whichever is the earlier; and

• (b) the amount payable under Part 2.

4

• (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.8) 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.10,

if those amounts were each subject to a 1.5% increase for each whole year or part of a year within the 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.8), were it not for the additional amounts calculated under paragraph (2).

• (4) The amounts payable under this paragraph are the amounts payable under Chapter 3.D.

• (5) For the purposes of paragraph (2)—

• (a) the increase referred to in that paragraph must—

• (i) be applied in like manner and at the same intervals as an increase applied to a pension under the Pensions (Increase) Act 1971 ; and

• (ii) be effective immediately before the pension and lump sum become payable with the member's benefits from practitioner service under Chapter 3.D; and

• (b) the increment period referred to in paragraph (2) must—

• (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.

4

• (1) Where the reference amount calculated in any of regulations 4.B.2 (cases with up to 10 years of officer service) to 4.B.8 (cases with non-concurrent officer service between periods of practitioner service) is greater than the base amount, a top-up amount is payable.

• (2) The top-up amount is equal to the aggregate of the amounts by which the reference amount is greater than the base amount in each of regulations 4.B.2 to 4.B.8 (where applicable).

• (3) The top-up amount provided for under this regulation is to be treated as forming part of the member's pension for the purposes of increases payable under the Pensions (Increase) Act 1971 , and is increased in the same manner to pensions payable under Parts 2 and 3.

4

• (1) This regulation applies in relation to any benefit payable under Chapter 2.E (death benefit) and Chapter 3.E (death benefits) where the deceased member is (or would have been) entitled to a top up amount under regulation 4.C.1.

• (2) In calculating the amount of the benefit payable under Chapter 2.E, where that benefit is expressed to be a percentage or fraction of a pension that was in payment at the date of death of a member, or a percentage or fraction of a pension to which a deceased member would have become entitled in a particular circumstance, that pension must be treated as being the pension payable to the member had no benefit been payable in respect of any discrete period of pensionable service as an officer that gives rise to a top-up payment under regulation 4.C.1.

• (3) In calculating the amount of the benefit payable under Chapter 3.E, where that benefit is expressed to be a percentage or fraction of a pension that was in payment at the date of death of a member, or a percentage or fraction of a pension to which a deceased member would have become entitled in a particular circumstance, that pension is to be treated as being the sum of—

• (a) the pension payable under Part 3; and

• (b) the top-up amount payable under regulation 4.C.1, inclusive of any increase payable under the Pensions (Increase) Act 1971 pursuant to paragraph (3) of that regulation.

4

• (1) Subject to paragraph (3), in determining whether or not a member has reached 45 years of pensionable service for the purposes of regulation 2.A.3 (meaning of “pensionable service”), the amount of pensionable service accrued under Part 3 is included in the aggregate calculated under paragraph (1) of that regulation.

• (2) Subject to paragraph (3), in determining whether or not a member has reached 45 years of pensionable service for the purposes of regulation 3.A.3 (meaning of “pensionable service”), the amount of pensionable service accrued under Part 2 is included in the aggregate calculated under paragraph (1) of that regulation.

• (3) Where a person is concurrently in officer service and practitioner service in any year, that year counts as a single year for the purpose of calculating 45 years pensionable service.

• (4) Where the aggregate of pensionable service under Part 2 and Part 3 is in excess of 45 years—

• (a) benefits under each of Part 2 and Part 3 are calculated by reference to such number of years as the Scottish Ministers determine;

• (b) the aggregate of pensionable service under Part 2 and Part 3 determined in sub-paragraph (a) is 45 years; and

• (c) the Scottish Ministers must select the years by reference to which the benefits under each Part are to be calculated, selecting the years which produce the most favourable result to the member.

