The National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010
| Jurisdiction | Scotland |
| Citation | SSI 2010/22 |
2010 No. 22
National Health Service
The National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010
Made 27th January 2010
Laid before the Scottish Parliament 28th January 2010
Coming into force in accordance with regulation 1
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 19721, and 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 Treasury2.
In accordance with section 10(4) of that Act, the Scottish Ministers have consulted with representatives of persons likely to be affected by these Regulations as appear to them to be appropriate.
PART 1
INTRODUCTORY
Citation, commencement and effect
1.—(1) These Regulations may be cited as the National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010.
(2) These Regulations come into force on 26th February 2010 and, except as provided in paragraphs (3) and (4), have effect from that date.
(3) The following regulations have effect from 1st April 20083:—
(a)
(a) regulation 6;
(b)
(b) regulation 7;
(c)
(c) regulation 16(4) insofar as it relates to regulation 2.A.10(12)(a) of the National Health Service Pension Scheme (Scotland) Regulations 20084;
(d)
(d) regulation 19;
(e)
(e) regulation 20;
(f)
(f) regulation 21;
(g)
(g) regulation 31(4);
(h)
(h) regulation 59;
(i)
(i) regulation 60;
(j)
(j) regulation 66
(k)
(k) regulation 104; and
(l)
(l) regulation 105.
(4) Regulation 32(2) has effect from 1st July 2009.
(5) The following regulations have effect from 1st October 2009:—
(a)
(a) regulation 9;
(b)
(b) regulation 31(5);
(c)
(c) regulation 35;
(d)
(d) regulation 52;
(e)
(e) regulation 94;
(f)
(f) regulation 95;
(g)
(g) regulation 96;
(h)
(h) regulation 98;
(i)
(i) regulation 99;
(j)
(j) regulation 100; and
(k)
(k) regulation 101.
PART 2
AMENDMENT OF THE NATIONAL HEALTH SERVICE SUPERANNUATION SCHEME (SCOTLAND) REGULATIONS 1995
Interpretation of Part 2
2. In this Part an alphanumerical reference to a regulation or a reference to a Schedule is a reference to a provision of the National Health Service Superannuation Scheme (Scotland) Regulations 19955bearing that designation except where the contrary is indicated.
Amendment of regulation A2
3. In regulation A2 (interpretation)—
(a) at the end of paragraph (2)(b) after “these Regulations” insert “and the National Health Service Pension Scheme (Scotland) Regulations 2008; ”; and
(b) in paragraph (4) in the definition of “the 2008 Scheme” for “means the scheme” substitute “means the Section of the scheme.”
Amendment of regulation E2B
4. In regulation E2B(2) (re-assessment of ill health condition determined under regulation E2A)—
(a) at the end of sub-paragraph (c) omit “and”;
(b) at the end of sub-paragraph (d) insert—
“; and
(e)
(e) the member is not a 2008 Section Optant within the meaning of regulation 2.K.1 or 3.K.1 of the 2008 Regulations who has become entitled to an upper tier ill health pension under regulation 2.D.8 or 3.D.7 of that Section.”.
Amendment of regulation G3
5. For regulation G3(3) (widow’s pension when member dies after pension becomes payable) substitute—
“3 For the purpose of paragraph (2) no account is to be taken of any reduction to the member’s pension under regulation S2 (reduction of pension on return to NHS employment) unless—
(a) the member is a 2008 Section Optant within the meaning of regulation 2.K.1 or regulation 3.K.1 of the 2008 Regulations; and
(b) on the date of the member’s death the member is an active or non-contributing member of that Section.”.
Amendment of regulation G14
6. In regulation G14(1) (surviving nominated partner’s pension) for “who has pensionable service” substitute “whose pensionable employment ceases”.
Amendment of regulation H3
7. In regulation H3(2A)(b) (child allowance when member dies in pensionable employment) omit “the member’s”.
Amendment of regulation H4
8. For regulation H4(2) (child allowance when member dies after pension becomes payable) substitute—
“2 Subject to paragraphs (2A) and (8)—
(a) the allowance will be calculated as described in whichever of paragraphs (3) or (4) apply; and
(b) where the member was, on the date of the member’s death—
(i) not a 2008 Section Optant within the meaning of regulation 2.K.1 (application of chapter 2.K) or regulation 3.K.1 (application of chapter 3.K) of the 2008 Regulations whose pensionable service—
(aa) equalled, or exceeded, 10 years, as a proportion of the amount of the member’s pension based on that service;
(bb) was less than 10 years, as a proportion of the amount of that the member’s pension would have been if it had been based on 10 years pensionable service;
(ii) a 2008 Section Optant, as a proportion of the amount of the member’s pension.”.
