The National Health Service Pension Scheme (Scotland) Regulations 2008

Pensionable service: breaks in service

2.A.4—(1) Paragraph (2) applies if a member is absent from work because of–

(a) illness or injury;

(b) maternity leave;

(c) adoption leave;

(d) paternity leave; or

(e) parental leave.

(2) The period of absence counts as pensionable service if the member contributes to the scheme under regulation 2.C.1 (contributions by members) in respect of the period of absence.

(3) If–

(a) a member is on leave of absence for a period not exceeding 6 months but does not fall within paragraph (1)(a) to (e); and

(b) the member contributes to the scheme under regulation 2.C.1 by contributions made at the same intervals as those made by the member before the absence,

so much of the period of absence beginning with the first day of absence as is a period in respect of which the conditions in sub-paragraphs (a) and (b) are met counts as pensionable service.

(4) This paragraph applies if a person–

(a) ceased to be an active member because of–

(i) ceasing to be employed in an employment in which the person is eligible to be such a member; or

(ii) exercising the option under regulation 2.B.5 (opting out of the scheme); and

(b) less than 12 months after the date on which the person ceased to be an active member becomes such a member again.

(5) If paragraph (4) applies, the person’s pensionable service before the person ceased to be an active member and after the person became such a member again is treated as a single continuous period of pensionable service, unless paragraph (6) applies.

(6) This paragraph applies if–

(a) the person does not become a deferred member in respect of the pensionable service before the break in which the person was an active member;

(b) the person has received a repayment of contributions under regulation 2.C.18 (repayment of contributions) in respect of that service (but see paragraph (8)); or

(c) the person’s rights under the scheme in respect of that service have been extinguished under regulation 2.F.7 (effect of transfers out) because a transfer value payment has been made in respect of them.

(7) In the case of a member who leaves pensionable service whilst the person is absent from work because of–

(a) illness or injury;

(b) maternity leave;

(c) adoption leave;

(d) paternity leave; or

(e) parental leave,

this regulation applies as if the reference to 12 months in paragraph (4)(b) were a reference to 3 years.

(8) Paragraph (6)(b) does not apply if the person repays to the Scottish Ministers any contributions repaid to the person as mentioned in that paragraph, together with any interest paid to the person on those contributions, before the expiry of the period of 6 months beginning with the date on which the person becomes an active member again.

(9) Where paragraph (5) applies in respect of the service in which the person was an active member and becomes an active member again, see Chapter 2.G (re-employment and rejoining the scheme).