• (5) Where a member is also a member of the part of the National Health Service superannuation scheme for Scotland, the rules of which are set out in the National Health Service Superannuation Scheme (Scotland) Regulations 2011 , (“the 1995 Section”) any reference in this Part to “45 years” must be taken to be a reference to a shorter period determined by the formula—

$$S P = y e a r s - L P S$where—SP is the shorter period, measured in years and days; andLPS is the length of pensionable service (within the meaning of the National Health Service Superannuation Scheme (Scotland) Regulations 2011), measured in years and days, giving rise to membership of the 1995 Section and, in the case of a member of that Section of the scheme who has become entitled to a pension (including a preserved pension) under that Section of the scheme, including any period that was taken into account for the purpose of determining whether the member was entitled to that pension, or for the purpose of calculating the amount of that pension.$

4

An application or claim made or a notice given for the purposes of a regulation listed in column 1 of the following table must be treated as an application or claim made or notice given for the purposes of the corresponding regulation in column 2 (and vice versa).

4

• (1) The pension payable under Part 3 is reduced in accordance with Chapter 3.H (abatement) but with the following modifications—

• (a) relevant income includes the enhancement amount determined under regulation 2.H.4(2) (meaning of “relevant income”); and

• (b) the member's previous earnings in respect of the member's practitioner service are increased by the amount of the member's previous pay in respect of the member's officer service.

• (2) Where the reduction applied under the modified Part 3 is not the full amount of the excess determined under that modified Part, such part of the excess as has not given rise to a reduction in the old service pension in Part 3 is the excess for the purposes of regulation 2.H.3(3) (reduction of pension).

5

• (1) This regulation applies in relation to any pension which is payable under these Regulations to or in respect of a person who, having served in an employment or office, service in which qualified persons to participate in the benefits provided under the National Health Service Pension Scheme (Scotland) Regulations 2008 , has ceased to serve therein or died before these Regulations come 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 it the provision had not applied, that person may elect that the provision must not so 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.

• (4) An election pursuant to paragraph (2) must have effect in relation to the pension referred to in paragraph (1) only to the extent that such pension has accrued by virtue of contributions made and 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 coming into force of these Regulations) and in determining entitlement to, and the amount of, the pension to that extent such person is to be treated as if that person had never recommenced pensionable employment at any time after that cessation (or, as the case may be, the last such cessation).

5

• (1) The Regulations specified in column 1 of the table in the Schedule are revoked to the extent specified in column 3 of that table.

• (2) Anything done under or by virtue of any regulation revoked by these Regulations if it could have been done under or for the purposes of these Regulations, will be deemed to have been done under or by virtue of the corresponding provision of these Regulations and anything begun under or by virtue of any such regulation may be continued under these Regulations as if begun under these Regulations.

Editorial notes

[^c21813701]: 1972 c.11. Section 10 was amended by Schedule 5 to the National Health Service Reorganisation Act 1973 (c.32), Schedule 7 to the National Health Service (Scotland) Act 1972 (c.58), sections 4(2) and 8(5) and (6) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7), paragraph 7 of Schedule 8 to the Pension Schemes Act 1993 (c.48) and by S.I. 2001/3649. The function of the Minister to consent in section 10(1) was transferred to the Treasury by S.I. 1981/1670. Section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c.7). The functions conferred on the Secretary of State by sections 10 and 12, so far as exercisable in or as regards Scotland and subject to the requirement in section 10(1) for consent of the Treasury, were transferred to Scottish Ministers by article 2 of S.I. 1999/1750. By virtue of article 6 of S.I. 1999/1750 and paragraph 2 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), regulations made by the Scottish Ministers under sections 10 and 12 are subject to the negative procedure.

[^c21813721]: The expression “lifetime allowance charge” has the meaning given in section 214(1) of the Finance Act 2004 (c.12).

[^c21813731]: The functions of the Commissioner for Inland Revenue were transferred to the Commissioner for Her Majesty's Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005 (c.11).

[^c21813741]: S.I. 2006/131, amended by S.I. 2006/3261, 2009/56 and 2010/651.

[^c21813751]: 2011 c.11.

[^c21813761]: S.I. 2011/1752.

[^c21813771]: S.I. 2006/567. Regulation 15A was inserted by S.I. 2011/1797.

[^c21813781]: 1978 c.29.

[^c21813791]: 1993 c.48.

[^c21813801]: 1995 c.26.

[^c21813811]: 1997 c.46.

[^c21813821]: 1999 c.30.

