The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003
| Jurisdiction | Scotland |
| Citation | SSI 2003/344 |
| Year | 2003 |
2003 No. 344
NATIONAL HEALTH SERVICE
The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003
Made 30th June 2003
Laid before the Scottish Parliament 3rd July 2003
Coming into force 30th September 2003
The Scottish Ministers, in exercise of the powers conferred by section 24(1), (3) and (4) of, and paragraphs 8, 9 and 13 of Schedule 3 to, the Superannuation Act 19721and of all other powers enabling them in that behalf hereby make the following Regulations:
Citation, commencement and extent
1.—(1) These Regulations may be cited as the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003 and shall come into force on 30th September 2003.
(2) These Regulations extend to Scotland only.
Interpretation
2.—(1) In these Regulations–
“additional period of service” means a period of service calculated in accordance with regulation 5;
“early retirement regulations” means any regulations made under section 34A of the National Health Service (Scotland) Act 19722, section 260 of the Local Government Act 19723, article 19 of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 19724or article 3 of the Superannuation (Northern Ireland) Order 19735;
“employing authority” means–
(a) a Health Board, Special Health Board, or the Common Services Agency for the Scottish Health Service established under section 2 and section 10 of the National Health Service (Scotland) Act 19786;
(b) a National Health Service Trust established under section 12A of the National Health Service (Scotland) Act 19787;
(c) the Mental Welfare Commission established under section 2 of the Mental Health (Scotland) Act 19848; or
(d) any other body that is constituted under an Act relating to health services and which the Scottish Ministers agree to treat as an employing authority for the purposes of the scheme;
“entitled officer” means a person to whom these Regulations apply in accordance with regulation 3;
“local authority” has the same meaning as in section 235(1) of the Local Government (Scotland) Act 19739;
“local government compensation regulations” means any regulations made under section 219 of the Local Government (Scotland) Act 1973 or section 24 of the Superannuation Act 1972 in relation to local government service and the corresponding provisions in force in England and Wales, Northern Ireland and the Isle of Man;
“the material date”, in relation to an entitled officer, means the date on which that person became an entitled officer;
“officer” has the same meaning as in the Superannuation Scheme Regulations except that it shall not include a practitioner as defined in regulation A2 (interpretation) of the Superannuation Scheme Regulations10, other than a dental practitioner who satisfies the conditions set out in regulation E311of the Superannuation Scheme Regulations (early retirement pension (redundancy etc.)).
“the Superannuation Scheme Regulations” means the National Health Service Superannuation Scheme (Scotland) Regulations 199512;
“the 1980 Regulations” means the National Health Service (Superannuation) (Scotland) Regulations 198013;
“pensionable employment”, in relation to an entitled officer, has the meaning given by regulation A2 of the Superannuation Scheme Regulations;
“pensionable service”, in relation to an entitled officer, has the meaning given by regulation A2 of the Superannuation Scheme Regulations;
“previous Compensation Regulations” means the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 198114;
(2) In these Regulations, unless the context otherwise requires–
(a)
(a) any reference to a numbered regulation or Schedule is a reference to the regulation or, as the case may be, Schedule bearing that number in these Regulations; and
(b)
(b) any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph bearing that number in that regulation, or as the case may be, that Schedule.
Persons to whom the Regulations apply
3. These Regulations shall apply to an officer who on ceasing to be employed in the employment of an employing authority becomes entitled to benefits in accordance with regulation E3 of the Superannuation Scheme Regulations (early retirement pension (redundancy etc)).
Payment of compensation
4.—(1) Subject to the provisions of these Regulations, an entitled officer shall be entitled, with effect from the material date, to receive from the Scottish Ministers compensation in accordance with paragraph (2) and, where the entitled officer is also entitled to a lump sum under regulation E7 of the Superannuation Scheme Regulations (lump sum on retirement), paragraph (3).
