The National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015

Column 1Original entitlement	Column 2Revised entitlement
PART 1Entitlements from the 1995 Section	PART 1Entitlements from the 1995 Section
a lump sum on death under regulation F1.	a lump sum on death under regulation 111(a) of the 2015 Regulations which is equal to the greater of—
a lump sum on death under regulation F1.	the lump sum calculated in accordance with paragraph 2 (death of active member) of Schedule 12 (lump sum on death) to the 2015 Regulations; andthe lump sum otherwise due under the original entitlement to a lump sum on death under regulation F1 of the 2011 Regulations.
an initial adult survivor pension under regulation G2(5) at the rate of the member’s pensionable pay for the first six months after the member’s death.	a pension payable from the new scheme during the initial period at the rate which is equal to the greater of—
an initial adult survivor pension under regulation G2(5) at the rate of the member’s pensionable pay for the first six months after the member’s death.	the rate of the member’s pensionable earnings under regulation 114(4) of the 2015 Regulations; andthe rate of the member’s pensionable pay that would have applied under the original entitlement in respect of the member under regulation G2(5) of the 2011 Regulations
an initial adult survivor pension under regulation G2(5) at the rate of the member’s pensionable pay for the first six months after the member’s death.	where references in regulation G2(6) and H3(7) and (8) of the 2011 Regulations to regulation G2(5) are to be taken to be a reference to a pension payable under regulation 114(4) of the 2015 Regulations.
an ongoing pension under regulation G2(5) based on one half of the member’s notional ill-health pension had the member become entitled to an upper tier pension under regulation E3 on the member’s last day of pensionable employment.	payable from the 1995 Section in respect of service in that Section, an ongoing adult survivor pension equal to the pension that would have been payable to the adult survivor under Part G of the 2011 Regulations if the member had retired with a pension under regulation E1 of the 2011 Regulations on the member’s last day of pensionable employment; andpayable from the new scheme in respect of service in that scheme, an ongoing survivor pension based on an Upper Tier IHP under regulation 114(5) of the 2015 Regulations
a dependant child’s pension under regulation H3 equal to the rate of the member’s final year’s pensionable pay, payable for the first—three months under paragraph (8);six months under paragraph (9);six months under paragraph (10).	an initial pension payable from the new scheme equal to the greater of—an initial pension of the same amount and for the same duration under paragraph (6) or (7) of regulation 122 of the 2015 Regulations; andan initial pension of the same amount and for the same duration as the original entitlement in respect of the member under regulation H3 of the 2011 Regulations.
an ongoing pension under regulation H3(3) based on a proportion of the member’s notional ill-health pension had the member become entitled to an Upper Tier pension under regulation E3 on the member’s last day of pensionable employment or, if greater, the amount that pension would have been had it been based on 10 years pensionable service.	payable from the 1995 Section in respect of service in that Section, an ongoing pension equal to the relevant proportion of the pension that would have been payable to the member if the member had retired with a pension under regulation E1 of the 2011 Regulations on the member’s last day of pensionable employment; andpayable from the new scheme in respect of service in that scheme, an ongoing pension based on the appropriate fraction of the basic death pension specified under regulation 122(3) and (4) of the 2015 Regulations.
PART 2Entitlements from the 2008 Section	PART 2Entitlements from the 2008 Section
a lump sum on death under regulation 2.E.17(1) or 3.E.17(1).	a lump sum on death under regulation 112(a) of the 2015 Regulations which is equal to the greater of—the lump sum calculated in accordance with paragraph 2 (death of active member) of Schedule 2 (lump sum on death) to the 2015 Regulations; andthe lump sum otherwise due under the original entitlement to a lump sum on death under regulation 2.E.17(1) or 3.E.17(1) of the 2013 Regulations.
a surviving adult dependent’s pension during the initial period of six months—under regulation 2.E.3(1)(b) equal to the deceased’s reckonable pay; orunder regulation 3.E.3(1)(b) equal to the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service	a pension payable from the new scheme during the initial period at the rate which is equal to the greater of—
a surviving adult dependent’s pension during the initial period of six months—under regulation 2.E.3(1)(b) equal to the deceased’s reckonable pay; orunder regulation 3.E.3(1)(b) equal to the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service	the rate of the member’s pensionable earnings under regulation 115(4) of the 2015 Regulations; and (b) the rate of the deceased’s reckonable pay under regulation 2.E.3(1) of the 2013 Regulations; andthe monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service under regulation 3.E.3(1)(b) of the 2013 Regulations,
a surviving adult dependent’s pension during the initial period of six months—under regulation 2.E.3(1)(b) equal to the deceased’s reckonable pay; orunder regulation 3.E.3(1)(b) equal to the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service	where references in regulation 2.E.3(2) and 3.E.3(2) of the 2013 Regulations to “after the initial period” are to be taken to be a reference to the period for which the initial pension payable under regulation 114(4) of the 2015 Regulations is payable.
If the member has not reached the age of 65: an ongoing pension after the initial period—	payable from the 2008 Section in respect of service in that Section, an ongoing adult survivor pension after the initial period equal to—37.5% of the pension under regulation 2.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; orthe appropriate proportion of the pension under regulation 3.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; andpayable from the new scheme in respect of service in that scheme, an ongoing survivor pension based on an Upper Tier IHP under regulation 114(5) of the 2015 Regulations
under regulation 2.E.3(2)(a) equal to 37.5% of the Upper Tier ill health pension under regulation 2.D.8 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension; orunder regulation 3.E.3(2)(a) equal to the appropriate proportion of the Upper Tier ill health pension under regulation 3.D.7 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension.	payable from the 2008 Section in respect of service in that Section, an ongoing adult survivor pension after the initial period equal to—37.5% of the pension under regulation 2.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; orthe appropriate proportion of the pension under regulation 3.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; andpayable from the new scheme in respect of service in that scheme, an ongoing survivor pension based on an Upper Tier IHP under regulation 114(5) of the 2015 Regulations
If the member has reached the age of 65: an ongoing pension after the initial period—	payable from the 2008 Section in respect of service in that Section, an ongoing adult survivor pension after the initial period equal to—37.5% of the pension under regulation 2.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; orthe appropriate proportion of the pension under regulation 3.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; andpayable from the new scheme in respect of service in that scheme, an ongoing survivor pension based on an Upper Tier IHP under regulation 114(5) of the 2015 Regulations
under regulation 2.E.3(2)(b) equal to 37.5% of the pension under regulation 2.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service; orunder regulation 3.E.3(2)(b) equal to the appropriate proportion of the Upper Tier ill health pension under regulation 3.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service.	payable from the 2008 Section in respect of service in that Section, an ongoing adult survivor pension after the initial period equal to—37.5% of the pension under regulation 2.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; orthe appropriate proportion of the pension under regulation 3.D.1 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; andpayable from the new scheme in respect of service in that scheme, an ongoing survivor pension based on an Upper Tier IHP under regulation 114(5) of the 2015 Regulations
a dependant child’s pension under—regulation 2.E.10 equal to the rate of the deceased member’s reckonable pay, payable for the first—three months under paragraph (6)(b);six months under paragraph (7); orregulation 3.E.10 equal to the rate of the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable pay, payable for the first—three months under paragraph (5)(b);six months under paragraph (6)	an initial pension payable from the new scheme equal to the greater of—an initial pension of the same amount and for the same duration under paragraph (6) or (7) of regulation 123 of the 2015 Regulations; andan initial pension of the same amount and for the same duration as the original entitlement in respect of the member under regulation 2.E.10 or 3.E.10 of the 2013 Regulations.
an ongoing pension under regulation 2.E.10(3) or 3.E.10(3) equal to the appropriate fraction of the basic death pension.	payable from the 2008 Section in respect of service in that Section, an ongoing pension equal to the appropriate fraction of the basic death pension payable under—
an ongoing pension under regulation 2.E.10(3) or 3.E.10(3) equal to the appropriate fraction of the basic death pension.	regulation 2.E.10(3) of the 2013 Regulations; orregulation 3.E.10(3) of the 2013 Regulations,
an ongoing pension under regulation 2.E.10(3) or 3.E.10(3) equal to the appropriate fraction of the basic death pension.	where that pension is based on the pensionable service that the deceased was entitled to count at the date of death; and
an ongoing pension under regulation 2.E.10(3) or 3.E.10(3) equal to the appropriate fraction of the basic death pension.	payable from the new scheme in respect of service in that scheme, an ongoing pension based on the appropriate fraction of the basic death pension specified under regulation 122(3) and (4) of the 2015 Regulations.