[^c21813831]: 2004 c.12.

[^c21813851]: 2006 c.41.

[^c21813861]: 2008 c.30.

[^c21813871]: S.S.I. 2008/224, amended by S.S.I. 2009/19 and 208, 2010/22 and 369, 2011/53 and 364, 2012/69 and 163 and S.I. 2010/234.

[^c21813881]: S.I. 2010/772.

[^c21813891]: S.S.I. 2011/117, amended by S.S.I. 2011/173 and 364 and 2012/69 and 163.

[^c21813901]: Regulation 14 was substituted by regulations 17 and 22 of S.I. 2012/215.

[^c21813911]: 1998 c.11.

[^c21813921]: Section 19 was amended by S.I. 2001/3649, 2005/2050 and 2007/3014.

[^c21813931]: Section 15 was relevantly amended by paragraph 1(2) of schedule 1 to the Primary Medical Services (Scotland) Act 2004 (asp 1) and by paragraph 17 of schedule 17 of the Public Services Reform (Scotland) Act 2010 (asp 8).

[^c21813941]: Section 9 was relevantly amended by section 136(3) of the Pensions Act 1995 (c.26), section 14(4) of, and Part 6 of Schedule 7 to, the Pensions Act 2007 (c.22) and paragraph 35(2) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2).

[^c21813951]: 1972 c.11. Section 10 was amended by Schedule 5 to the National Health Service Reorganisation Act 1973 (c.32), Schedule 7 to the National Health Service (Scotland) Act 1972 (c.58), sections 4(2) and 8(5) and (6) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7), paragraph 7 of Schedule 8 to the Pension Schemes Act 1993 (c.48) and by S.I. 2001/3649.

[^c21813961]: S.I. 1972/1073 (N.I. 10).

[^c21813971]: 1984 c.8 (Tynwald).

[^c21813981]: The Common Services Agency for the Scottish Health Service is also known as the NHS National Services Scotland. Section 10 was amended by paragraph 2 of Schedule 6 to the Health Services Act 1980 (c.53), section 66(2) to, and Schedule 10 to, the National Health Services and Community Care Act 1990 (c.19), paragraph 44 of Schedule 4 to the Health Act 1999 (c.8), paragraph 2(4) of schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) and section 17(1) of the Patient Rights (Scotland) Act 2011 (asp 5).

[^c21813991]: Section 10A was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8).

[^c21814001]: 2003 asp 13. Section 4 was amended by section 111(2) of the Public Services Reform (Scotland) Act 2010 (asp 8).

[^c21814011]: 1967 c.28. Section 7 was amended by S.I. 1968/1699, section 10(5) of, and paragraph 66 of Schedule 6 and Schedule 8 to, the Superannuation Act 1972 (c.11), Schedule 5 to the National Health Service Reorganisation Act 1973 (c.32), paragraph 24 of Schedule 16 to the National Health Service (Scotland) Act 1978 (c.29) and paragraph 29 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c.43).

[^c21814021]: Section 17J was inserted by section 4 of the Primary Medical Services (Scotland) Act 2004 (asp 1).

[^c21814031]: S.S.I. 2004/636. There are amendments to the Order which are not relevant for the purposes of these Regulations.

[^c21814041]: “Registered medical practitioner” is defined in Schedule 1 to the Interpretation Act 1978 (c.30), as amended by S.I. 2002/3135.

[^c21814051]: Section 2C was inserted by section 1(2) of the Primary Medical Services (Scotland) Act 2004 (asp 1) and amended by the paragraph 1(3) of Schedule 1 to the National Health Service Reform (Scotland) Act 2004, section 37 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) and S.I. 2010/283.

[^c21814061]: Section 218 was amended by paragraph 2(2) and (3) of Schedule 18 to the Finance Act 2011 (c.11).

[^c21814071]: 1994 c.39. Section 2 was amended by paragraph 232(1) of Schedule 22 to the Environment Act 1995 (c.25).

