The National Health Service Superannuation Scheme (Scotland) (Miscellaneous Amendments) (No. 2) Regulations 2017

PART 2 Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 2011

General

2.  The National Health Service Superannuation Scheme (Scotland) Regulations 2011(1) are amended in accordance with regulations 3 to 6.

Amendment of regulation D1

3.  In regulation D1 (contributions by members)—

(a) in paragraph (2)—

(i) after sub-paragraph (c), insert—

“;

(d) for the scheme year 2018-19 is the percentage specified in column 2 of table 4 in respect of the corresponding pensionable pay band specified in column 1 of that table into which the member’s pensionable pay falls”; and

(ii) after Table 3, insert—

“Table 4

Column 1 Pensionable pay band	Column 2 Contribution percentage rate
Up to £16,928	5.2%
£16,929 to £22,439	5.8%
£22,440 to £27,910	7.3%
£27,911 to £51,481	9.5%
£51,482 to £73,498	12.7%
£73,499 to £114,760	13.7%
£114,761 to any higher amount	14.7%”

(b) for paragraph (2A), substitute—

“(2A) Where paragraph (20), (21) or (25) applies, a member’s contribution rate for the scheme year 2018 -19 is the percentage specified in column 2 of table 4 in paragraph (2) in respect of the corresponding pensionable pay band specified in column 1 of that table into which the member’s pensionable pay falls.”; and

(c) in each of paragraphs (20), (21)(a) and (25)(b), for “table 3” substitute “table 4”.

Amendment of regulation D3

4.  In regulation D3 (further contributions by employing authorities in respect of excessive pay increases)—

(a) after paragraph (19), insert—

“(19A) For the purposes of this regulation, an increase in a member’s pensionable pay solely due to an increase in the national minimum wage is to be ignored.”; and

(b) at the end of paragraph (21)(h), insert—

“; and

(i) the national minimum wage referred to in paragraph (19A) means the single hourly rate which is for the time being in force by virtue of regulations made under section 1(3) of the National Minimum Wage Act 1998(2);”.

Amendment of Regulation M7A

5.—(1) Regulation M7A (member’s right to transfer a preserved pension to the 2015 Scheme) is amended as follows.

(2) After paragraph (5), insert—

“(5A) The Scottish Ministers must provide a member to whom this regulation applies with a notice in writing stating that the member has the right to request a statement of the amount of the cash equivalent of the member’s benefits accrued in accordance with these Regulations (“a statement of entitlement”).

(5B) The Scottish Ministers must provide the member with the notice referred to in paragraph (5A) within the period of three months beginning with the date on which the Scottish Ministers receive notification from the member’s employing authority that the member has joined the 2015 Scheme.

(5C) In accordance with paragraph (5D), a member who has received a notice provided in accordance with paragraph (5A) may request the Scottish Ministers to provide a statement of entitlement.

(5D) For the purposes of paragraph (5C), a request for a statement of entitlement must—

(a) be made by the member in writing on the form provided by the Scottish Ministers for that purpose;

(b) be received by the Scottish Ministers before the end of the three month period beginning with the date of the notice under paragraph (5A).”.

(3) For paragraph (6), substitute—

“(6) The Scottish Ministers must provide a member who has requested a statement of entitlement in accordance with paragraph (5D) with a statement of entitlement at the guarantee date.”.

(4) For sub-paragraph (a) of paragraph (9), substitute—

“(a) the period of three months beginning with the date on which the Scottish Ministers receive the member’s request for a statement of entitlement made in accordance with paragraph (5D); or”.

Amendment of paragraph 14 of schedule 1

6.  In paragraph 14 (contributions to this Section of the scheme) of schedule 1 (medical and dental practitioners), in sub-paragraph (2)—

(a) after paragraph (d), insert—

“;

(e) in respect of the 2018-2019 scheme year, table 5”; and

(b) after table 4, insert—

“Table 5

Scheme Year 2018-19

Column 1 Pensionable earnings band	Column 2 Contribution percentage rate
Up to £16,928	5.2%
£16,929 to £22,439	5.8%
£22,440 to £27,910	7.3%
£27,911 to £51,481	9.5%
£51,482 to £73,498	12.7%
£73,499 to £114,760	13.7%
£114,761 to any higher amount	14.7%”

(1)

S.S.I. 2011/117; relevant amending instruments are S.S.I. 2012/163, S.S.I. 2013/109, S.S.I. 2014/43, S.S.I. 2014/154, S.S.I. 2015/96, S.S.I. 2016/98 and S.S.I. 2017/27.

(2)

1998 c.39.