The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2021

JurisdictionScotland
CitationSSI 2021/102

2021 No. 102

National Health Service

The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2021

Made 22th February 2021

Laid before the Scottish Parliament 23th February 2021

Coming into force 1st April 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 10 and 12 and schedule 3 of the Superannuation Act 19721, section 1(1) and (2)(e) and paragraph 5(b) of schedule 2, and schedule 3, of the Public Service Pensions Act 20132and all other powers enabling them to do so.

In accordance with section 10(4) of the Superannuation Act 1972, the Scottish Ministers have consulted with such representatives of persons likely to be affected by these Regulations as appear to them to be appropriate.

In accordance with section 22(2)(a) of the Public Service Pensions Act 2013, the Scottish Ministers consulted the representatives of such persons as appeared to them likely to be affected by these Regulations. In accordance with section 22(2)(b) of that Act, the Scottish Ministers laid before the Scottish Parliament a report concerning the changes to members’ contribution rates under the NHS Pension Scheme (Scotland) 20153made by these Regulations.

In accordance with section 10(1) of the Superannuation Act 1972 and section 3(5) of the Public Service Pensions Act 2013, these Regulations are made with the consent of the Treasury4.

1 Introductory

PART 1

Introductory

S-1 Citation, commencement and effect

Citation, commencement and effect

1.—(1) These Regulations may be cited as the National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2021.

(2) Save as provided for by paragraphs (3) to (8), these Regulations come into force on 1 April 2021.

(3) Regulations 48 to 50, 51(2) and 63 have effect from 1 April 2015.

(4) Regulations 3(2), 5 to 7, 12, 13, 15(b), 16 to 20, 21(3), 22(3), 23 to 25, 26(2) and 28(4) have effect from 1 April 2011.

(5) Regulations 53 and 54 have effect from 1 June 2018.

(6) Regulations 32 to 34, 35(2), 39 to 41, and 42(2) have effect from 1 July 2013.

(7) Regulations 8 to 11, 14, 15(a) and (c), 21(2), 22(2), 27 and 28(3) have effect from 5 December 2005.

(8) Regulations 56 to 61 have effect from 28June 2008.

2 Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 2011

PART 2

Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 2011

S-2 General

General

2. The National Health Service Superannuation Scheme (Scotland) Regulations 20115are amended in accordance with regulations 3 to 28.

S-3 Amendment of regulation A2

Amendment of regulation A2

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

(2) At the appropriate places in the alphabetical order insert—

““scheme partner” has the meaning given in G14(7)”,

““surviving scheme partner” has the meaning given in the regulation G14(8);”.

S-4 Amendment of regulation D1

Amendment of regulation D1

4. In regulation D1 (contributions by members)—

(a) in paragraph (2)—

(i) after sub-paragraph (f)6, insert—

“(g)

“(g) for the scheme year 2021-22 is the percentage specified in column 2 of table 7 in respect of the corresponding pensionable pay band specified in column 1 of that table into which the member’s pensionable pay falls.”, and

(ii) after table 67, insert—

“Column 1

Pensionable pay band

Column 2

Contribution percentage rate

Up to £20,605

5.2%

£20,606 - £24,972

5.8%

£24,973 - £31,648

7.3%

£31,649 - £64,094

9.5%

£64,095 - £89,731

12.7%

£89,732 - £119,560

13.7%

£119,561 to any higher amount

14.7%”

(b) in paragraph (2A)8

(i) for “2020-21”, substitute “2021-22”, and

(ii) for “table 6”, substitute “table 7”, and

(c) in each of paragraphs (20), (21)(a) and (25)(b)9, for “table 6” substitute “table 7”.

S-5 Amendment of regulation F5

Amendment of regulation F5

5. In regulation F5 (payment of a lump sum), for paragraph (12) substitute—

S-12

“12 In this regulation “surviving partner” means—

(a) a surviving scheme partner; or

(b) one of the following, who survives the member—

(i) a widow;

(ii) a widower;

(iii) a civil partner.”.

S-6 Amendment of regulation G6

Amendment of regulation G6

6. In regulation G6 (widow’s pension when member marries after leaving pensionable employment), in paragraph (4)10

(a) for “nominated partner” substitute “scheme partner”,

(b) for “nominated partner’s pension” substitute “scheme partner’s pension”,

(c) for “nominated partner pension” substitute “surviving scheme partner’s pension”.

S-7 Amendment of regulation G9

Amendment of regulation G9

7. In regulation G9 (increased widower’s pension), in paragraph (4)(b)11, for “nominated partner” substitute “scheme partner”.

