The National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations 2013

Option to persons detrimentally affected by these Regulations

71.—(1) This regulation applies in relation to any benefit which is being paid, or may become payable, under the Regulations amended by these Regulations (“the amended Regulations”) to or in respect of a person who having served in an employment or office which qualified the person to participate in the benefits provided under the amended Regulations, ceased to serve in that office or employment before these Regulations came into force.

(2) Where, in a case to which this regulation applies, any provision of these Regulations would operate in relation to any person so as to place that person in a worse position than that person would have been if that provision had not applied, that person may elect that the provision is not to apply by giving notice in accordance with paragraph (3).

(3) A notice given pursuant to paragraph (2) must be in writing and must be delivered to the Scottish Ministers within 6 months of the coming into force of these Regulations or such longer period as the Scottish Ministers may allow.

(4) An election pursuant to paragraph (2) has effect in relation to the benefit referred to in paragraph (1) only to the extent that such benefit has accrued by virtue of periods of service rendered before the cessation referred to in paragraph (1) (or, if there has been more than one such cessation, the last of them before the coming into force of these Regulations) and in determining entitlement to, and the amount of, the benefit to that extent, such person is to be treated as if that person had never recommenced service at any time after that cessation (or, as the case may be, the last such cessation).