The National Health Service Pension Scheme (Scotland) Regulations 2008

Normal retirement pensions

3.D.1—(1) 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) will reach the age of 75 on the next day.

• This is subject to paragraph (2) and the following provisions of this Part.

(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 3.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 immediately the member becomes entitled to it.

(4) The–

(a) amount of the annual pension payable to a practitioner member under this regulation (disregarding any additional pension) will be equal to 1.87 per cent of the member’s uprated earnings; and

(b) member’s uprated earnings are to be calculated by uprating the member’s pensionable earnings by the amount of the annual increase due under the provisions of the Pensions (Increase) Act 1971 and section 59 of the Social Security Pensions Act 1975, plus 1.5 per cent annually.

(5) A claim referred to in paragraph (1)(b)(i) and made by notice in writing in accordance with regulation 3.J.2. (claims for benefits) takes effect from the date 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.