S-8 Amendment of regulation G10

Amendment of regulation G10

8.—(1) Regulation G10 (surviving civil partner’s pension) is amended as follows.

(2) In paragraph (2), omit “Subject to paragraph (3),”.

(3) Omit paragraphs (3), (4) and (5).

S-9 Omission of regulation G11

Omission of regulation G11

9. Omit regulation G11 (dependant surviving civil partner’s pension).

S-10 Omission of regulation G12

Omission of regulation G12

10. Omit regulation G12 (purchase of surviving civil partner’s pension in respect of service prior to 6 April 1988).

S-11 Omission of regulation G13

Omission of regulation G13

11. Omit regulation G13 (increased surviving civil partner’s pension).

S-12 Amendment of regulation G14

Amendment of regulation G14

12. For regulation G14 (surviving nominated partner’s pension), substitute—

S-G14

Surviving scheme partner’s pension

G14.—(1) This regulation applies on the death of a member, if—

(a)

(a) the member has pensionable service on or after 1st April 2011,

(b)

(b) the member dies in any of the circumstances described in regulations G2 to G6, and

(c)

(c) the member leaves a surviving scheme partner.

(2) Where this regulation applies, a surviving scheme partner is entitled to a surviving scheme partner’s pension.

(3) A surviving scheme partner’s pension is calculated and paid—

(a)

(a) in accordance with regulations G1 to G6, as they apply to pensions for widows, and

(b)

(b) excluding any part of the member’s benefit that is based on pensionable service before 6th April 1988.

(4) Paragraph 3(b) is subject to the following—

(a)

(a) if regulation G2(3) or (6) or regulation G4(2) or (3) applies to the calculation of a surviving scheme partner’s pension on a member’s death in pensionable employment or with a preserved pension—

(i) the whole of the member’s pensionable service is taken into account when calculating whether and, if so, the extent to which there would have been an increase, by the application of regulation E2(4) or regulation E3(4), in the pensionable service on which the member’s pension, under regulation E2 or regulation E3, would have been based, and

(ii) the whole period, if any, by which the member’s pension would have increased, is treated in this regulation as pensionable service after 5th April 1988 for the purpose of calculating a surviving scheme partner’s pension,

(b)

(b) if regulation G3(2) applies, so that the surviving scheme partner’s pension is equal to the member’s pension for a limited period, the surviving scheme partner’s pension for that limited period is equal to the whole of the member’s pension.

(5) If regulation G6 applies, paragraph (1) of that regulation applies as if the words “where the member and his wife were not married to each other during any period of pensionable employment” read “if Scottish Ministers are not satisfied that a member’s partner was the member’s scheme partner for a continuous period of at least two years ending on the member’s last day of pensionable service”.

(6) A reference in these Regulations to regulation G1 to G6 means, in relation to benefits in respect of a member who has a scheme partner, those regulations as applicable to the member’s surviving scheme partner.

(7) A person (“P”) is the scheme partner of a member if—

(a)

(a) the member and P are living together as if they were husband and wife or civil partners,

(b)

(b) the member and P are not prevented from marrying or entering into a civil partnership,

(c)

(c) the member and P are financially interdependent or P is financially dependent on the member, and

(d)

(d) neither the member nor P is living with a third person as if they were husband and wife or as if they were civil partners.

(8) A person is a surviving scheme partner of a member if the Scottish Ministers are satisfied that for a continuous period of at least two years, ending with the member’s death, the person was the scheme partner of that member.”.

S-13 Amendment of regulation G15

Amendment of regulation G15

13.—(1) Regulation G15 (dependent surviving nominated partner’s pension) is amended as follows.

(2) In the heading for “nominated partner’s” substitute “scheme partner’s”.

(3) For paragraph (1), substitute—

S-1

“1 A member may apply for the member’s scheme partner to receive a dependent surviving scheme partner’s pension on the member’s death.

S-1A

1A An application must—

(a) be made by the member giving notice in writing to the Scottish Ministers before leaving pensionable employment, and

(b) be in relation to a person who has been the member’s scheme partner for a continuous period of at least two years on the member’s last day of pensionable service.”.

(4) In paragraph (2) for “nominated partner” substitute “scheme partner”.

(5) For paragraph (3), substitute—

S-3

“3 If the Scottish Ministers have accepted a member’s application and the member subsequently dies before the member’s scheme partner, a scheme partner entitled to a surviving scheme partner’s pension is entitled to a dependent surviving scheme partner’s pension.”.

(6) In paragraph (4) for “nominated partner’s” substitute “scheme partner’s”.

(7) In paragraph (5) for “nominated partner’s” substitute “scheme partner’s”.

(8) In paragraph (6) for...

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