The National Health Service Superannuation Scheme (Scotland) Regulations 1995

1. Introductory Text

2. PART A PRELIMINARY

   1. A1. Citation and commencement

   2. A2. Interpretation

3. PART B MEMBERSHIP OF THE SCHEME

   1. B1. Membership of the scheme

   2. B2. Age limits and restrictions on membership

   3. B3. Restrictions on further participation in the scheme

   4. B4. Opting out of the scheme

   5. B5. Rejoining the scheme

4. PART C PENSIONABLE PAY, PENSIONABLE SERVICE AND QUALIFYING SERVICE

   1. C1. Meaning of “pensionable pay”

   2. C2. Meaning of “pensionable service”

   3. C3. Meaning of “qualifying service”

   4. C4. Pensionable service in respect of part-time employment

5. PART D CONTRIBUTIONS TO THE SCHEME

   1. D1. Contributions by members

   2. D2. Contributions and other payments by employing authorities

6. PART E BENEFITS FOR MEMBERS

   1. E1. Normal retirement pension

   2. E2. Early retirement pension (ill health)

   3. E3. Early retirement pension (redundancy etc.)

   4. E4. Early retirement pension (employer’s consent)

   5. E5. Early retirement pension (with actuarial reduction)

   6. E6. Preserved pension

   7. E7. Lump sum on retirement

   8. E8. Deductions from lump sum

   9. E9. Early leavers' entitlement to refund of contributions

   10. E10. Payment of interest with refund of contributions

7. PART F LUMP SUM ON DEATH

   1. F1. Lump sum when member dies in pensionable employment

   2. F2. Lump sum when member dies after pension becomes payable

   3. F3. Lump sum where member dies with preserved pension

   4. F4. Lump sum when member dies within 12 months after leaving pensionable employment without immediate or preserved pension

   5. F5. Payment of lump sum

8. PART G WIDOWS AND WIDOWERS

   1. G1. Widow’s pension

   2. G2. Widow’s pension when member dies in pensionable employment

   3. G3. Widow’s pension when member dies after pension becomes payable

   4. G4. Widow’s pension when member dies with preserved pension

   5. G5. Widow’s pension when member dies within 12 months after leaving pensionable employment without immediate or preserved pension

   6. G6. Widow’s pension when member marries after leaving pensionable employment

   7. G7. Widower’s pension

   8. G8. Dependent widower’s pension

   9. G9. Increased widower’s pension

9. PART H DEPENDENT CHILD ALLOWANCE

   1. H1. Dependent child

   2. H2. Payment of dependent child’s allowance

   3. H3. Child allowance when member dies in pensionable employment

   4. H4. Child allowance when member dies after pension becomes payable

   5. H5. Child allowance when member dies with preserved pension

   6. H6. Child allowance when member dies within 12 months after leaving pensionable employment without immediate or preserved pension

