[^M_F_c913630e-c04a-4b38-caa0-26bd8f5b1107]: By The National Health Service Pension Schemes (Remediable Service) (Scotland) Regulations 2023 (S.S.I. 2023/246), sch. para. 3(5)(a)(i), it is provided that (1.10.2023) in the definition of “the member’s application for ill-health pension”, the word “given” is substituted for “give”

[^M_F_40192bcb-ef73-422b-a0de-defc85ca41dd]: By The National Health Service Pension Schemes (Remediable Service) (Scotland) Regulations 2023 (S.S.I. 2023/246), sch. para. 3(5)(b), it is provided that (1.10.2023) at the end of the definition of “the member’s application for ill-health pension”, a semicolon is substituted for the full stop

[^key-222720f4f6d8d6549d2d4ec4a9f5b536]: Reg. 36A inserted (with effect from 1.4.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(2), 36

[^key-9fb18eb0bda49d5723ebf3a6426f5c84]: Words in sch. 1 para. 1 table inserted (with effect from 1.4.2023) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(7), 37

Effect of recommencing service after break

10A

(1) Paragraph (2) applies where—

(a) on the date a person other than a non-pensionable old scheme member becomes eligible to join the new scheme that person is absent from work because of illness or injury and that person’s earnings have ceased either—

(i) in the circumstances described in regulation P1 of the 2011 Regulations; or

(ii) in the circumstances described in regulation 2.A.10(7) or 3.A.8(4) of the 2013 Regulations; and

(b) on the date the person’s employment is terminated or the person dies (“the relevant date”)—

(i) that person’s earnings have not recommenced; and

(ii) for the purposes of the new scheme, that person’s pensionable earnings are zero.

(2) Where paragraph (1) is satisfied, if the earnings of a person referred to in that paragraph had recommenced at the relevant date the scheme manager may determine that the person would have become entitled to either—

(a) the benefit set out at paragraph (4)(b) of regulation 28 (ill health benefits: members below normal pension age) where that person’s employment is terminated; or

(b) one or more of the benefits set out at regulation 38 (death in service) where that person dies.

(3) Where the scheme manager does so determine, for the purposes of calculating the benefits referred to in paragraph (2)—

(a) the person is treated as if they were in pensionable service on their last day of NHS employment, and

(b) contributions in respect of that day are deemed to have been paid.

Final salary link: non-pensionable old scheme members

17A

(1) This regulation applies if benefits under the old scheme payable to or in respect of a non-pensionable old scheme member are to be calculated by reference to that member’s final salary as determined in accordance with Schedule 7 to the 2013 Act (“the member’s final salary link”).

(2) Where this regulation applies, the benefits under the old scheme payable to or in respect of the member may be calculated without reference to the member’s final salary link if it would be more beneficial to the member or other beneficiary to do so.

Uprating of old scheme practitioner earnings

Flexibility earnings credit : calculation

Flexibility earnings credit : uprating

Flexibility earnings credit : adjustment of pension payable

Variations to lump sums for 1995 and 2008 pensioners joining new scheme (pensioners who have taken a partial retirement pension)

35A

(1) This regulation applies to persons falling in Groups 1 to 4, 6, 7, 9 and 10 in the table at paragraph 1 of Schedule 1 and Groups 1 to 4, 6 and 7 in the table at paragraph 2 of Schedule 1 who have taken a partial retirement pension.