• (2) Save where expressly provided in Table 1 or Table 2, no entitlement in respect of the matters listed in column 1 of either table is payable from both the 2015 Regulations and—

• (a) the 1995 Section; or

• (b) the 2008 Section,

and no entitlement in respect of the matters listed in column 1 of Table 1 or Table 2 is payable twice (under the 2015 Regulations or those Regulations and either the 1995 Section or 2008 Section) in respect of the same period of service.

CHAPTER 9 — Option to convert service

Option for 1995 Section members to convert to 2008 Section membership

39

• (1) This regulation applies to a person who on 31st March 2015 was in pensionable service for the purposes of the 2011 Regulations, but who on 1st April 2015 is not a person to whom the following provisions apply—

• (a) paragraphs (5), (6) and, where paragraph (11) or (12) applies, paragraph (9) of regulation B3 of those Regulations; or

• (b) regulation 27.

• (2) A person to whom this regulation applies may give the Scottish Ministers a notice in writing electing that their pensionable service for the purposes of the 2011 Regulations be treated as if it were such service for the purposes of the 2013 Regulations.

• (3) Paragraph (2) applies only to the extent that the person has not already received benefits under the 2011 Regulations in respect of the person’s pensionable service for the purposes of those Regulations.

• (4) For the purposes of this regulation, a notice—

• (a) includes any notice that a person may have given to the Scottish Ministers prior to 31st March 2015; and

• (b) has the same effect that a notice given pursuant to Chapter 2.K or, as the case may be, Chapter 3.K of the 2013 Regulations would have had prior to 31st March 2015.

PART 3 — Amendments to the old scheme

Amendments to the old scheme

40

Schedule 2 (amendments to the old scheme) has effect.

SCHEDULE 1 — Eligibility of pensioners

Eligibility of 1995 Section pensioners to join new scheme

1

A person of the description in column 2 of the table is eligible to be a member of the new scheme in the circumstances or on the date specified in column 3 of the table.

Column 1Group	Column 2Description of person	Column 2Description of person	Column 3Circumstances or date of eligibility
1	a 1995 Section member who is in receipt of an ill-health pension under regulation E2 or E3 of the 2011 Regulations who—is in pensionable employment in the 1995 Section on or after 1st April 2015; orwho returned to pensionable employment in the 1995 Section on or before 31st March 2015 and who, if the member had been in employment with an employing authority on 1st April 2015, would have been eligible to re-join the 1995 Section.	a 1995 Section member who is in receipt of an ill-health pension under regulation E2 or E3 of the 2011 Regulations who—is in pensionable employment in the 1995 Section on or after 1st April 2015; orwho returned to pensionable employment in the 1995 Section on or before 31st March 2015 and who, if the member had been in employment with an employing authority on 1st April 2015, would have been eligible to re-join the 1995 Section.	eligible to be an active member of the new scheme on the earliest of—returning from a break in service where regulation B2 of the 2011 Regulations applies;reaching the member’s eligibility cessation date determined in accordance with regulation B3 of the 2011 Regulations;returning from a break in service after reaching the member’s eligibility cessation date determined in accordance with regulation B3 of the 2011 Regulations.
2	a 1995 Section member in receipt of a pension under regulation E2 or a Lower Tier pension under regulation E3 of the 2011 Regulations who—is in further pensionable employment in the 1995 Section on or before 31st March 2015; orreturns to NHS employment—for the first time after the pension under regulation E2 or a Lower Tier pension under regulation E3 of the 2011 Regulations became payable;on or after 1st April 2015; andis under the age of 50 on the date of return to NHS employment,eligible to be an active member of the new scheme on or after 1st April 2015 if that member would, apart from the operation of regulation 19(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.	a 1995 Section member in receipt of a pension under regulation E2 or a Lower Tier pension under regulation E3 of the 2011 Regulations who—is in further pensionable employment in the 1995 Section on or before 31st March 2015; orreturns to NHS employment—for the first time after the pension under regulation E2 or a Lower Tier pension under regulation E3 of the 2011 Regulations became payable;on or after 1st April 2015; andis under the age of 50 on the date of return to NHS employment,eligible to be an active member of the new scheme on or after 1st April 2015 if that member would, apart from the operation of regulation 19(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.	and who ceases to be eligible for pensionable employment in the 1995 Section in NHS employment on or after 1st April 2015 pursuant to regulation B3 of the 2011 Regulations.
3	a 1995 Section member in receipt of an Upper Tier pension under regulation E3 of the 2011 Regulations—who re-enters NHS employment;whose protection period for the purposes of regulation E5 of the 2011 Regulations spans 1st April 2015 or begins on or after 1st April 2015; andwho is—under age 50 on the day after the protection period in regulation E5(6)(b) of the 2011 Regulations ends; andnot eligible to re-join the 1995 Section on that day pursuant to regulation B2 or B3 of the 2011 Regulations.	a 1995 Section member in receipt of an Upper Tier pension under regulation E3 of the 2011 Regulations—who re-enters NHS employment;whose protection period for the purposes of regulation E5 of the 2011 Regulations spans 1st April 2015 or begins on or after 1st April 2015; andwho is—under age 50 on the day after the protection period in regulation E5(6)(b) of the 2011 Regulations ends; andnot eligible to re-join the 1995 Section on that day pursuant to regulation B2 or B3 of the 2011 Regulations.	eligible to be an active member of the new scheme on the day after the protection period in regulation E5(6)(b) of the 2011 Regulations ends.
4	a 1995 Section member who is in pensionable employment on or after 1st April 2015 who—becomes a pensioner member of the 1995 Section with a Lower Tier pension under regulation E3 of the 2011 Regulations from that employment;subsequently re-enters NHS employment and on return is under age 50; andis not eligible to re-join the 1995 Section on that day pursuant to regulation B2 or B3 of the 2011 Regulations.	a 1995 Section member who is in pensionable employment on or after 1st April 2015 who—becomes a pensioner member of the 1995 Section with a Lower Tier pension under regulation E3 of the 2011 Regulations from that employment;subsequently re-enters NHS employment and on return is under age 50; andis not eligible to re-join the 1995 Section on that day pursuant to regulation B2 or B3 of the 2011 Regulations.	eligible to be an active member of the new scheme on the day of return to NHS employment.
5	a 1995 Section member—who became eligible to join the new scheme on or after 1st April 2015;who became an active member of the new scheme before reaching normal benefit age under the 1995 Section; andfor whom the service in the 1995 Section did not qualify as or has ceased to be pensionable service to which paragraph 1(2)(i) and (ii) or paragraph 2(i) and (ii) of Schedule 7 to the 2013 Act applies.	a 1995 Section member—who became eligible to join the new scheme on or after 1st April 2015;who became an active member of the new scheme before reaching normal benefit age under the 1995 Section; andfor whom the service in the 1995 Section did not qualify as or has ceased to be pensionable service to which paragraph 1(2)(i) and (ii) or paragraph 2(i) and (ii) of Schedule 7 to the 2013 Act applies.	eligible to be an active member of the new scheme, or re-join the new scheme, notwithstanding the putting into payment of the pension under the 1995 Section.
6	a 1995 Section pensioner—who would have been eligible to be an active member of the 2008 Section after the completion of a waiting period as set out in regulation 2.B.2 and 3.B.2 of the 2013 Regulations but who will not be eligible to join the 2008 Section on that date pursuant to regulations 2.B.1 or 3.B.1 of the 2013 Regulations; andwho—has not yet returned to NHS employment on 1st April 2015; orreturned to NHS employment before that date but, on that date, has not completed the relevant waiting period.	a 1995 Section pensioner—who would have been eligible to be an active member of the 2008 Section after the completion of a waiting period as set out in regulation 2.B.2 and 3.B.2 of the 2013 Regulations but who will not be eligible to join the 2008 Section on that date pursuant to regulations 2.B.1 or 3.B.1 of the 2013 Regulations; andwho—has not yet returned to NHS employment on 1st April 2015; orreturned to NHS employment before that date but, on that date, has not completed the relevant waiting period.	eligible to be an active member of the new scheme on completion of the relevant waiting period in regulation 2.B.2 or 3.B.2 of the 2013 Regulations.
7	a 1995 Section member in receipt of a pension under regulation E2 or a lower tier pension under regulation E3 of the 2011 Regulations who—is in further pensionable employment in the 1995 Section on 31st March 2022; orwould have been eligible to join the 1995 Section on 31st March 2022 if the member had been in employment with an employing authority on that day.	a 1995 Section member in receipt of a pension under regulation E2 or a lower tier pension under regulation E3 of the 2011 Regulations who—is in further pensionable employment in the 1995 Section on 31st March 2022; orwould have been eligible to join the 1995 Section on 31st March 2022 if the member had been in employment with an employing authority on that day.	eligible to be an active member of the new scheme on the first day on or after 1st April 2022 on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
8	a 1995 Section member in receipt of a redundancy etc. pension under regulation of the 2011 Regulations who—made an election under paragraph (4) of regulation R4 of the 2011 Regulations in respect of that pension;is in further pensionable employment in the 1995 Section on 31st March 2022; orwould have been eligible to join the 1995 Section on 31st March 2022 if the member had been in employment with an employing authority on that day.	a 1995 Section member in receipt of a redundancy etc. pension under regulation of the 2011 Regulations who—made an election under paragraph (4) of regulation R4 of the 2011 Regulations in respect of that pension;is in further pensionable employment in the 1995 Section on 31st March 2022; orwould have been eligible to join the 1995 Section on 31st March 2022 if the member had been in employment with an employing authority on that day.	eligible to be an active member of the new scheme on the first day on or after 1st April 2022 on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
9	a 1995 Section pensioner in receipt of a upper tier ill-health pension under regulation E5 of the 2011 Regulations—	a 1995 Section pensioner in receipt of a upper tier ill-health pension under regulation E5 of the 2011 Regulations—	eligible to be an active member of the new scheme on the day after the protection period in regulation E3(6)(b) of the 2011 Regulations ends.
9	(a) who returns to NHS employment and the first anniversary of that return is on or after 1 April 2023; and	(a) who returns to NHS employment and the first anniversary of that return is on or after 1 April 2023; and	eligible to be an active member of the new scheme on the day after the protection period in regulation E3(6)(b) of the 2011 Regulations ends.
9	(b) whose protection period for the purposes of regulation E5 of the 2011 Regulations spans 1 April 2023 or begins after 1 April 2023.	(b) whose protection period for the purposes of regulation E5 of the 2011 Regulations spans 1 April 2023 or begins after 1 April 2023.	eligible to be an active member of the new scheme on the day after the protection period in regulation E3(6)(b) of the 2011 Regulations ends.
10	a 1995 Section pensioner, other than an upper tier ill health pensioner, who does not fall within one of the Groups above.	a 1995 Section pensioner, other than an upper tier ill health pensioner, who does not fall within one of the Groups above.	eligible to be an active member of the new scheme, or re-join the new scheme, on the first day on or after 1 April 2023 on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.