[^c21814081]: 1992 c.4. Section 5 was substituted by paragraph 1 of Schedule 9 to the Welfare Reform and Pensions Act 1999 (c.30) and amended by Part 4 of Schedule 7 to the Pensions Act 2007 (c.22) and Schedule 2 of the National Insurance Contributions Act 2008 (c.16).

[^c21814091]: Section 166 was amended by paragraph 9 of Schedule 20 to the Finance Act 2007 (c.11).

[^c21814101]: Section 168 was amended by Part 3 of Schedule 27 to the Finance Act 2007 (c.11) and paragraph 65 of Schedule 16 to the Finance Act 2011 (c.11).

[^c21814111]: S.S.I. 2004/114.

[^c21814121]: The definition of “occupation pension scheme” in section 1 was amended by S.I. 2007/3014.

[^c21814131]: 1988 c.1. Chapter 1 of Part 14 was repealed, subject to transitional provisions and savings, by Part 3 of Schedule 36 to the Finance Act 2004 (c.12).

[^c21814141]: Section 612 was repealed, subject to transitional provisions and savings, by Part 3 of Schedule 36 to the Finance Act 2004.

[^c21814151]: Section 608 was repealed, subject to transitional provisions and savings, by Part 3 of Schedule 36 to the Finance Act 2004.

[^c21814161]: Section 28 was relevantly amended by paragraph 159 of Schedule 27 to the Civil Partnership Act 2004 (c.33).

[^c21814171]: Chapter 4 of Part 14 was repealed by Part 3 of Schedule 42 to the Finance Act 2004 (c.12).

[^c21814181]: “Registered medical practitioner” is defined in Schedule 1 to the Interpretation Act 1978 (c.30), as amended by S.I. 2002/3135.

[^c21814191]: 2007 c.3. The definition of “retail prices index” was amended by paragraph 16 of Schedule 3 to the Statistics and Registration Service Act 2007 (c.18).

[^c21814211]: Section 17C was inserted by section 21(2) of the National Health Service (Primary Care) Act 1997 (c.46) and amended by section 2(2) of the Primary Medical Services (Scotland) Act 2004 (asp 1).

[^c21814221]: The definition of “pensionable age” in section 181(1) was inserted by paragraph 17 of Schedule 4 to the Pensions Act 1995 (c.26).

[^c21814231]: 1995 c.18. There are amendments to section 35(1) which are not relevant to these Regulations.

[^c21814241]: Section 55 was amended by section 141(1) of, and Part 3 of Schedule 7 to, the Pensions Act 1995 (c.26), paragraph 7(1)(a) of Schedule 2 to the Welfare Reform and Pensions Act 19999 (c.30), S.I. 2005/2050 and Part 6 of Schedule 7 to the Pensions Act 2007 (c.22).

[^c21814251]: Where paragraph (6) applies in respect of the service in which the person was an active member and becomes an active member again, see Chapter 2.G (re-employment and rejoining the scheme).

[^c21814261]: For the other rules applying where there is a short break in service, see regulation 2.A.7.

[^c21814271]: 1971 c.56. Section 5(1) was amended by paragraph 85 of Schedule 6 to the Superannuation Act 1972 (c.11).

[^c21814281]: 1971 c.56. Section 5(1) was amended by paragraph 85 of Schedule 6 to the Superannuation Act 1972 (c.11).

[^c21814291]: “Registered medical practitioner” is defined in Schedule 1 to the Interpretation Act 1978 (c.30), as amended by S.I. 2002/3135.

[^c21814301]: 1986 c.45.

[^c21814311]: Schedule B1 was inserted by Schedule 16 of the Enterprise Act 2002 (c.40).

[^c21814321]: 1965 c.12. Section 58 was amended by S.I. 2001/2617 and 3649 and 2011/2687.

[^c21814331]: 2006 c.46.

[^c21814381]: S.S.I. 2003/344, amended by S.S.I. 2005/445, 512 and 544, 2006/561, 2008/92 and 225 and 2011/211 and 364.

