The National Health Service Superannuation Scheme (Scotland) Regulations 2011 No. 117

PART V S PENSION SHARING ON DIVORCE OR NULLITY OF MARRIAGE OR ON DISSOLUTION OR NULLITY OF A CIVIL PARTNERSHIP

PRELIMINARY PROVISIONS S

MODE OF DISCHARGE AND “IMPLEMENTATION PERIOD” S

Discharge of pension credit liability S

V7.—(1) The Scottish Ministers in relation to a pension credit derived from the Scheme may discharge their liability in respect of the credit by conferring appropriate rights under the Scheme on the ex-spouse or the ex-civil partner.

(2) For the purposes of this paragraph, rights conferred on the ex-spouse or the ex-civil partner are appropriate if—

(a) they are conferred with effect from, and including, the day on which the pension sharing order, under which the credit arises takes effect, and

(b) their value, when calculated in accordance with regulations made by the Secretary of State under section 30(1) of the 1999 Act in relation to the calculation of cash equivalents M1 , equals the amount of the credit.

Marginal Citations

M1 See the Pension Sharing (Valuation) Regulations 2000 (S.I. 2000/1052).