Eligibility of 2008 Section pensioners to join new scheme

2

• (1) Subject to paragraph (2), a 2008 Section pensioner member is eligible to be a member of the new scheme if that member would, apart from the operation of regulation 19(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.

• (2) A person of the description in column 2 of the table is eligible to be a member of the new scheme in the circumstances or on the date specified in column 3 of the table.

Column 1Group	Column 2Description of person	Column 3Circumstances or date of eligibility
1	a 2008 Section pensioner member—who is also an active member of the 2008 Section on or after 1st April 2015; orother than an Upper Tier ill-health pensioner who returns to NHS employment on or after that date.	eligible to be an active member of the new scheme on return from a break in service where regulation 2.B.3(1B) or 3.B.3(1B) of the 2013 Regulations applies.
2	a 2008 Section pensioner member—who is also an active member of the 2008 Section on or after 1st April 2015; orother than an Upper Tier ill-health pensioner who returns to NHS employment on or after that date,and to whom regulation 2.B.3(1D) or 3.B.3(1D) of the 2013 Regulations applies.	eligible to be an active member of the new scheme on the earliest of—returning from a break in service where regulation 2.B.3(1B) or 3.B.3(1B) of the 2013 Regulations applies;reaching the member’s eligibility cessation date determined in accordance with regulation 2.B.3(1F) or 3.B.3(1F) of the 2013 Regulations;returning from a break in service after reaching the member’s eligibility cessation date determined in accordance with regulation 2.B.3(1F) or 3.B.3(1F) of the 2013 Regulations.
3	a 2008 Section pensioner member—who is also an active member of the 2008 Section on 31st March 2015; orother than an upper tier ill-health pensioner who returns to NHS employment on or after that date,and ceased to be eligible to be an active member of the 2008 Section in any employment on or after 1st April 2015.	eligible to be an active member of the new scheme on the first day on or after 1st April 2015 that the member is in an employment that would, apart from the operation of regulation 19(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
4	an Upper Tier ill-health pensioner—who returns to NHS employment and the first anniversary of that return is on or after 1st April 2015;to whom regulation 2.G.4(5)(b) or 3.G.4(5)(b) of the 2013 Regulations applies; andif on the first anniversary of the return to NHS employment that person is not eligible to re-join the 2008 Section pursuant to regulations 2.B.1 and 2.B.2 or 3.B.1 and 3.B.2 of the 2013 Regulations.	eligible to be an active member of the new scheme on the first day on or after the first anniversary of return to NHS employment that the member is in an employment that would, apart from the operation of regulation 19(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
5	a 2008 Section member—who is not eligible to be an active member of that Section in NHS employment on or after 1st April 2015; andwho becomes a pensioner member of that Section on or after that date.	eligible to be an active member of the new scheme on or after 1st April 2015 if that member would, apart from the operation of regulation 19(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
6	a 2008 Section pensioner other than an upper tier ill-health pensioner who—is also an active member of the 2008 Section on 31st March 2022; orwould have been eligible to be an active member of the 2008 Section if the member had been in NHS employment on that day.	eligible to be an active member of the new scheme on the first day on or after 1st April 2022 on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
7	An upper tier ill-health pensioner—who returns to NHS employment and the first anniversary of that return is on or after 1st April 2022;to whom regulation 2.G.4(5)(b) or 3.G.4(5)(b) of the 2013 Regulations applies; andon the first anniversary of the return to NHS employment that person is not eligible to re-join the 2008 Section pursuant to regulation 2.B.2(A1) or 3.B.2(A1) of the 2013 Regulations.	eligible to be an active member of the new scheme on the first day on or after the first anniversary of return to NHS employment on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.

• (3) Paragraphs (1) and (2) apply notwithstanding a person also—

• (a) being a 1995 Section pensioner; or

• (b) becoming a 1995 Section pensioner after becoming eligible to be an active member of the new scheme.

SCHEDULE 2 — Amendments to the old scheme

PART 1 — Amendment of the 2011 Regulations

General

1

The 2011 Regulations are amended in accordance with the remaining paragraphs of this Part.

Amendment of regulation B2

2

In regulation B2 (restrictions on membership)—

• (a) omit sub-paragraphs (h)(v) and (i)(iv) of paragraph (1); and

• (b) after sub-paragraph (b) of paragraph (2), insert—

(c) for the purposes of sub-paragraphs (i) and (1)(iii)(aa), any break in pensionable employment where the member was in pensionable public service as defined in paragraph 3(2) of Schedule 7 to the 2013 Act is to be disregarded.