[^c21814391]: 1972 c.11. Section 1 was amended by section 8 of the Pensions (Miscellaneous Provisions) Act 1990 (c.7), by paragraph 6 of Schedule 8 to the Pension Schemes Act 1993 (c.48), paragraph 14 of Schedule 8 to the Scotland Act 1998 (c.46), S.I. 2000/2040, 2001/3649 and 2007/126. Section 9 was amended by sections 4(1), 8(3) and 11 of the Pensions (Miscellaneous Provisions) Act 1990 (c.7), paragraph 7 of Schedule 8 to the Pension Schemes Act 1993 (c.48) and S.I. 2001/3649.

[^c21814401]: Section 3 makes provision for the automatic enrolment of a qualifying worker into a qualifying scheme like the NHS Superannuation Scheme for Scotland. Section 5 makes provision for the automatic re-enrolment of such a person into such a scheme who has previously opted out of it. Section 8 makes provision for the opting out of such a scheme, including the effect of such an opt out.

[^c21814411]: Regulation 9 sets out the requirements for a valid opt out notice and the time period during which a person who has been automatically enrolled into a qualifying scheme may opt out of it. Regulation 15 applies the provisions of regulation 9 to a person who has been automatically re-enrolled into a qualifying scheme having previously opted out of it. Note that regulation 11 deals with the refund of contributions following an opt out.

[^c21814421]: 1971 c.56.

[^c21814431]: 1970 c.60. Section 59 was amended by section 11 of, and paragraph 20 of Schedule 3 to, the Social Security Act 1979 (c.18), paragraph 33 of Schedule 5, and Schedule 6, to the Social Security Act 1985 (c.53), section 9(8) of the Social Security Act 1986 (c.50), sections 1(7) and 5 of the Pensions (Miscellaneous Provisions) Act 1990 (c.7), paragraph 34 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 (c.6) and paragraph 9(1) of Schedule 8 to the Pensions Schemes Act 1993 (c.48).

[^c21814441]: S.S.I. 1998/1451, amended by S.I. 2001/3649 and S.S.I. 2001/465, 2004/62, 2005/544, 2006/307, 2008/225, 2010/22 and 369, 2011/364 and 2012/163.

[^c21814451]: For the effect of the options under regulation 2.C.8 where this regulation does not apply, see regulation 2.C.16 (effect of part payment of periodical contributions).

[^c21814461]: See regulations 2.D.3 to 2.D.5 and 2.K.21.

[^c21814471]: 1971 c.56.

[^c21814481]: 1971 c.56.

[^c21814491]: 1967 c.28. Section 7 was amended by S.I. 1968/1699, section 10(5) of, and paragraph 66 of Schedule 6 and Schedule 8 to, the Superannuation Act 1972 (c.11), Schedule 5 to the National Health Service Reorganisation Act 1973 (c.32), paragraph 24 of Schedule 16 to the National Health Service (Scotland) Act 1978 (c.29) and paragraph 29 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c.43).

[^c21814501]: 1996 c.18.

[^c21814511]: For the effect of a pension becoming payable as a result of paragraph (2) applying, see Chapter 2.G (re-employment and rejoining the scheme) and Chapter 2.H (abatement).

[^c21814521]: 1971 c.56.

[^c21814531]: 1971 c.56.

[^c21814551]: For the rate at which the pension referred to in paragraph (1) is payable see regulations 2.E.3 to 2.E.7 (amount of surviving adult's pension) and, in any case where that pension includes additional pension, regulations 2.C.14(4) (effect of payment of additional contributions) and 2.C.16(3) (effect of part payment of periodical contributions).

[^c21814561]: For the rate at which the pension referred to in paragraph (1) is payable, see regulations 2.E.10 to 2.E.15 (amount of surviving child's pension) and, in any case where that pension includes additional pension, regulations 2.C.14(4) (effect of payment of additional contributions) and 2.C.16(3) (effect of part payment of periodical contributions).

[^c21814571]: 1971 c.56.

