The National Health Service Pension Scheme (Scotland) Regulations 2008

Normal retirement pensions

2.D.1—(1) Subject to paragraph (2), regulation 2.D.13 (exceptions to requirement that NHS employment must have ceased) and the following provisions of this Part the general rule is that a member is entitled to a pension payable for life in respect of any period of pensionable service (“the relevant service”) if the member–

(a) has reached the age of 65; and

(b) either–

(i) has ceased to be employed in NHS employment and has claimed payment of the pension; or

(ii) has reached the age of 75.

(2) A person to whom paragraph (1) applies is not entitled to a pension under this regulation unless–

(a) the member is entitled to count at least 2 years of qualifying service in respect of the relevant service;

(b) a transfer value payment has been accepted by the scheme during the relevant service under Chapter 2.F (transfers), otherwise than from an occupational pension scheme;

(c) the member is entitled to a pension under this regulation in respect of any previous period of pensionable service; or

(d) the member has reached the age of 65.

(3) A pension to which a member is entitled under this regulation becomes payable as soon as the member becomes entitled to it.

(4) The amount of the annual pension payable under this regulation (disregarding any additional pension) is given by the formula–

where–

• RP is the member’s reckonable pay; and

• LRS is the length of the member’s relevant service, expressed in days.

(5) A claim referred to in paragraph (1)(b)(i) and made in accordance with regulation 2.J.2 (claims for benefits) takes effect from the date the claim is received by the Scottish Ministers.

(6) This regulation does not apply to pensions derived from pension credit rights.

(7) In this Chapter “NHS employment” includes employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(1).

(1)

1967 c. 28.