Amendment of regulation B3

3

After paragraph (3) of regulation B3 (restriction on further participation in this Section of the scheme), add—

(4) A person who on 1st April 2012 has not attained the age of 41 years and 7 months may not contribute to or accrue further pensionable service under this Section of the scheme in respect of service in NHS employment on, or after, 1st April 2015. (5) A person who on 1st April 2012 has attained the age of 50 may not contribute to or accrue further pensionable service under this Section of the scheme unless that person either— (a) is in pensionable employment on 31st March 2015; or (b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply. (6) A person who on 1st April 2012 has attained the age of 45 but not the age of 46 years and 7 months may not contribute to or accrue further pensionable service under this Section of the scheme unless either paragraph (7) or (8) applies to that person and that person— (a) is in pensionable employment on 31st March 2015; or (b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply. (7) This paragraph applies to a person who was on 1st April 2012 in pensionable employment as a special class officer— (a) under regulation R2; or (b) under regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count 20 years or more pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation. (8) This paragraph applies to a person who was on 31st March 2015 in pensionable employment as a special class officer— (a) under regulation R2; or (b) under regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count 20 years or more pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation. (9) A person who on 1st April 2012 has attained the age of 46 years and 7 months but has not attained the age of 50, may not contribute to or accrue further pensionable service under this Section of the scheme unless one of paragraph (10), (11) or (12) applies to that person and that person— (a) is in pensionable employment on 31st March 2015; or (b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply. (10) This paragraph applies to a person whose eligibility cessation date calculated in accordance with paragraph (15) has not been reached. (11) This paragraph applies to a person if on the day before that person’s eligibility cessation date calculated in accordance with paragraph (10), that person is in pensionable employment as a special class officer— (a) under regulation R2; or (b) under regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count 20 years or more pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation. (12) A person who on 1st April 2012 has attained the age of 41 years and 7 months but has not attained the age of 45, may not contribute to or accrue further pensionable service under this Section of the scheme unless either paragraph (13) or (14) applies to that person and that person— (a) is in pensionable employment on 31st March 2015; or (b) returns to pensionable employment on or after 1st April 2015 in circumstances where the provisions of regulation B2 do not apply. (13) This paragraph applies to a person if that person was on 1st April 2012 in pensionable employment as a special class officer— (a) under— (i) regulation R2; or (ii) regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count 20 years or more pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation; and (b) that person’s eligibility cessation date calculated in accordance with paragraph (16) has not been reached. (14) This paragraph applies to a person if that person was on 31st March 2015 in pensionable employment as a special class officer— (a) under— (i) regulation R2; or (ii) regulation R3 and would, if that employment were to continue until that person attained the age of 60 years, be able to count 20 years or more pensionable service as a mental health officer for the purposes of paragraphs (5) and (6) of that regulation; and (b) that person’s eligibility cessation date calculated in accordance with paragraph (16) has not been reached. (15) For the purposes of paragraphs (10) and (11), the “eligibility cessation date” in relation to a person is to be determined according to the formula— $$A − 2 × M$ where— A is 1st April 2022; M is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 50.$ (16) For the purposes of paragraphs (13) and (14), the “eligibility cessation date” in relation to a person is to be determined according to the formula— $$A − (2 × N)$ where— A is 1st April 2022; N is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 45.$ (17) Paragraph (18) applies to a person where in the opinion of the Scottish Ministers— (a) that person was previously an active member of a health service scheme corresponding to this Section of the scheme; (b) the regulations governing that corresponding scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act that provide for exceptions to subsection (1) of that section, and (c) pursuant to those provisions, the member would have been eligible to re-join that corresponding scheme if the member had returned to NHS employment for the purposes of that scheme on the day the member commenced NHS employment within the meaning of these Regulations. (18) The Scottish Ministers may permit a person referred to in paragraph (17) to join this Section of the scheme and, for the purposes of paragraphs (5) to (16), the member’s previous pensionable employment under the corresponding health service scheme referred to in paragraph (17) will be treated as if it were previous pensionable employment under this Section of the scheme.

Amendment of regulation E12

4

In paragraph (16) of regulation E12 (preserved pension), for the definition of “NHS employment” substitute—

• “NHS employment” does not include employment with an employing authority in respect of which a member is eligible to join— the 2008 Section; or the 2015 Scheme and that member’s service in this Section does not qualify as, or has ceased to be, pensionable service to which paragraph 1(2)(i) and (ii) or paragraph 2(i) and (ii) of Schedule 7 (final salary link) to the 2013 Act applies;

Amendment of regulation R7

5

After paragraph (5) of regulation R7 (former members of health service schemes), add—

(6) Subject to paragraphs (8) and (9), a member who leaves employment in respect of which the member qualified for benefit under a health service scheme and who joins the 2015 Scheme may, by notice in writing, require the Scottish Ministers to credit the member with a relevant period of pensionable service (together with the rights attaching to that service) under this Section of the scheme. (7) That relevant period of pensionable service is calculated as if— (a) the employment to which the health service scheme applied were NHS employment; and (b) the member’s contributions to that health service scheme were contributions to this Section of the scheme. (8) The member may only exercise the right referred to in paragraph (6) if— (a) a transfer payment is made from the health service scheme to this Section of the scheme; and (b) on the day the member becomes an active member of the 2015 Scheme, paragraph 2 of Schedule 7 to the 2013 Act applies to the period of service in respect of which that transfer value payment is made. (9) A notice referred to in paragraph (6) must be addressed to the Scottish Ministers and given within 1 year after joining the 2015 Scheme.

New regulation U5

6

At the end of Part U (administrative matters), insert—

(U5) (1) The Scottish Ministers must provide a benefit information statement to each member in accordance with— (a) section 14 (information about benefits) of the 2013 Act; and (b) any Treasury directions given from time to time pursuant to that section. (2) Paragraph (1) does not provide a right for a member to request a benefit information statement. (3) The Scottish Ministers are only required to provide a member with one benefit information statement per scheme year. (4) A benefit information statement provided pursuant to paragraph (1) is to be treated as though it is the information mentioned in regulation 16(2)(a) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013[^f00011] for the purposes of determining whether or not information must be given under regulation 16(1) of those Regulations.

Amendment of Schedule 1

7

For paragraph 24 of Schedule 1 (medical and dental practitioners), substitute—

(24) Regulation E12(16) is modified so that— (a) paragraph (b) in the definition of “NHS employment” reads— (b) the 2015 Scheme and that member has a break of service under the 2015 Regulations that exceeds five years; (b) the definition of “regular employment of like duration” reads— - “regular employment of like duration” means such employment as the Scottish Ministers consider would involve a similar level of engagement to the member’s pensionable service as a practitioner immediately before that service ceased.

PART 2 — Amendment of the 2013 Regulations

General

8

The 2013 Regulations are amended in accordance with the remaining paragraphs of this Part.

Amendment of regulation 2.B.1

9

• (1) In regulation 2.B.1 (eligibility: general)—

• (a) in paragraph (1), after “scheme” insert “on or after 1st April 2015”; and

• (b) for paragraphs (3) to (6), substitute—

(3) Condition B is that the person— (a) enters NHS employment on or after 1st April 2008 and has service (“relevant service”) as an active member of this Section of the scheme— (i) on or before 1st April 2012; or (ii) after 1st April 2012, but only where that service is pursuant to the provisions of Chapter 2.K; (b) has not had a break in service for any one period of five years or more ending in the period starting on 2nd April 2012 and finishing on 1st April 2015; and (c) meets all of the “other Section conditions” (see paragraph (5)). (4) Condition C is that the person has not reached the age of 75 and was born on, or before, 31st August 1960. (5) The “other Section conditions” are that— (a) the person has not received a repayment of contributions under regulation 2.C.18 in respect of their relevant service; (b) the person’s rights under this Section of the scheme in respect of their relevant service have not been extinguished under regulation 2.F.7; (c) the person is not entitled to a repayment of contributions under regulation 2.C.18 by virtue of paragraph (2)(a) to (c) of that regulation.