(2) The compensation payable in accordance with this paragraph shall consist of an annual allowance at a rate equal to the rate by which that pension would be increased in accordance with the Superannuation Scheme Regulations if a period equal to the period with which the entitled officer is credited under regulation 5 were added to the pensionable service in respect of which that pension is payable.
(3) The compensation payable in accordance with this paragraph shall consist of a lump sum equal to the amount by which the lump sum payable under regulation E7 of the Superannuation Scheme Regulations would be increased in accordance with those Regulations if a period equal to the period with which the entitled officer is credited under regulation 5 were added to the pensionable service in respect of which that lump sum is payable.
Crediting of additional period of service
5.—(1) Subject to paragraphs (2), (3), (5), (7) and (8), for the purpose of calculating the amount of the annual allowance payable in accordance with regulation 4(2) and, where applicable, the amount of the lump sum payable in accordance with regulation 4(3)–
(a)
(a) where the total amount of–
(i) an entitled officer’s pensionable service, including any service to which regulation R4(3) of the Superannuation Scheme Regulations (members doing more than one job) applies; and
(ii) any relevant optant service,
is not more than 10 years, the entitled officer shall be credited with an additional period of service equal to the aggregate of such pensionable service and any such relevant optant service; or
(b)
(b) where the total amount of–
(i) an entitled officer’s pensionable service, including any service to which regulation R4(3) of the Superannuation Scheme Regulations applies; and
(ii) any relevant optant service,
is more than 10 years, the entitled officer shall be credited with an additional period of service of 10 years.
(2) The period of additional service credited to an entitled officer shall not exceed the amount necessary to make his or her total pensionable service reach–
(a)
(a) 40 years; or
(b)
(b) the maximum length of pensionable service the entitled officer would have been able to accrue had he or she remained in pensionable employment until retirement age,
whichever is the lesser.
(3) In determining the additional period of service to be credited to a mental health officer under paragraphs (1) and (7), no account shall be taken of the provisions in regulation R3(5) of the Superannuation Scheme Regulations (mental health officer – doubling of pensionable service).
(4) For the purposes of paragraphs (1) to (3) above–
(a)
(a) “relevant optant service” means–
(i) service in respect of which an entitled officer was subject to regulation 50 of the 1980 Regulations (persons subject to non-statutory superannuation schemes and arrangements) and which terminated within the 12 months immediately before the beginning of the entitled officer’s pensionable service; and
(ii) in the case of a person who became an officer in the circumstances described in regulation 2(2) of the 1980 Regulations (interpretation), any service accrued in the employment of a local authority by virtue of which the person was, immediately before becoming an officer, a member of such a scheme as is referred to in regulation 50 of those Regulations;
(b)
(b) “retirement age” means, in relation to an entitled officer, the age at which, under any written condition of employment, the entitled officer may be required to retire or, if there is no such condition, the age of 65.
(5) Where–
(a)
(a) an entitled officer has received–
(i) a redundancy payment under the Employment Rights Act 199615; or
(ii) a corresponding payment under the arrangements of the Whitley Councils for the Health Services of Great Britain; or
(iii) a payment made by virtue of any arrangement made pursuant to paragraph 20(2) of Schedule 7A to the National Health Service (Scotland) Act 197816(National Health Service Trusts – general powers),
in respect of the cessation of the employment referred to in regulation 3; and
(b)
(b) that payment has not been reduced to take account of any additional period of service with which the officer may have been credited under paragraph (1),
any such additional period of service under paragraph (1) shall not exceed 6 years and 243 days.
(6) For the purposes of this regulation, where the pensionable service of an entitled officer consists of or includes pensionable service in part-time employment, such service shall count at its full length.
(7) Where the pensionable service of an entitled officer includes service in the employment of an employing authority before 4th November 1980, that officer shall be entitled to an additional period of service calculated in accordance with the provisions of regulation 5(1) (persons who became entitled officers between 2nd December 1976 and 3rd November 1980) and regulation 5(4) (service before 4th November 1980) of the previous Compensation Regulations if such a calculation would place that entitled officer in a better position than he or...
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