The National Health Service Pension Scheme (Scotland) Regulations 2015

Amount of refund S

40.—(1) The amount of a repayment to a member (M) pursuant to regulation 39 is—

(a) if the 1993 Act condition applies, the amount which M is entitled to be paid pursuant to [F1 Chapter 2 of Part 4ZA] of that Act, less the appropriate deductions;

(b) if the short service condition applies, an amount equal to the sum of the contributions paid by M, less the appropriate deductions.

(2) The appropriate deductions are—

(a) so much of the contributions equivalent premium paid in respect of M as is permitted pursuant to section 61 of the 1993 Act; and

(b) an amount equal to the income tax payable under section 205 of the 2004 Act (short service lump sum charge) as a result of the repayment.

(3) M is entitled to interest on the amount of the repayment unless M's pensionable service ceases because M's employment is terminated—

(a) pursuant to M's contract of employment;

(b) at M's request; or

(c) by reason of misconduct or inefficiency.

(4) The rate of interest is 2.5% per year calculated on a compound basis with yearly rests.

(5) Interest is payable in respect of the period starting on 1st April following the day when M started to pay contributions and ending on the day M leaves pensionable service.

(6) Paragraphs (4) and (5) do not apply if—

(a) regulation 39(1)(a) applies; and

(b) M is entitled to a greater amount of interest under [F2 Chapter 2 of Part 4ZA] of the 1993 Act.

(7) So far as contributions paid by M were paid under another scheme and were included in a transfer payment to this scheme—

(a) interest for the period before the transfer period was made is calculated in accordance with the other scheme (subject to any enactment applicable to the transfer); and

(b) paragraphs (4) and (5) do not apply as respects that period.

Textual Amendments

F1 Words in reg. 40(1)(a) substituted (with effect in accordance with reg. 1(5) of the amending S.S.I.) by The National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/28), regs. 1(2), 9(a)

F2 Words in reg. 40(6)(b) substituted (with effect in accordance with reg. 1(5) of the amending S.S.I.) by The National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/28), regs. 1(2), 9(b)