Amendment of regulation 2.B.3

10

After paragraph (1) of regulation 2.B.3 (restrictions on eligibility: general), insert—

(1A) A person who was born on or after 1st September 1960 is not eligible to be an active member of this Section of the scheme in respect of service in NHS employment on or after 1st April 2015. (1B) A person is not eligible to be an active member of this Section of the scheme if that person has had a break in service ending on or after 2nd April 2012, and any of the following apply— (a) that break in service is for any one period of five years or more; (b) that person receives a repayment of contributions under regulation 2.C.18 in respect of the person’s service before that break (see regulation 2.B.1(3)(a)); (c) that person becomes entitled to a repayment of contributions under regulation 2.C.18 by virtue of paragraph (2)(a) to (c) of that regulation in respect of the person’s service before that break; or (d) that person’s rights under this Section of the scheme in respect of service before that break have been extinguished under regulation 2.F.7 because a transfer value payment is made in respect of them. (1C) A person who on 1st April 2012 has attained the age of 55 may not contribute to or accrue further pensionable service under this Section of the scheme unless that person— (a) is on 1st April 2015 an active member of this Section of the scheme in accordance with regulation 2.B.1; or (b) returns to NHS employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply. (1D) Paragraph (1E) applies to a person— (a) who on 1st April 2012 has attained the age of 51 years and 7 months but has not attained the age of 55; and (b) whose eligibility cessation date has not been reached (see paragraph (1F)). (1E) A person referred to in paragraph (1D) may not contribute to or accrue further pensionable service under this Section of the scheme unless that person— (a) is on 1st April 2015 an active member of this Section of the scheme in accordance with regulation 2.B.1; or (b) returns to NHS employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply. (1F) For the purposes of paragraph (1D), a person’s eligibility cessation date is to be determined according to the formula— $$A − (2 × T)$ where— A is 1st April 2022; T is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 55.$ (1G) For the purposes of paragraphs (1C)(b) and (1E)(b), any break in service where the member was in pensionable service as defined in paragraph 3(2) of Schedule 7 to the 2013 Act is to be disregarded. (1H) Paragraph (1I) applies to a person where in the opinion of the Scottish Ministers— (a) that person was previously an active member of a corresponding 2008 scheme; (b) the regulations governing that corresponding scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act that provide for exceptions to subsection (1) of that section, and (c) pursuant to those provisions, the member would have been eligible to re-join that corresponding scheme if the member had returned to NHS employment for the purposes of that scheme on the day the member commenced NHS employment within the meaning of these Regulations. (1I) (The Scottish Ministers may permit a person referred to in paragraph (1H) to join this Section of the scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous pensionable employment under the corresponding scheme referred to in paragraph (1H) will be treated as is it were previous pensionable employment under this section of the Scheme. (1J) (Paragraph (1K) applies to a person where in the opinion of the Scottish Ministers— (a) that person was previously an active member in respect of service in an existing scheme (within the meaning of Schedule 5 to the 2013 Act); (b) that person is not receiving a pension in respect of that service on the relevant day; (c) the regulations of that existing scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act that provide for exceptions to subsection (1) of that section; (d) pursuant to those provisions, the person would have been eligible to be an active member of the existing scheme if the member had returned to employment for the purposes of that scheme on the relevant day; and (e) the member would, if the member’s previous service in the existing scheme had been previous service under this Section of the scheme, have been eligible for active membership of this Section of the scheme on the relevant day pursuant to paragraphs (1A) to (1G). (1K) The Scottish Ministers may permit a person referred to in paragraph (1J) to join this Section of the scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous service as an active member under the existing scheme referred to in paragraph (1J) will be treated as if it were previous service as an active member of this Section of the scheme. (1L) For the purposes of paragraphs (1J) and (1K) “the relevant day” is the day the member commences NHS employment for the purposes of these Regulations. (1M) A person referred to in paragraph (1C), (1E), (1I) or (1K) may elect, using a form provided by the Scottish Ministers, not to make contributions or accrue further service under this Section of the scheme in accordance with whichever of those paragraphs apply, but instead (where eligible) to become an active member of the 2015 Scheme. (1N) Such an election— (a) is irrevocable; (b) must be given to the Scottish Ministers before the date specified by the Scottish Ministers in the election form; (c) is to be treated as having been given on the date the election form is received by the Scottish Ministers. (1O) The date referred to in paragraph (1N)(b) must be a date that is at least three months later than the date on which the Scottish Ministers provided the member with an election form. (1P) An election shall be effective from the first day of the member’s pensionable employment in the 2008 Section falling on or after 1st April 2015, and from that date— (a) that member is to be treated as if that member had been an active member of the 2015 Scheme; and (b) contributions made in respect of the member in the 2008 Section shall be treated as if they had been contributions made in respect of that member in the 2015 Scheme. (1Q) The Scottish Ministers may allow a member to exercise an election after the date specified under paragraph (1N)(b) where the Scottish Ministers consider that the member has not had a reasonable opportunity to consider whether to exercise an election before that date.

Amendment of regulation 2.D.13

11

In regulation 2.D.13 of the 2013 Regulations (exceptions to requirement that NHS employment must have ceased—

• (a) in paragraph (1), after “(2)” insert “or (2A)”;

• (b) after paragraph (2), insert—

(2A) This paragraph applies if the member is in employment with an employing authority in respect of which the member is eligible to join the 2015 Scheme and that member’s service in this Section does not qualify as, or has ceased to be, pensionable service to which paragraph 1(2)(i) and (ii) or paragraph 2(i) and (ii) of Schedule 7 (final salary link) to the 2013 Act applies.

; and

• (c) for paragraph (3), substitute—

(3) In paragraph (1), “relevant service” means— (a) the pensionable service referred to in paragraph (2)(b) in respect of which the member is a deferred member; or (b) the service in this Section referred to in paragraph (2A).

Amendment of regulation 2.F.9

12

For sub-paragraph (c) of paragraph (1) of regulation 2.F.9 (procedure for applications under regulation 2.F.8), substitute—

(c) may only be made— (i) during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of this Section of the scheme and before the applicant reaches the age of 65; or (ii) where the applicant is not eligible to be an active member of this Section of the scheme and the application is made in respect of a transfer from a corresponding 2008 scheme, during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of the 2015 Scheme if on that day paragraph 2 of Schedule 7 to the 2013 Act applies to the period of service in respect of which the transfer value payment will be made;

Substitution of regulation 2.F.13

13

For regulation 2.F.13 (public sector transfer arrangements), substitute—

(2.F.13) (1) This Chapter applies to a transfer where— (a) the member is an active member of the 2015 Scheme; (b) the member makes an application under regulation 2.F.8 for a transfer value payment in respect of some or all of the rights that have accrued to or in respect of the member under— (i) an existing scheme listed in Schedule 5 to the 2013 Act; (ii) an existing public body scheme listed in Schedule 10 to that Act; (iii) another occupational pension scheme that participates in the Public Sector Transfer Club; (c) the application under regulation 2.F.8 is made within one year beginning with the day the member became eligible to be an active member of the 2015 Scheme and before the member reaches the member’s normal pension age in the 2015 Scheme; (d) the transfer value payment is made and accepted under the public sector transfer arrangements; and (e) on the day the transfer is completed, paragraph 2 of Schedule 7 to the 2013 Act applies to the period of service in respect of which the transfer value payment is made. (2) This Chapter also applies in the case of any other transfer to which the public sector transfer arrangements apply (not being a transfer referred to in paragraph (1)) as it applies in other cases, except to the extent that— (a) any provision in this Chapter provides otherwise; or (b) the arrangements themselves make different provision.

New regulation 2.J.15

14

After regulation 2.J.14 (employing authority and certain member record keeping and contribution estimates), insert—

(2.J.15) (1) The Scottish Ministers must provide a benefit information statement to each member in accordance with— (a) section 14 (information about benefits) of the 2013 Act; and (b) any Treasury directions given from time to time pursuant to that section. (2) Paragraph (1) does not provide a right for a member to request a benefit information statement. (3) The Scottish Ministers are only required to provide a member with one benefit information statement per scheme year. (4) A benefit information statement provided pursuant to paragraph (1) is to be treated as though it is the information mentioned in regulation 16(2)(a) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 for the purposes of determining whether or not information must be given under regulation 16(1) of those Regulations.

