The National Health Service Pension Scheme (Scotland) Regulations 2015

Retirement benefits for members with more than one employment

99.—(1) This regulation applies to a member (M) who is in receipt of pensionable earnings in respect of two or more employments each of which is attributable to M belonging to any of groups A to C in the table in regulation 27(1).

(2) Subject to paragraphs (4) and (5), M does not become entitled to a pension under any of the regulations specified in paragraph (3) until—

(a) the termination of all of M’s NHS employments (including employment as a practitioner); or

(b) M reaches the age of 75.

(3) The regulations are—

• regulation 72;

• regulation 78;

• regulation 80;

• regulation 81;

• regulations 89 to 96.

(4) Paragraph (5) applies if M—

(a) leaves employment (past employment) with one employing authority; and

(b) in relation to the past employment, becomes entitled to a pension under regulation 80 or 81.

(5) M may elect—

(a) to take benefits only in respect of the past employment; and

(b) to continue to accrue rights in respect of any other continuing pensionable employment.

(6) If M elects as mentioned in paragraph (5), paragraph (2) applies in relation to an employment in respect of which M continues to accrue rights to benefits.

(7) Chapter 7 of Part 5 applies if M becomes entitled to a pension under paragraph (5) while continuing in other NHS employment.

(8) Paragraphs (9) and (10) apply if M—

(a) becomes entitled to a pension under regulation 80 or 81; and

(b) terminated concurrent employment as a practitioner not more than 12 months before becoming entitled to the pension.

(9) M is not entitled to receive a pension under regulation 80 or 81 in respect of any employment as a practitioner but is entitled only to receive a pension in respect of that employment pursuant to regulation 72 or 78.

(10) M may exercise a right to transfer out under Section 2 of Chapter 2 of Part 7 only if M leaves all pensionable service —

(a) before reaching normal pension age; and

(b) before becoming entitled to a pension under this scheme.