EXTENDED by
The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 2008 (Executive Note)

The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 2008

Scottish Statutory Instruments

2008 No. 226

NATIONAL HEALTH SERVICE

The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 2008

Made

4th June 2008

Laid before the Scottish Parliament

5th June 2008

Coming into force

28th June 2008

The Scottish Ministers make the following Regulations, in exercise of the powers conferred by sections 10 and 12 of, and Schedule 3 to, the Superannuation Act 1972(1), and of all other powers enabling them to do so.

In accordance with section 10(1) of that Act, these Regulations are made with the consent of the Treasury(2).

In accordance with section 10(4) of that Act, the Scottish Ministers have consulted with such representatives of persons likely to be affected by these Regulations as appear to them to be appropriate.

Citation, commencement and effect

1.  These Regulations may be cited as the National Health Service Superannuation Scheme (Scotland) Amendment Regulations 2008 and come into force on 28th June 2008 but have effect from 1st April 2008(3).

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

2.  The National Health Service Superannuation Scheme (Scotland) Regulations 1995(4) are amended in accordance with regulations 3 to 64 of these Regulations.

Amendment of regulation A2

3.—(1) Regulation A2(4) (interpretation) is amended as follows.

(2) Insert the following definitions in the appropriate place in alphabetical order–““scheme year”A period of one year beginning on 1st April and ending on 31st March;”;““section 9(2B) rights”The same meaning as it has in the Occupational Pension Schemes (Contracting-out) Regulations 1996(5);”; and““tax year”Any year beginning on 6th April and ending on 5th April the following year;”.

(3) For the meaning of “final year’s pensionable pay” substitute “The meaning given in regulation C1”.

Replacement of regulation B2

4.  For regulation B2 (age limits and restrictions on membership) substitute–

“Age limits and restrictions on membership

B2.—(1) A person is not eligible to join the scheme if–

(a)

that person is–

(i)

under the age of 16;

(ii)

over the age of 75; or

(iii)

over the age of 70 on or before 31st March 2008;

(b)

that person is a special class officer over the age of 65;

(c)

that person is an officer in “contributory service” under the Teachers' Superannuation (Scotland) Regulations 2005(6) in any hospital vested in the Scottish Ministers;

(d)

that person holds an honorary appointment and does not at the same time hold any other employment which entitles him to join the scheme;

(e)

that person, on or after 1st April 2008, enters NHS employment for the first time and has not previously been a member of the scheme;

(f)

that person, on or after 1st April 2008, returns to NHS employment and was entitled to a refund of contributions under regulation E9 (early leavers' entitlement to refund of contribution) when he last left employment, unless paragraph (4), but not paragraph (5), of regulation L1 (treatment of pensionable service of early leavers returning to pensionable employment) applies to that person;

(g)

that person–

(i)

leaves pensionable employment on, or after, 1st April 2008; and

(ii)

before returning to NHS employment, exercises his right to transfer out all of his benefits in the scheme in accordance with regulation M1 (member’s right to transfer or buy-out) or M2 (exercising a right to transfer or buy-out); or

(iii)

that person has been a member of the National Health Service Pension Scheme whose membership was determined by the National Health Service Pension Scheme Regulations 2008(7).

(2) In paragraph (1), “pensionable employment” includes employment that qualified the member for a benefit under a health service scheme.

(3) The Scottish Ministers may permit a person who would otherwise not be eligible to join the scheme in accordance with paragraph (1)(f) to (h) to do so if–

(a)

that person’s employment is transferred to an employing authority by virtue of a transfer of undertakings or by virtue of arrangements equivalent to a transfer of undertakings (whether or not the transferring employer is in the public sector provided that person’s employme...

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