The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 2008

Amendment of regulation K2

40.—(1) Regulation K2 (guaranteed minimum pensions) is amended as follows.

(2) In paragraph (1), for “section 14 of the Pension Schemes Act 1993 (earner’s guaranteed minimum)” substitute “section 13 (minimum pensions for earners) of the 1993 Act”.

(3) In paragraphs (4), (4A) and (5), for “tax year 1988-89 and subsequent tax years” substitute “tax years 1988 89 to 1996 97 inclusive”.

(4) For paragraph (6) substitute–

“(6) A member who on leaving pensionable employment–

(a) becomes entitled to a refund of contributions under regulation E9 (early leavers' entitlement to refund of contributions); or

(b) exercises a right to require a transfer or buy-out in accordance with regulation M2 (exercising a right to transfer or buy-out),

but, in either case, remains (as described in regulation E9(2)) entitled to a guaranteed minimum pension or section 9(2B) rights, is entitled to the benefits specified in paragraphs (6A) and (6B).

(6A) The benefits are–

(a) a pension payable from the date on which he reaches state pension age at a weekly rate equal to his guaranteed minimum (if any); and

(b) a pension and lump sum from the date he reaches normal benefit age in respect of his section 9(2B) rights.

(6B) On the death of a member to whom paragraph (6) applies, no benefit will be payable except for a widow's, widower's, surviving civil partner’s or nominated partner’s pension equal to the aggregate of–

(a) that described in paragraph (3) or, as the case may be, paragraph (4); and

(b) half the member’s pension in respect of section 9(2B) rights.”.