Amendment of regulation 3.B.1

15

In regulation 3.B.1 (eligibility: general)—

• (a) in paragraph (1), after “scheme” insert “on or after 1st April 2015”; and

• (b) for paragraphs (3) to (6), substitute—

(3) Condition B is that the person— (a) enters practitioner service on or after 1st April 2008 and has service (“relevant service”) as an active member of this Section of the scheme— (i) on or before 1st April 2012, or (ii) after 1st April 2012, but only where that service is pursuant to the provisions of Chapter 3.K; (b) has not had a break in service for any one period of five years or more ending in the period starting on 2nd April 2012 and finishing on 1st April 2015; and (c) meets all of the “other Section conditions” (see paragraph (5)). (4) Condition C is that the person has not reached the age of 75 and was born on or before 31st August 1960. (5) The “other Section conditions” are that— (a) the person has not received a repayment of contributions under regulation 3.C.16 in respect of relevant service; (b) the person’s rights under this Section of the scheme in respect of relevant service have not been extinguished under regulation 3.F.7; (c) the person is not entitled to a repayment of contributions under regulation 3.C.16 by virtue of paragraph (2)(a) to (c) of that regulation.

Amendment of regulation 3.B.3

16

After paragraph (1) of regulation 3.B.3 (restrictions on eligibility: general), insert—

(1A) A person who was born on or after 1st September 1960 is not eligible to be an active member of this Section of the scheme in respect of practitioner service on or after 1st April 2015. (1B) A person is not eligible to be an active member of this Section of the scheme if that person has had a break in service ending on or after 2nd April 2012, and any of the following apply— (a) that break in service is for any one period of five years or more; (b) that person receives a repayment of contributions under regulation 3.C.16 in respect of service before that break (see regulation 3.B.1(3)(a)); (c) that person becomes entitled to a repayment of contributions under regulation 3.C.16 by virtue of paragraph (2)(a) to (c) of that regulation in respect of service before that break; or (d) that person’s rights under this Section of the scheme in respect of service before that break have been extinguished under regulation 3.F.7 because a transfer value payment is made in respect of them. (1C) A person who on 1st April 2012 has attained the age of 55 may not contribute or accrue further pensionable service under this Section of the scheme unless that person— (a) is on 1st April 2015 an active member of this Section of the scheme in accordance with regulation 3.B.1; or (b) returns to NHS employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply. (1D) Paragraph (1E) applies to a person— (a) who on 1st April 2012 has attained the age of 51 years and 7 months but has not attained the age of 55; and (b) whose eligibility cessation date has not been reached (see paragraph (1F)). (1E) A person referred to in paragraph (1D) may not contribute or accrue further pensionable service under this Section of the scheme unless that person— (a) is on 1st April 2015 an active member of this Section of the scheme in accordance with regulation 3.B.1; or (b) returns to NHS employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply. (1F) For the purposes of paragraph (1D), a person’s eligibility cessation date is to be determined according to the formula— $$A − (2 × T)$ where— A is 1st April 2022; T is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 55.$ (1G) For the purposes of paragraphs (1C)(b) and (1E)(b), any break in service where the member was in pensionable service in an existing scheme (within the meaning of Schedule 5 to the 2013 Act) is to be disregarded. (1H) Paragraph (1I) applies to a person where, in the opinion of the Scottish Ministers— (a) that person was previously an active member of a corresponding 2008 scheme; (b) the regulations governing that corresponding scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act that provide for exceptions to subsection (1) of that section, and (c) pursuant to those provisions, the member would have been eligible to re-join that corresponding scheme if the member had returned to NHS employment for the purposes of that scheme on the day the member commenced NHS employment within the meaning of these Regulations. (1I) The Scottish Ministers may permit a person referred to in paragraph (1H) to join this Section of the scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous pensionable employment under the corresponding scheme referred to in paragraph (1H) will be treated as if it were previous pensionable employment under this Section of the scheme. (1J) (Paragraph (1K) applies to a person where, in the opinion of the Scottish Ministers— (a) that person was previously an active member in respect of service in an existing scheme (within the meaning of Schedule 5 to the 2013 Act); (b) that person is not receiving a pension in respect of that service on the relevant day; (c) the regulations of that existing scheme include provisions pursuant to subsection (5) of section 18 of the 2013 Act that provide for exceptions to subsection (1) of that section; (d) pursuant to those provisions, the person would have been eligible to be an active member of the existing scheme if the member had returned to employment for the purposes of that scheme on the relevant day; and (e) the member would, if the member’s previous service in the existing scheme had been previous service under this Section of the scheme, have been eligible for active membership of this Section of the scheme on the relevant day pursuant to paragraphs (1A) to (1G). (1K) The Scottish Ministers may permit a person referred to in paragraph (1J) to join this Section of the scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous service as an active member under the existing scheme referred to in paragraph (1J) will be treated as if it were previous service as an active member of this Section of the scheme. (1L) For the purposes of paragraphs (1J) and (1K), “the relevant day” is the day the member commences NHS employment for the purposes of these Regulations. (1M) A person referred to in paragraph (1C), (1E), (1I) or (1K) may elect, using a form provided by the Scottish Ministers, not to make contributions or accrue further service under this Section of the scheme in accordance with whichever of those paragraphs apply, but instead (where eligible) to become an active member of the 2015 Scheme. (1N) Such an election— (a) is irrevocable; (b) must be given to the Scottish Ministers before the date specified by them in the election form; (c) is to be treated as having been given on the date the election form is received by the Scottish Ministers. (1O) The date referred to in paragraph (1N)(b) must be a date that is at least three months later than the date on which the Scottish Ministers provided the member with an election form. (1P) An election shall be effective from the first day of the member’s pensionable employment in the 2008 Section falling on or after 1st April 2015, and from that date— (a) that member is to be treated as if that member had been an active member of the 2015 Scheme; and (b) contributions made in respect of the member in the 2008 Section shall be treated as if they had been contributions made in respect of that member in the 2015 Scheme. (1Q) The Scottish Ministers may allow a member to exercise an election after the date specified under paragraph (1N)(b) where the Scottish Ministers consider that the member has not had a reasonable opportunity to consider whether to exercise an election before that date.

New regulation 3.D.18

17

After regulation 3.D.17 , insert—

(3.D.18) (1) A member is not prevented from becoming entitled to a pension under regulation 3.D.1 in respect of pensionable service as regards which the member is a deferred member because of continuing in NHS employment if paragraph (2) applies. (2) This paragraph applies if the member— (a) is in employment with an employing authority in respect of which the member is eligible to join the 2015 Scheme; and (b) has a break of service under the 2015 Regulations that exceeds five years.

Amendment of regulation 3.F.9

18

For sub-paragraph (c) of paragraph (1) of regulation 3.F.9 (procedure for applications under regulation 3.F.8), substitute—

(c) may only be made— (i) during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of this Section of the scheme and before the applicant reaches the age of 65, or (ii) where the applicant is not eligible to be an active member of this Section of the scheme and the application is made in respect of a transfer from a corresponding 2008 scheme during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of the 2015 Scheme, if on that day paragraph 2 of Schedule 7 to the 2013 Act applies to the period of service in respect of which the transfer value payment will be made;

Substitution of regulation 3.F.13

19

For regulation 3.F.13 (public sector transfer arrangements), substitute—

(3.F.13) (1) This Chapter applies to a transfer where— (a) the member is an active member of the 2015 Scheme, (b) the member makes an application under regulation 3.F.8 for a transfer value payment in respect of some or all of the rights that have accrued to or in respect of the member under— (i) an existing scheme listed in Schedule 5 to the 2013 Act; (ii) an existing public body scheme listed in Schedule 10 to that Act; (iii) another occupational pension scheme that participates in the Public Sector Transfer Club; (c) the application under regulation 3.F.8 is made within one year beginning with the day the member became eligible to be an active member of the 2015 Scheme and before the member reaches the member’s normal pension age in the 2015 Scheme; (d) the transfer value payment is made and accepted under the public sector transfer arrangements; and (e) on the day the transfer is completed, paragraph 2 of Schedule 7 to the 2013 Act applies to the period of service in respect of which the transfer value payment is made. (2) This Chapter also applies in the case of any other transfer to which the public sector transfer arrangements apply (not being a transfer referred to in paragraph (1)) as it applies in other cases, except to the extent that— (a) any provision in this Chapter provides otherwise; or (b) the arrangements themselves make different provision.