[^c21814581]: 1965 c.32. Section 6(1) was amended by the section 24(2) of the Parliamentary Pensions Act 1972 (c.48), section 6(3) of the National Debt Act 1972 (c.65), paragraph 20 of Schedule 9 to the Friendly Societies Act 1974 (c.46), section 36(2) of, and Schedule 4 to, the Judicial Pensions Act 1981 (c.20), section 1(1) of, and Part 1 of Schedule 1 to the Statute Law (Repeals) Act 1986 (c.12), section 6 of, and Schedule 4 of, the Parliamentary and other Pensions Act 1987 (c.45) and paragraph 1 of Schedule 12 to the Merchant Shipping Act 1995 (c.21).

[^c21814591]: S.I. 1996/1847, amended by 1997/786 and 1613, 2003/1727, 2005/72, 686, 706 and 3377, 2006/34 and 744, 2007/60, 2008/1050 and 2450, 2009/615, 2011/1246 and 2012/692.

[^c21814601]: 1988 c.1. Section 591 was repealed by Part 3 of Schedule 42 of the Finance Act 2004 (c.12).

[^c21814611]: For the meaning of “capped transferred-in service” see regulation 2.F.12.

[^c21814621]: 1988 c.1. Section 590C was repealed, subject to transitional provisions and savings, by Part 3 of Schedule 42 to the Finance Act 2004 (c.12).

[^c21814631]: See regulation 2.A.11(8) (meaning of “reckonable pay”: general).

[^c21814641]: “Registered medical practitioner” is defined in Schedule 1 to the Interpretation Act 1978 (c.30), as amended by S.I. 2002/3135.

[^c21814651]: 1967 c.28. Section 7 was amended by S.I. 1968/1699, section 10(5) of, and paragraph 66 of Schedule 6 and Schedule 8 to, the Superannuation Act 1972 (c.11), Schedule 5 to the National Health Service Reorganisation Act 1973 (c.32), paragraph 24 of Schedule 16 to the National Health Service (Scotland) Act 1978 (c.29) and paragraph 29 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c.43).

[^c21814661]: 1972 c.11. Section 10 was amended by Schedule 5 to the National Health Service Reorganisation Act 1973 (c.32), Schedule 7 to the National Health Service (Scotland) Act 1972 (c.58), sections 4(2) and 8(5) and (6) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7), paragraph 7 of Schedule 8 to the Pension Schemes Act 1993 (c.48) and by S.I. 2001/3649.

[^c21814671]: S.I. 1972/1073 (N.I. 10).

[^c21814681]: 1984 c.8 (Tynwald).

[^c21814691]: 1971 c.56.

[^c21814701]: 1971 c.56.

[^c21814711]: 2000 c.7. Section 15 was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).

[^c21814721]: S.I. 1997/785. Section 2 was amended by S.I. 2005/706, 2006/744 and 778 and 2009/2930.

[^c21814731]: S.I. 2009/1171. Section 12 was amended by paragraph 17 of Schedule 20 to the Finance Act 2007 (c.11) and S.I. 2011/1751.

[^c21814741]: 1911 c.11, 1920 c.75, 1939 c.121 and 1989 c.6.

[^c21814751]: Section 206 was inserted by paragraph 41 of Schedule 16 to the Finance Act 2011 (c.11).

[^c21814761]: Section 205A was inserted by paragraph 14 of Schedule 16 to the Finance Act 2011 (c.11).

[^c21814771]: Section 237A was inserted by paragraph 15 of Schedule 17 to the Finance Act 2011 (c.11).

[^c21814781]: Section 237B was inserted by paragraph 15 of Schedule 17 to the Finance Act 2011 (c.11).

[^c21814791]: Section 237D was inserted by paragraph 15 of Schedule 17 to the Finance Act 2011 (c.11).

[^c21814801]: Section 237E was inserted by paragraph 15 of Schedule 17 to the Finance Act 2011 (c.11).

[^c21814811]: “Registered medical practitioner” is defined in Schedule 1 to the Interpretation Act 1978 (c.30), as amended by S.I. 2002/3135.

[^c21814821]: Section 160 was amended by the Finance Act 2006 (c.25), Schedules 21 and 23 and the Finance Act 2007 (c.11), Schedule 20, paragraph 5.

