The National Health Service Pension Scheme (Scotland) Regulations 2008

Application of Chapter 2.H

2.H.1—(1) This Chapter applies if–

(a) a person who is a pensioner member of the scheme is employed in NHS employment;

(b) the person’s employment is not employment to which the person was transferred as a result of a transfer of an undertaking to the person’s employer;

(c) the person’s pension is a pension under–

(i) regulation 2.D.8 (early retirement on ill health: active members);

(ii) regulation 2.D.10 (early retirement on ill health: deferred members); or

(iii) regulation 2.D.11(1)(d)(ii) (early retirement on termination of employment by employing authority) in a case where the Scottish Ministers certified that the member’s employment was terminated in the interests of the efficiency of the service in which the member was employed; and

(d) the person has not reached the age of 65.

(2) In this Chapter “NHS employment” includes–

(a) employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(1);

(b) employment to which regulations made under section 10 of the Superannuation Act 1972(2) and having effect in England and apply;

(c) employment to which regulations made under Article 12 of the Superannuation (Northern Ireland) Order 1972 apply(3);

(d) employment to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald) applies(4); and

(e) employment with an employer with whom an agreement has been made under section 235 of the 2006 Act.

(3) In this Chapter, subject to paragraph (4)–

(a) a person to whom this Chapter applies is referred to as an “employed pensioner”;

(b) the pension to which the employed pensioner is entitled is referred to as the “old service pension”;

(c) the employment in respect of which the pension is payable is referred to as the “the old employment”; and

(d) the employment in which the employed pensioner is employed is referred to as the “new employment”.

(4) This Chapter applies whether or not the person is an active member of the scheme in the new employment.

(5) For the purposes of this Chapter, so much of any pension as is additional pension is ignored.

(1)

1967 c. 28.

(2)

1972 c. 11.

(3)

S.I. 1972/1073.

(4)

1984 c. 8 (Tynwald).