New regulation 3.J.15

20

After regulation 3.J.14 (employing authority and certain member record keeping and contribution estimates), insert—

(3.J.15) (1) The Scottish Ministers must provide a benefit information statement to each member in accordance with— (a) section 14 (information about benefits) of the 2013 Act; and (b) any Treasury directions given from time to time pursuant to that section. (2) Paragraph (1) does not provide a right for a member to request a benefit information statement. (3) The Scottish Ministers are only required to provide a member with one benefit information statement per scheme year. (4) A benefit information statement provided pursuant to paragraph (1) is to be treated as though it is the information mentioned in regulation 16(2)(a) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 for the purposes of determining whether or not information must be given under regulation 16(1) of those Regulations.

Signed

JOHN SWINNEY — A member of the Scottish Government — 25th February 2015

We consent

DAVID EVENNETT — JOHN PENROSE — Two of the Lords Commissioners of Her Majesty’s Treasury — 2nd March 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make transitional and consequential provision in relation to the National Health Service Pension Scheme (Scotland) Regulations 2015 (“the new scheme”) for persons who have previous service under the National Health Service Pension Scheme contained in the National Health Service Superannuation Scheme (Scotland) Regulations 2011 and the National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 (“the old scheme”).

Part 1 deals with introductory matters and sets out definitions used in the Regulations.

Part 2 sets out transitional provisions by way of modification of the operation of the old scheme and the new scheme.

Chapter 1 introduces Schedule 1, which sets out when existing pensioners of the old scheme are eligible to become members of the new scheme.

Chapter 2 provides for nominations, notices and declarations given in the old scheme to have effect in the new scheme and vice versa.

Chapter 3 provides for members of the old scheme who are transferred to the new scheme to remain active members of the old scheme, and sets out when a break in service affects that continuing active membership.

Chapter 4 makes transitional provision in respect of contributions and final pay.

Chapter 5 deals with arrangements for existing contracts for additional service, unreduced lump sums and additional pension.

Chapter 6 provides for part of bulk transfer payments received into the new scheme to be paid into the old scheme in certain circumstances.

Chapter 7 makes transitional provision in respect of retirement benefits.

Chapter 8 deals with death in service benefits.

Chapter 9 provides for certain members to be able to elect to convert service under the 2011 Regulations into service under the 2013 Regulations.

Part 3 introduces Schedule 2, which makes a number of amendments to the old scheme.

Parts 1 and 2 of Schedule 2 make similar amendments in respect of both the 2011 Regulations and the 2013 Regulations. They also introduce amendments specific to either the 2011 or the 2013 Regulations.

The changes dealing with similar issues in Parts 1 and 2—

• (a) amend the provision governing participation in the old scheme so that participation is only open to those who benefit from full protection (members within 10 years of retirement age under the scheme) or who benefit from tapered protection (members more than 10 years but less than 13 years and 5 months away from retirement age under the scheme);

• (b) amend provisions of the old scheme to allow deferred benefits in the old scheme to be paid at the normal retirement age for that scheme despite the member remaining in NHS employment;

• (c) insert new provisions dealing with a member’s right to an annual benefit statement.

Amendments specific to the 2011 Regulations insert new provisions for crediting service in the 1995 Section in the 2008 Section.

Amendments specific to the 2013 Regulations—

• (a) amend the provisions relating to applications for transfers;

• (b) insert new provisions (regulation 2.F.13 and 3.F.13) making provision for transfers between schemes that participate in the Public Sector Transfer Club.

An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.

Footnotes

[^f00001]: 1972 c.11. Section 10(1) was amended by sections 57 and 58 of, and Schedule 5 to, the National Health Service Reorganisation Act 1973 (c.32) and section 4(2) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7). The functions of the Secretary of State, in or as regards Scotland, were transferred to the Scottish Ministers by virtue of S.I. 1999/1750, article 2 and Schedule 1.

[^f00002]: 2013 c.25.

[^f00003]: S.S.I. 2011/117.

[^f00004]: type=start slip=2016-06-01 time=1465469092172 S.S.I. 2013/174 type=end slip=2016-06-01 time=1465469092172.

[^f00005]: S.S.I. 2015/94.

[^f00006]: 1971 c. 56. Section 8A was inserted by paragraph 4 of Schedule 8 to the 2013 Act.

[^f00007]: S.I. 2010/772. Regulation 9 has been amended by S.I. 2013/2556.

[^f00008]: 1995 c.26.

[^f00009]: 1993 c.48.

[^f00010]: 1971 c.56.

[^f00011]: S.I. 2013/2734.

Editorial notes

[^key-bba0e218786add7293c70f2a210f098c]: Reg. 1 in force at 1.4.2015, see reg. 1(b)

[^key-a372b40cf07a0401bcfe5a1cfb1a3719]: Reg. 2 in force at 1.4.2015, see reg. 1(b)

[^key-d2a19c6ca95a161788ebbfbd240ffbbf]: Reg. 3 in force at 1.4.2015, see reg. 1(b)

[^key-462a36d1813df292f916d9d937c68a31]: Reg. 4 in force at 1.4.2015, see reg. 1(b)

[^key-0855136ec5b32bd1a6a66348ef950908]: Reg. 5 in force at 1.4.2015, see reg. 1(b)

[^key-5f92b69ff7ac1a0025189d0f21bad79c]: Reg. 6 in force at 1.4.2015, see reg. 1(b)

[^key-0f8f45596b9df2e33ddf888904d264ba]: Reg. 7 in force at 1.4.2015, see reg. 1(b)

[^key-d2beda9455bf7911ef1c9ce4f991bb4a]: Reg. 8 in force at 1.4.2015, see reg. 1(b)

[^key-770d8ea0fb9180a41b9a562830597877]: Reg. 9 in force at 1.4.2015, see reg. 1(b)

[^key-4cb343a68ac9b522abebad7b9d180e77]: Reg. 10 in force at 1.4.2015, see reg. 1(b)

[^key-eba896b9d433ddd17c930bfbd1f088d0]: Reg. 11 in force at 1.4.2015, see reg. 1(b)

[^key-4ba9d69682e257db8caea8e71560bac9]: Reg. 12 in force at 1.4.2015, see reg. 1(b)

[^key-e5560da32fc08af213541cfea30bc4ce]: Reg. 13 in force at 1.4.2015, see reg. 1(b)

[^key-1f4cbf613cf59af83a1d5bac57fe8b0e]: Reg. 14 in force at 1.4.2015, see reg. 1(b)

[^key-67cdeb4fb783b9c484d19b1a395e9ce0]: Reg. 15 in force at 1.4.2015, see reg. 1(b)

[^key-f941bfc066dbac8e432145745c9c75f6]: Reg. 16 in force at 1.4.2015, see reg. 1(b)

[^key-1b27cafadb9d56a76239c162d0fa3873]: Reg. 17 in force at 1.4.2015, see reg. 1(b)

[^key-fa5cda31ea4c481c80597c511673bec8]: Reg. 18 in force at 1.4.2015, see reg. 1(b)

[^key-1ecdf322499b99a0cbc29dfa6e9c4419]: Reg. 19 in force at 1.4.2015, see reg. 1(b)

[^key-2a351503a31c50317a8a851501e7270b]: Reg. 20 in force at 1.4.2015, see reg. 1(b)

[^key-f2d4558811ea1cca56a6e658e87077ec]: Reg. 21 in force at 1.4.2015, see reg. 1(b)

[^key-1d08eeb4eeeeeb0266749c1b93870d19]: Reg. 22 in force at 1.4.2015, see reg. 1(b)

[^key-3928f1cca652343b2a3d7f42e043482f]: Reg. 23 in force at 1.4.2015, see reg. 1(b)

[^key-73ae27e32c29e29621e86ee5a5785d0f]: Reg. 24 in force at 1.4.2015, see reg. 1(b)

[^key-800c4e3144986a6aec8e0ff44a060985]: Reg. 25 in force at 1.4.2015, see reg. 1(b)

[^key-8b1e19501a7d8b1b1e432701af06967f]: Reg. 26 in force at 1.4.2015, see reg. 1(b)

[^key-29266b1e7f554ecd8a7ae7e7ee3c21ec]: Reg. 27 in force at 1.4.2015, see reg. 1(b)

[^key-5f45e1de6c717e683a5f9d01257c1e2c]: Reg. 28 in force at 1.4.2015, see reg. 1(b)