[^c21814831]: 1986 c.45. Section 310 was amended by paragraph 15 of Schedule 3 to the Pensions Act 1995 (c.26), paragraph 2 of Schedule 2 to the Welfare Reform and Pensions Act 1999 (c.30), section 259(3) and (4) of, and Schedule 26 to, the Enterprise Act 2002 (c.40) and S.I. 2011/1730.

[^c21814841]: S.I. 1980/1177. Regulations 27 and 28 were revoked by S.I. 1995/365.

[^c21814851]: S.I. 1980/1177. Regulations 27 and 28 were revoked by S.I. 1995/365.

[^c21814861]: 1988 c.1. Section 590C was repealed by Part 3 of Schedule 42 to the Finance Act 2004 (c.12).

[^c21814871]: 1971 c.56.

[^c21814881]: 1978 c.29.

[^c21814891]: 1993 c.48.

[^c21814901]: 1995 c.26.

[^c21814911]: 1997 c.46.

[^c21814921]: 1999 c.30.

[^c21814931]: 2004 c.12.

[^c21814951]: 2006 c.41.

[^c21814961]: 2008 c.30.

[^c21814971]: S.S.I. 2008/224, amended by S.S.I. 2009/19 and 208, 2010/22 and 369, 2011/53 and 364, 2012/69 and 163 and S.I. 2010/234.

[^c21814981]: S.I. 2010/772.

[^c21814991]: S.S.I. 2011/117, amended by S.S.I. 2011/173 and 364 and 2012/69 and 163.

[^c21815001]: “Registered medical practitioner” is defined in Schedule 1 to the Interpretation Act 1978 (c.30), as amended by S.I. 2002/3135.

[^c21815011]: S.S.I. 2010/208, to which there are amendments not relevant to these Regulations.

[^c21815021]: Regulation 14 was substituted by regulations 17 and 22 of S.I. 2012/215.

[^c21815031]: 1971 c.80. There is an amendment to section 1(5) which is not relevant to these Regulations.

[^c21815041]: 1998 c.11.

[^c21815051]: Section 19 was amended by S.I. 2001/3649, 2005/2050 and 2007/3014.

[^c21815061]: 1983 c.54. Section 34L was inserted by S.I. 2010/234.

[^c21815071]: Section 49B and Schedule 4A were inserted by S.I. 2007/3101 and amended by S.I. 2008/1174 and 2010/234.

[^c21815081]: Section 15 was relevantly amended by paragraph 1(2) of schedule 1 to the Primary Medical Services (Scotland) Act 2004 (asp 1) and by paragraph 17 of schedule 17 of the Public Services Reform (Scotland) Act 2010 (asp 8).

[^c21815091]: Section 9 was relevantly amended by section 136(3) of the Pensions Act 1995 (c.26), section 14(4) of, and Part 6 of Schedule 7 to, the Pensions Act 2007 (c.22) and paragraph 35(2) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2).

[^c21815101]: 1972 c.11. Section 10 was amended by Schedule 5 to the National Health Service Reorganisation Act 1973 (c.32), Schedule 7 to the National Health Service (Scotland) Act 1972 (c.58), sections 4(2) and 8(5) and (6) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7), paragraph 7 of Schedule 8 to the Pension Schemes Act 1993 (c.48) and by S.I. 2001/3649.

[^c21815111]: S.I. 1972/1073 (N.I. 10).

[^c21815121]: 1984 c.8 (Tynwald).

[^c21815131]: 1984 c.24.

[^c21815141]: Section 27(1)(cc) was inserted by section 3 of the Medical Products: Prescription by Nurses etc. Act 1992 (c.28) and amended by section 44(2) of the Health and Social Care Act 2001 (c.15).

[^c21815151]: The Common Services Agency for the Scottish Health Service is also known as the NHS National Services Scotland. Section 10 was amended by paragraph 2 of Schedule 6 to the Health Services Act 1980 (c.53), section 66(2) to, and Schedule 10 to, the National Health Services and Community Care Act 1990 (c.19), paragraph 44 of Schedule 4 to the Health Act 1999 (c.8), paragraph 2(4) of schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) and section 17(1) of the Patient Rights (Scotland) Act 2011 (asp 5).

[^c21815161]: Section 10A was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8).