The National Health Service Superannuation Scheme (Scotland) Regulations 2011

Further employment after a benefit is paid under regulation E3 S

E5.—(1) This regulation applies to a member who—

(a) is in receipt of an upper tier pension under regulation E3 (“the original pension”); and

(b) enters into further employment.

(2) Such a member is to be paid a lower tier pension (“a substitute pension”) in place of the original pension—

(a) from the next substitute pension payment date following the day on which the member's annual earnings from further employment (whether NHS employment or otherwise) in any tax year exceed the lower earnings limit for national insurance contributions applicable to that year; or

(b) in the case of a member who enters into further NHS employment, from the next substitute pension payment date following the first day on which the member is so employed which falls after the anniversary of the member's entry into the further NHS employment (whether or not that day is part of a continuous period of further NHS employment beginning with the member's entry into that employment), if sooner.

(3) A member who is in receipt of a substitute pension may ask the Scottish Ministers to consider reinstating the original pension if—

(a) the member is under normal benefit age;

(b) the member makes such a request in writing and provides supporting medical evidence to the Scottish Ministers before the end of the protection period; and

(c) the member's further employment is terminated before the end of the protection period.

(4) If, after considering that evidence the Scottish Ministers determine that the member again satisfies an upper tier condition in respect of the member's earlier employment, the Scottish Ministers must recommence paying, from the day after the date that the further employment is terminated, the original pension in place of the substitute pension.

(5) A member to whom this regulation applies who is in receipt of an upper tier pension must—

(a) notify the Scottish Ministers immediately and in writing if either of the following apply—

(i) the member's annual earnings in any tax year exceed the lower earnings limit for national insurance contributions applicable to that year; or

(ii) the member is engaged in further NHS employment after the end of the protection period in paragraph (6)(b); and

(b) provide any other information in connection with the member's earnings or further employment requested by the scheme administrator or any other person that the Scottish Ministers may specify.

(6) In this regulation “the protection period” means—

(a) a period of one year beginning with the day on which the member's annual earnings from further employment that is not NHS employment first exceed the lower earnings limit for national insurance contributions applicable to that year; or

(b) a period of one year beginning with the first day the member enters into further NHS employment.