[^key-fdeb43e0e9927d007349f4657dd4f828]: Reg. 29 in force at 1.4.2015, see reg. 1(b)

[^key-75da0688cf8ec62251e29c8bc2ae12c2]: Reg. 30 in force at 1.4.2015, see reg. 1(b)

[^key-feec4dbd166a42c11d372b5a2f7cea13]: Reg. 31 in force at 1.4.2015, see reg. 1(b)

[^key-8ec22ff8540038749936aa08590397c0]: Reg. 32 in force at 1.4.2015, see reg. 1(b)

[^key-bf4901be3eb0f83372e25ca19b7af0ae]: Reg. 33 in force at 1.4.2015, see reg. 1(b)

[^key-726cf3923961e3df9a80ba810e48cbab]: Reg. 34 in force at 1.4.2015, see reg. 1(b)

[^key-b41853bc599d353d7162f0190bf6be4b]: Reg. 35 in force at 1.4.2015, see reg. 1(b)

[^key-1b81e3be971faf3ca190af0cf12bfeda]: Reg. 36 in force at 1.4.2015, see reg. 1(b)

[^key-899cee5424e7af83d19b9dd1eb739ce5]: Reg. 38 in force at 1.4.2015, see reg. 1(b)

[^key-3aaace64c793f0a29ca15cc95f5d48a1]: Reg. 39 in force at 1.4.2015, see reg. 1(b)

[^key-fb41c904dc56238be8b2ff9bcb7b3a42]: Reg. 40 in force at 1.4.2015, see reg. 1(b)

[^key-08bc9cbd011fc6e458edf41867f19ade]: Sch. 1 para. 1 in force at 1.4.2015, see reg. 1(b)

[^key-e03e8f0d8bad238cc7490566375b1a87]: Sch. 1 para. 2 in force at 1.4.2015, see reg. 1(b)

[^key-12ea1c201eab07ccfee2737ae9589493]: Sch. 2 para. 1 in force at 1.4.2015, see reg. 1(b)

[^key-1651273d4b12cf948a68813b6a15b3f6]: Sch. 2 para. 2 in force at 1.4.2015, see reg. 1(b)

[^key-2d32a9e26768bd8bb110ebc45ef0b3bb]: Sch. 2 para. 3 in force at 1.4.2015, see reg. 1(b)

[^key-eb6ac0cf8672b5c5c10f6d21187eb1cb]: Sch. 2 para. 4 in force at 1.4.2015, see reg. 1(b)

[^key-bd96a284da7a0cc5a2a68cf0f7e23012]: Sch. 2 para. 5 in force at 1.4.2015, see reg. 1(b)

[^key-e97cb96b345ca61b414ef49e09f69502]: Sch. 2 para. 6 in force at 1.4.2015, see reg. 1(b)

[^key-9f66098137e75a0995b03957ef1d197d]: Sch. 2 para. 7 in force at 1.4.2015, see reg. 1(b)

[^key-e2435d47141209fce11ac68c3abe0733]: Sch. 2 para. 8 in force at 1.4.2015, see reg. 1(b)

[^key-22156408076813ff321a304b82232268]: Sch. 2 para. 9 in force at 1.4.2015, see reg. 1(b)

[^key-350594eede8823422667fad806b99671]: Sch. 2 para. 10 in force at 1.4.2015, see reg. 1(b)

[^key-66576a79864409e7414ad96b9adab19f]: Sch. 2 para. 11 in force at 1.4.2015, see reg. 1(b)

[^key-16c580d278faffd3a3f6945703a13e42]: Sch. 2 para. 12 in force at 1.4.2015, see reg. 1(b)

[^key-3944a03dc0632ab7d62ac7568d37cdab]: Sch. 2 para. 13 in force at 1.4.2015, see reg. 1(b)

[^key-6e06df4170ab09d181d8677ea638ce01]: Sch. 2 para. 14 in force at 1.4.2015, see reg. 1(b)

[^key-6d20fb126647fed79e2262db792d59f2]: Sch. 2 para. 15 in force at 1.4.2015, see reg. 1(b)

[^key-7010d7a893e581db6642d9ca34d89fdc]: Sch. 2 para. 16 in force at 1.4.2015, see reg. 1(b)

[^key-a53e864415cfccb676c9cdcfdf7d4d8a]: Sch. 2 para. 17 in force at 1.4.2015, see reg. 1(b)

[^key-b0891e482b459c1ce3b781d089006763]: Sch. 2 para. 18 in force at 1.4.2015, see reg. 1(b)

[^key-a4982abbbf99d4b78682404c274d6be6]: Sch. 2 para. 19 in force at 1.4.2015, see reg. 1(b)

[^key-f2706a2c7d1414ead28fef3753b054cf]: Sch. 2 para. 20 in force at 1.4.2015, see reg. 1(b)

[^key-a3fdddebf5ad75b1ac43db4b97366923]: Reg. 28(6A)-(6C) inserted (with effect from 1.4.2015) by The National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) (No. 2) Regulations 2017 (S.S.I. 2017/433), reg. 1, 17

[^key-75cc941becb95e32f295cf54ffbcfc69]: Words in reg. 38(1) substituted (with effect from 1.4.2015) by The National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/28), regs. 1(2)(3), 31(a)

[^key-f26c3955d68295eeb4f9d46b702c451e]: Words in reg. 38(1) table substituted (13.3.2017) by The National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/28), regs. 1(2), 31(b)

[^key-3b45bbd96109ce9ac16719bc6d66f712]: Reg. 10A inserted (13.3.2017) by The National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/28), regs. 1(2), 29

[^key-8b49285f96ffcf1a89afae58ce9afc59]: Reg. 18 renumbered as reg. 18(1) (31.1.2018) by virtue of The National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) (No. 2) Regulations 2017 (S.S.I. 2017/433), regs. 1(1), 16(2)

[^key-beb01f45e73e108c160dc74b9c0638ba]: Reg. 18(2)(3) inserted (31.1.2018) by The National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) (No. 2) Regulations 2017 (S.S.I. 2017/433), regs. 1(1), 16(4)

[^key-2d2ffddbf5659bc486053639b3deee01]: Words in reg. 18(1) substituted (31.1.2018) by The National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) (No. 2) Regulations 2017 (S.S.I. 2017/433), regs. 1(1), 16(3)

[^key-3d77742a0ae960490d0bcfe3fd7452f2]: Words in reg. 38 table substituted (31.1.2018) by The National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) (No. 2) Regulations 2017 (S.S.I. 2017/433), regs. 1(1), 18

[^key-f1a2a8dd2e3284ef9dd7db609c070218]: Words in reg. 5(1) table omitted (with effect from 1.4.2015) by virtue of The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/102), regs. 1(2)(3), 63(a)(i)

[^key-f336257a54e1d3993cd0280f85da1da0]: Words in reg. 5(1) table omitted (with effect from 1.4.2015) by virtue of The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/102), regs. 1(2)(3), 63(a)(ii)

[^key-d84b29cac5513d76be02894c150dbb80]: Words in reg. 5(1) table omitted (with effect from 1.4.2015) by virtue of The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/102), regs. 1(2)(3), 63(b)

[^key-e3b77a4785cc9986a43c6949bb5c7654]: Words in reg. 11(2) substituted (1.4.2022) by The National Health Service Pension Schemes (Scotland) Amendment Regulations 2022 (S.S.I. 2022/100), regs. 1(2), 5(2)(b)(i)

[^key-019114b9117544f82fb6515a186245ea]: Words in reg. 11(1) substituted (1.4.2022) by The National Health Service Pension Schemes (Scotland) Amendment Regulations 2022 (S.S.I. 2022/100), regs. 1(2), 5(2)(a)

[^key-e310ced699ee86866accefd8c08d8a11]: Words in reg. 11(2)(b) substituted (1.4.2022) by The National Health Service Pension Schemes (Scotland) Amendment Regulations 2022 (S.S.I. 2022/100), regs. 1(2), 5(2)(b)(ii)

[^key-259de2efaad8b86ea44dc4651e185740]: Words in reg. 12(1) substituted (1.4.2022) by The National Health Service Pension Schemes (Scotland) Amendment Regulations 2022 (S.S.I. 2022/100), regs. 1(2), 5(3)(a)