The National Health Service (Superannuation Scheme, Pension Scheme and Injury Benefits) (Scotland) Amendment Regulations 2009
| Jurisdiction | Scotland |
| Citation | SSI 2009/19 |
| Year | 2009 |
2009 No. 19
NATIONAL HEALTH SERVICE
The National Health Service (Superannuation Scheme, Pension Scheme and Injury Benefits) (Scotland) Amendment Regulations 2009
Made 21th January 2009
Laid before the Scottish Parliament 23th January 2009
Coming into force 16th February 2009
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, they 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.—(1) These Regulations may be cited as the National Health Service (Superannuation Scheme, Pension Scheme and Injury Benefits) (Scotland) Amendment Regulations 2009.
(2) These Regulations come into force on 16th February 2009 and have effect from 1st October 20083, except for the following regulations which have effect from 1st April 2008–
(a)
(a) regulation 12;
(b)
(b) regulation 14;
(c)
(c) regulation 17;
(d)
(d) regulation 22(4);
(e)
(e) regulation 27(b);
(f)
(f) regulation 28(5);
(g)
(g) regulation 32(b);
(h)
(h) regulation 33;
(i)
(i) regulation 35;
(j)
(j) regulation 40(5);
(k)
(k) regulation 46;
(l)
(l) regulation 47;
(m)
(m) regulation 56(b);
(n)
(n) regulation 58(b);
(o)
(o) regulation 61;
(p)
(p) regulation 66;
(q)
(q) regulation 67;
(r)
(r) regulation 72(5); and
(s)
(s) regulation 75(3) and (4).
PART 1
Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 1995
Interpretation of Part 1
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 19954bearing that designation.
Amendment of regulation A2
3.—(1) Regulation A2 (interpretation) is amended as follows.
(2) At the appropriate place in alphabetical order, insert–
““the 2008 scheme” means the scheme the rules of which are set out in Part 1 or 2 (whichever is applicable) of the National Health Service Pension Scheme (Scotland) Regulations 20085;
“electronic communication” has the meaning given in section 15 of the Electronic Communications Act 20006;”.
(3) In the definition of “employing authority”, omit paragraph (e).
(4) In the definition of “OOH services”, for “GMS practice to patients to whom the practice is required by its GMS contract” substitute “GMS practice, Section 17C agreement provider or an HBPMS contractor to patients to whom the practice or contractor is required by its contract or agreement”.
(5) Omit the definitions of–
(a)
(a) “pilot scheme”; and
(b)
(b) “piloted services”.
Amendment of regulation B2
4.—(1) Regulation B2 (age limits and restrictions on membership) is amended as follows.
(2) In paragraph (1)(g), for head (iii) substitute–
“(iii)
“(iii) has been a member of the 2008 scheme;”.
(3) After paragraph (1)(g) insert–
“(h)
“(h) that person–
(i) ceased to be in pensionable employment on or before 31st March 2008;
(ii) on so ceasing was entitled to a preserved pension in accordance with regulation E6;
(iii) returns to NHS employment on or after 1st October 2008 and before returning exercises the right to transfer out all of that person’s benefits in the scheme in accordance with regulation M1;
(iv) has had a break in pensionable employment for any one period of five years or more beginning with the day immediately following the cessation of employment referred to in head (i) and ending on the day immediately before the employment referred to in head (iii) commences; and
(v) is not in receipt of a pension under regulation E2 or E2A;
(i)
(i) that person–
(i) is entitled to a preserved pension in accordance with regulation E6;
(ii) returns to NHS employment on or after 1st October 2008;
(iii) has had a break in pensionable employment for any one period of five years or more beginning with the day immediately following the cessation of the pensionable employment in respect of which he is entitled to the pension referred to in paragraph (i) and ending on the day immediately before the employment referred to in paragraph (ii) commences; and
(iv) is not in receipt of a pension under regulations E2 or E2A.”.
(4) For paragraph (2) substitute–
“2 In paragraph (1)–
(a) “pensionable employment” includes employment that qualified the member for a benefit under a health service scheme; and
(b) a reference to regulations E6, E9, M1 and M2 includes the equivalent of those regulations in a health service scheme the provisions of which correspond to the provisions of the National Health Service Superannuation Scheme for Scotland as set out in these Regulations.”.
