The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2022
| Jurisdiction | Scotland |
| Citation | SSI 2022/117 |
| Year | 2022 |
2022 No. 117
National Health Service
The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2022
Made 25th March 2022
Laid before the Scottish Parliament 25th March 2022
Coming into force in accordance with regulation 1(2) and (3)
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, sections 1(1) and (2)(e), 2(1) and 3(1) to 3(3) of, 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.
PART 1
Introductory
Citation and commencement
1.—(1) These Regulations may be cited as the National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2022.
(2) Save as provided for by paragraph (3), these Regulations come into force on 1 April 2022.
(3) Regulations 2 to 5 come into force immediately after the expiry of section 46 of the Coronavirus Act 20205.
PART 2
Modifications of restrictions on return to work
Duration of modifications in this Part
2. The modifications in this Part apply until the end of 31 October 2022.
Modifications of the National Health Service Superannuation Scheme (Scotland) Regulations 2011
3. The National Health Service Superannuation Scheme (Scotland) Regulations 20116have effect as if—
(a) regulation S1 (suspension of pension on return to NHS employment) were omitted, and
(b) in the opening words of regulation S2(4) (reduction of pension on return to NHS employment) the words “or (c)” were omitted.
Modifications of the National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013
4. The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 20137have effect as if the following regulations were omitted—
(a) regulation 2.D.6(2)(a) (abatement of pension following increase in pensionable pay), and
(b) regulation 3.D.6(2)(a) (abatement of pension following increase in engagement in employment).
Modifications of the National Health Service Pension Scheme (Scotland) Regulations 2015
5. The National Health Service Pension Scheme (Scotland) Regulations 20158have effect as if regulation 85(3) (abatement of pension following continuation of employment) were omitted.
PART 3
Amendment of the National Health Service Pension Scheme (Scotland) Regulations 2015
6. The National Health Service Pension Scheme (Scotland) Regulations 2015 are amended in accordance with regulations 7 and 8.
Amendment of regulation 30
7. In regulation 30 (members’ contributions: employees)—
(a) after sub-paragraph (g)9, insert—
“
(h)
(h) from 1 April 2022 is the percentage specified in column 2 of Table 8 below in respect of the corresponding pensionable earnings band specified in column 1 into which M’s pensionable earnings fall,
”, and
(b) after table 710, insert—
“
Table 8
|
Column 1 Pensionable earnings band |
Column 2 Contribution percentage rate |
Up to £21,614 |
5.2% |
£21,615 - £25,981 |
5.8% |
£25,982 - £32,914 |
7.3% |
£32,915 - £66,017 |
9.5% |
£66,018 - £92,423 |
12.7% |
£92,424 - £123,147 |
13.7% |
£123,148 to any higher amount |
14.7% |
”
Amendment of regulation 31
8. In regulation 31 (members’ contributions: practitioners and non-GP providers)—
(a) in paragraph (3), after sub-paragraph (g)11, insert—
“
(h)
(h) from 1 April 2022 is the percentage specified in column 2 of Table 8 in paragraph (9) in respect of the corresponding pensionable earnings band specified in column 1 into which M’s pensionable earnings fall.
”, and
(b) in paragraph (9), after table 712insert—
“
Table 8
|
Column 1 Pensionable earnings band |
Column 2 Contribution percentage rate |
Up to £21,614 |
5.2% |
£21,615 - £25,981 |
5.8% |
£25,982 - £32,914 |
7.3% |
... |
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