(2) Where this regulation applies the lump sum payable on the death of an active member in place of any lump sum otherwise payable in respect of that member under regulation 111(a) of the 2015 Regulations and regulation 2.E.19(2)(a) or regulation 3.D.18(2)(a) of the 2013 Regulations are the lump sums found under—

(a) paragraph (3), if the member is not a non-pensionable old scheme member and has taken an old scheme partial retirement pension but has not taken a new scheme partial retirement pension,

(b) paragraph (4), if the member is a non-pensionable old scheme member and has taken an old scheme partial retirement pension but has not taken a new scheme partial retirement pension,

(3) Where paragraph (2)(a) applies, the lump sum is an amount equal to the appropriate fraction of an amount that is the greater of—

(a) twice the member’s relevant earnings calculated in accordance with paragraph 7(2)(a)(i) of Schedule 12 to the 2015 Regulations (death of a partial retirement pensioner), and

(b) twice the member’s re-valued pensionable earnings for the scheme year falling in the earnings reference period which has the largest re-valued pensionable earnings calculated in accordance with paragraph 7(2)(a)(ii) of Schedule 12 to the 2015 Regulations (lump sum on death).

(4) Where paragraph (2)(b) applies, the lump sum is an amount equal to the appropriate fraction of either—

(a) the lump sum on death found in column 2 of Part 1 of Table 2 (non-pensionable old scheme member entitlements) in regulation 38(1A) (death in service) if the member is a non-pensionable 1995 Section member, or

(b) the lump sum on death found in column 2 of Part 2 of that Table if the member is a non-pensionable 2008 Section member

(5) Where paragraph (2)(c) applies, the lump sum is an amount determined by the scheme manager after taking advice from the scheme actuary.

(6) In this regulation—

“appropriate fraction” means—$DPSTDPS$where—DPS is, where the member continues in pensionable service as an active member of the 2015 Scheme on the option day (or the last such option day if the option has been exercised more than once), the total number of days of pensionable service in that Scheme and this Section of the scheme which do not relate to the specified percentage of pension at the option day, andTDPS is the aggregate of DPS and the total number of days of pensionable service (at the option day or the last such option day if the option has been exercised more than once) which relate to the specified percentage of pension payable,

“old scheme partial retirement pension” means a pension under—regulation E11A of the 2011 Regulations, orregulation 2.D.5 or 3.D.5 of the 2013 Regulations (whichever applies),

“option day” has the meaning given in—regulation E11A(11) of the 2011 Regulations in the case of a member who has taken a partial retirement pension under that regulation,regulation 2.D.5(8) of the 2013 Regulations in the case of a member who has taken a partial retirement pension under that regulation, andregulation 3.D.5(7)(b)(ii) of the 2013 Regulations in the case of a member who has taken a partial retirement pension under that regulation, and

“specified percentage of pension” has the meaning given in—paragraph (4) of regulation E11A of the 2011 Regulations in the case of a member who has taken a partial retirement pension under that regulation,paragraph (4) of regulation 2.D.5 of the 2013 Regulations in the case of a member who has taken a partial retirement pension under that regulation, andparagraph (3) of regulation 3.D.5 of the 2013 Regulations in the case of a member who has taken a partial retirement pension under that regulation.

Abatement

Abatement : special classes

Entitlement to additional retirement benefits

36A

(1) This regulation applies to or in respect of a member of the old scheme (M) who—

(a) became an active member of the 2008 Section pursuant to regulation 2.B.5 or 3.B.5 of the 2013 Regulations (joining this section of the scheme) for the first time on 1 April 2012, and

(b) was born on or before 31 August 1960.

(2) Where, on the coming into force of regulations 12 and 18 of the National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (amendment of regulations 2.B.1 and 3.B.1 of the 2013 Regulations (eligibility: general)) the aggregate of the benefits that have been paid or would have become payable (but for the application of regulation 12 or 18) under the 2008 Section to any person (“the beneficiary”) in respect of, or associated with M’s pensionable service for the period beginning with 1 April 2015 and ending with 31 March 2022 exceeds the aggregate of the benefits to which the beneficiary is entitled or becomes entitled under the new scheme in respect of, or associated with M’s pensionable service for that period, the scheme manager of the new scheme must pay an amount equal to the difference to the beneficiary or if the beneficiary is deceased, that beneficiary’s personal representatives.

Abatement : special classes

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

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