Amendment of Schedule 1
9.—(1) Schedule 1 (medical and dental practitioners) shall be amended as follows.
(2) In paragraph 9 (officer service treated as practitioner service)—
(a)
(a) in sub-paragraph (1) omit “principal” where it twice occurs;
(b)
(b) in sub-paragraph (3)(a) omit “principal”;
(c)
(c) in sub-paragraph (3)(b) omit “ principal”;
(d)
(d) in sub-paragraph (5A)(a) omit “principal”;
(e)
(e) after sub-paragraph (5B), insert—
“5C If—
(a) any part of the period of a member’s officer service is treated as practitioner service for the purposes of sub-paragraph (1) or (5A) (“the converted service”); and
(b) any part of the converted service has been credited to the member as a result of a transfer-in under regulation N2 or N3 (but not regulation R7(2)) “the converted service credit”,
the amount of pensionable pay deemed to be received in respect of the converted service credit will be calculated in accordance with paragraph 20 of this Schedule.”; and
(f)
(f) in sub-paragraph (8) for “been a principal practitioner,” substitute “officer service before first becoming a practitioner”.
(3) In paragraph 9B (practitioners with benefits from both practitioner and officer service) after sub-paragraph (5) insert—
“6 Where—
(a) a member who, before commencing his or her final period of practitioner service, has service as an officer (whether that service as an officer consists of a separate period of such service or two or more such periods);
(b) that officer service is preceded by an earlier period of practitioner service; and
(c) some or all of the officer service is not concurrent with the practitioner service,
sub-paragraph (7) applies.
7 If it would be more favourable, a member referred to in sub-paragraph (6)(a) is entitled to receive a separate pension and retirement lump sum for such part of that officer service that is not concurrent with the member’s final period of practitioner service.
8 The amounts of the pension and retirement lump sum referred to in sub-paragraph (7) are subject to a 1.5% increase for each whole year or part of a year within the increment period and that increase shall—
(a) be applied in like manner and at the same intervals as an increase applied to a pension under the Pensions (Increase) Act 1971; and
(c) be effective immediately before the pension and lump sum become payable under these Regulations.
9 The increment period referred to in sub-paragraph (8) shall—
(a) begin with the day immediately following the day on which the officer service referred to in sub-paragraph (7) ceased for the last time; and
(b) end with the day immediately before the pension and retirement lump sum become payable under these Regulations.”.
Schedule 1 of these Regulations
10. Schedule 1 of these Regulations shall have effect.
PART 3
AMENDMENT OF THE NATIONAL HEALTH SERVICE PENSION SCHEME (SCOTLAND) REGULATIONS 2008
Interpretation of Part 3
11. In this Part an alphanumerical reference to a regulation is a reference to a provision of the National Health Service Pension Scheme (Scotland) Regulations 20086bearing that designation.
Amendment of regulation 1.B.3
12. In regulation 1.B.3(1) and (3) (provision of information for tax purposes) for “these Regulations” substitute “this section of the scheme”.
Amendment of regulation 2.A.1
13. Regulation 2.A.1 (interpretation: general) is amended as follows—
(a) at the appropriate place in the alphabetical order insert—
(i) “2008 Section Optant” has the meaning given in regulation 2.K.1”;
(ii) “the 1995 Section” means the section of the National Health Service Pension scheme for Scotland set out in the National Health Service Superannuation scheme (Scotland) Regulations 1995;
(b) omit the definition of “the NHS superannuation scheme for Scotland 1995”; and
(c) for the definition of “the scheme” substitute—
““the scheme” means the National Health Service Pension Scheme for Scotland;”.
Amendment of regulation 2.A.2
14. In regulation 2.A.2(1) (meaning of “pensionable service”)—
(a) at the end of sub-paragraph (b) omit “and”; and
(b) after sub-paragraph (c) insert—
“; and
(d)
(d) any period of pensionable service the member is entitled to count under Chapter 2.K.”.
Amendment of regulation 2.A.5
15. In regulation 2.A.5(1) (meaning of “qualifying service”)...
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