The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Amendment Regulations 2004

Retirement and dependant’s pensions

9.  In Regulation 11–

(a) in paragraph (3) after “Not earlier than 3 months before” insert “ the date of”;

(b) at the end of paragraph (4) insert the words “in accordance with regulation 15(3)”;

(c) for paragraph (6) substitute–

“(6) Notwithstanding whether benefits to which a participator may be entitled under Part E of the 1995 Regulations (benefits for members) are payable, where a participator’s date of retirement falls on or after 1st November 1999 and he or she has–

(a) reached the age of 75; and

(b) failed to give a notice of election under paragraph (3) on or before the date of his or her 75th birthday,

the Scottish Ministers may realise the investments made under regulation 7(1), 8(2) or 9(4) and apply the proceeds to the purchase of a pension policy from an insurance company in order to provide such benefits as appear to them to be suitable.”;

(d) in paragraph (7)–

(i) after “participator dies before” insert “the date of his or her”;

(ii) for “paragraph 15” substitute “paragraph 19”; and

(iii) for “Schedule” substitute “Schedule 1”;

(e) at the end of paragraph (8) insert “in accordance with regulation 15(4)”.