The National Health Service Superannuation Scheme (Scotland) Regulations 2011

Former members of health service schemes S

R7.—(1) For the purposes of these Regulations, “ health service scheme” means—

(a) a superannuation scheme provided under the regulations made under section 10 of the Superannuation Act 1972 M1 and for the time being in force in relation to England and Wales, or

(b) a superannuation scheme provided under regulations for the time being in force under Article 12 of the Superannuation (Northern Ireland) Order 1972 M2 F1 ... , or

[F2 (ba) in the case of a member whose pensionable employment commenced on or before 31st March 2012, a superannuation scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald), or]

(c) any other occupational pension scheme approved for this purpose by the Scottish Ministers.

(2) A member who leaves employment in respect of which the member qualified for benefit under a health service scheme and who joins this Section of the scheme may, subject to paragraphs (3) and (4), require the Scottish Ministers to credit the member with a period of service (together with the rights attaching to that service) under this Section of the scheme calculated as if—

(a) the employment to which the health service scheme applied were NHS employment, and

(b) the member's contributions to the health service scheme were contributions to this Section of the scheme.

(3) The member may exercise this right only if a transfer payment is made from the health service scheme to this Section of the scheme.

(4) A member who wishes to exercise this right must do so by making application in writing to the Scottish Ministers F3 ... .

(5) A member who leaves employment to which a health service scheme applied without becoming entitled to any benefits other than a refund of contributions may buy additional service as described in regulation Q1 (right to buy additional service) and regulations Q3 and Q5(9) will apply, as the case may be, as if the previous service under a health service scheme were previous pensionable service under this Section of this scheme.

[F4 (6) Subject to paragraphs (8) and (9), a member who leaves employment in respect of which the member qualified for benefit under a health service scheme and who joins the 2015 Scheme may, by notice in writing, require the Scottish Ministers to credit the member with a relevant period of pensionable service (together with the rights attaching to that service) under this Section of the scheme.

(7) That relevant period of pensionable service is calculated as if—

(a) the employment to which the health service scheme applied were NHS employment; and

(b) the member’s contributions to that health service scheme were contributions to this Section of the scheme.

(8) The member may only exercise the right referred to in paragraph (6) if—

(a) a transfer payment is made from the health service scheme to this Section of the scheme; and

(b) on the day the member becomes an active member of the 2015 Scheme, paragraph 2 of Schedule 7 to the 2013 Act [F5 or paragraph 2 of schedule 7 of the Public Service Pensions Act (Northern Ireland) 2014] applies to the period of service in respect of which that transfer value payment is made.

(9) A notice referred to in paragraph (6) must be addressed to the Scottish Ministers and given within 1 year after joining the 2015 Scheme.]

Textual Amendments

F1 Words in reg. R7(1)(b) omitted (with effect in accordance with reg. 1(9) of the amending S.S.I.) by virtue of The National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations 2012 (S.S.I. 2012/163), regs. 1(2), 5(a) (with reg. 30)

F2 Reg. R7(1)(ba) inserted (with effect in accordance with reg. 1(9) of the amending S.S.I.) by The National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations 2012 (S.S.I. 2012/163), regs. 1(2), 5(b) (with reg. 30)

F3 Words in reg. R7(4) omitted (28.6.2014) by virtue of The National Health Service Superannuation Scheme (Scotland) (Miscellaneous Amendments) Regulations 2014 (S.S.I. 2014/154), regs. 1(2), 10

F4 Reg. R7(6)-(9) added (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/95), reg. 1(b), sch. 2 para. 5

F5 Words in reg. R7(8)(b) inserted (with effect in accordance with reg. 1(2)(c) of the amending S.S.I.) by The National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/27), regs. 1(1), 12 (with reg. 53)

Marginal Citations

M1 1972 c.11; section 10(1)(a) was amended by the National Health Service (Scotland) Act 1972 (c.58), Schedule 7, Part II, and section 10(2A) and (3A) and (6) were inserted and section 10(1) amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7), sections 4(2) and 8(5).

M2 S.I. 1972/1073 (N.I.10).