(5) For paragraph (3), substitute–
“3 The Scottish Ministers may permit a person who would otherwise not be permitted to join the scheme in accordance with paragraph (1)(e), (f), (g) and (i) to do so if–
(a) that person’s NHS employment was transferred to another employer by virtue of–
(i) a transfer of undertakings or arrangements equivalent to a transfer of undertakings; and
(ii) at no time since that transfer (or the last of them if more than one) has the person had a break in pensionable employment for any one period of five years or more; and
(b) that person’s employment is transferred to an employing authority by virtue of–
(i) a transfer of undertakings or arrangements equivalent to a transfer of undertakings, (whether or not the transferring employer is in the public sector provided that the person’s employment was originally transferred out of the public sector); and
(ii) the employment from which the member is transferred–
(aa) qualified the member for benefits under an occupational pension scheme; and
(bb) the rules of that scheme (in the opinion of the Scottish Ministers) entitle the member to receive benefits on retirement upon, or prior to, attaining the age of 60 years.”.
Amendment of regulation D1
5. In regulation D1(2) (contributions by members) after “may” insert “, with the consent of the Treasury,”.
Amendment of regulation E2B
6. For regulation E2B(2)(b) (re assessment of ill health condition determined under regulation E2A), substitute–
“(b)
“(b) the member provides further medical evidence to the Scottish Ministers relating to the satisfaction of the upper tier condition at the date of the Scottish Ministers' consideration and that further medical evidence is provided–
(i) in the case of a member who does not engage in further NHS employment during the three year period referred to in sub-paragraph (a), before the end of that period; or
(ii) in the case of a member who does engage in further NHS employment during the three year period referred to in sub-paragraph (a), before the first anniversary of the day on which that employment commences or before the end of that period if sooner;”.
Amendment of regulation E6
7. In regulation E6(14) (preserved pension), insert at the appropriate place in alphabetical order–
““NHS employment” does not include employment with an employing authority in respect of which the member is eligible to join the 2008 scheme;”.
Amendment of regulation E9
8. After regulation E9(1) (early leavers' entitlement to refund of contributions), insert–
“1A A member who wishes to take a refund of contributions must apply in writing to the Scottish Ministers.
1B An application in writing referred to in paragraph (1A) may be–
(a) made or given by means of an electronic communication that is approved by the Scottish Ministers for that purpose;
(b) given to the Scottish Ministers by a person other than the member.”.
Amendment of regulation F2
9.—(1) Regulation F2 (lump sum when member dies after pension becomes payable) is amended as follows.
(2) In paragraph (1), for “Except” substitute “Subject to paragraph (7), except”.
(3) After paragraph (6) insert–
“7 Where a member referred to in paragraph (1) has attained the age of 75 at the date of the member’s death–
(a) the lump sum referred to in that paragraph ceases to be payable; and
(b) shall instead be converted into an annual pension to be determined and paid in accordance with paragraph (8).
8 The pension referred to in paragraph (7) shall be–
(a) determined in accordance with guidance and tables provided by the scheme actuary for the purpose of converting the amount of the lump sum into an annual pension;
(b) paid to the person who would otherwise be entitled to receive the lump sum in accordance with regulation F5; and
(c) paid to that person from the day after the member’s death until the fifth anniversary of the day the member’s pension under the scheme became payable.
9 If, in accordance with regulation F5, a member has given notice that more than one person is to receive a share of the lump sum, each such person shall receive the same percentage of the annual pension as was specified for that person in the member’s notice.
10 If, in accordance with regulation F5, the annual pension is to be paid to the member’s personal representatives, they may, as part of the distribution of the member’s estate, give irrevocable notice to the Scottish Ministers–
(a) specifying–
(i) one or more individuals; or
(ii) one incorporated or unincorporated body,
to whom the benefit of the pension under this regulation from the date of receipt of the notice by the Scottish Ministers is to be assigned; and
(b) where two or more individuals...
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