   7. H7. Increase of child allowance when child not dependent on surviving parent or spouse of a parent

10. PART J ALLOCATION TO A SPOUSE OR DEPENDENT

    1. J1. Allocation of pension by member for benefit of dependent

    2. J2. Limits on allocation

    3. J3. Date on which allocation has effect

    4. J4. Death of member after allocation

11. PART K CONTRACTING OUT AND GUARANTEED MINIMUM PENSIONS

    1. K1. Contracting-out requirements to be overriding

    2. K2. Guaranteed minimum pensions

    3. K3. Late retirement

    4. K4. Early leavers

    5. K5. Guaranteed minimum pensions transferred to the scheme

    6. K6. Protected rights transferred to the scheme

    7. K7. State scheme premiums

12. PART L EARLY LEAVERS RETURNING TO PENSIONABLE EMPLOYMENT

    1. L1. Treatment of pensionable service of early leavers returning to pensionable employment

    2. L2. Calculation of benefits

    3. L3. Preserved pension to count as qualifying service

    4. L4. Continuation of additional contributions

13. PART M TRANSFER-OUT ARRANGEMENTS AND BUY-OUTS

    1. M1. Member’s right to transfer or buy-out

    2. M2. Exercising a right to transfer or buy-out

    3. M3. Amount of member’s cash equivalent

    4. M4. Time limit for doing what member requires

    5. M5. Early leaver without preserved pension

    6. M6. Transfers in respect of more than one member

    7. M7. Waiver of transfer payments

14. PART N TRANSFERS-IN FROM OTHER PENSION ARRANGEMENTS

    1. N1. Member’s right to transfer accrued rights to benefits to the scheme

    2. N2. Transfers made under the Public Sector Transfer Arrangements

    3. N3. Transfers that are not made under the Public Sector Transfer Arrangements

    4. N4. Transfers in respect of more than one member

    5. N5. Waiver of transfer payments

15. PART P ABSENCE FROM WORK

    1. P1. Maternity absence

    2. P2. Absence because of illness or injury

    3. P3. Absence for reasons other than illness or injury

16. PART Q RIGHT TO BUY ADDITIONAL SERVICE AND UNREDUCED LUMP SUM

    1. Q1. Right to buy additional service

    2. Q2. Right to buy an unreduced retirement lump sum

    3. Q3. Paying for additional service by single payment

    4. Q4. Paying for unreduced retirement lump sum by single payment

    5. Q5. Paying by regular additional contributions

    6. Q6. Electing to buy additional service or unreduced retirement lump sum

    7. Q7. Part payment for additional service or unreduced retirement lump sum

17. PART R SPECIAL PROVISIONS FOR CERTAIN MEMBERS

    1. R1. Medical and dental practitioners and trainee practitioners

    2. R2. Nurses, physiotherapists, midwives and health visitors

    3. R3. Mental health officers

    4. R4. Members doing more than one job

    5. R5. Transferred officers (supplementary payments)

    6. R6. Members entitled to fees for domiciliary consultations

    7. R7. Former members of health service schemes

    8. R8. Members whose earnings are reduced

    9. R9. Polygamous marriages

    10. R10. Members who work temporary additional sessions

    11. R11. Officers on the staff of special hospitals

    12. R12. Part-time specialists with service before 15th December 1966

18. PART S MEMBERS WHO RETURN TO PENSIONABLE EMPLOYMENT AFTER PENSION BECOMES PAYABLE

    1. S1. Suspension of pension on return to NHS employment

    2. S2. Reduction of pension on return to NHS employment

    3. S3. Benefits in respect of pensionable employment after pension becomes payable

    4. S4. Benefits on death in pensionable employment after pension becomes payable

19. PART T GENERAL RULES ABOUT BENEFITS

    1. T1. Claims for benefits

    2. T2. Deduction of tax

    3. T3. Benefits not assignable

    4. T4. Beneficiary who is incapable

    5. T5. Offset for crime, fraud or negligence

    6. T6. Loss of rights to benefits

    7. T7. Commutation of trivial pensions

    8. T8. Reduction in benefits to take account of benefits under the National Insurance Acts

20. PART U ADMINISTRATIVE MATTERS

    1. U1. Extension of time limits

    2. U2. Determination of questions

    3. U3. Accounts and actuarial reports

21. PART V MISCELLANEOUS AND SUPPLEMENTARY

    1. V1. Options to persons detrimentally affected by these Regulations

    2. V2. Revocations, savings and transitional provisions

22. Signature

23. 1. SCHEDULE 1

       MEDICAL AND DENTAL PRACTITIONERS

       1. PART I DEFINITIONS AND MODIFICATIONS

          1. 1. Additional definitions used in this Schedule

          2. 2. Application of Regulations with modifications

       2. PART II PENSIONABLE EARNINGS

          1. 3. Meaning of “pensionable earnings”

          2. 4. Calculating “pensionable earnings” of practitioners in partnership

          3. 5. (1) Practitioners must exercise the election described in paragraph 4...

          4. 6. Meaning of “pensionable earnings” in relation to other practitioners

          5. 7. Exclusions and deductions from pensionable earnings—all practitioners

          6. 8. Limit on pensionable earnings—dental practitioners

       3. PART III OFFICER SERVICE TREATED AS PRACTITIONER SERVICE

          1. 9. Officer service treated as practitioner service

       4. PART IV CONTRIBUTIONS TO THE SCHEME

          1. 10. Contributions to the scheme

       5. PART V BENEFITS FOR MEMBERS

          1. 11. Pensions for members—normal retirement pension

          2. 12. Early retirement pension—ill health

          3. 13. Early retirement pensions/employer’s consent

          4. 14. Lump sum on member’s death in pensionable employment or after pension becomes payable

       6. PART VI BENEFITS FOR DEPENDENTS

          1. 15. Widow or widower’s pension on member’s death in pensionable employment

          2. 16. Increased widower’s pension

          3. 17. Child allowance—member dies in pensionable employment

       7. PART VII ABSENCE FROM WORK

          1. 18. Members away from work and maternity absence

       8. PART VIII RIGHT TO BUY ADDITIONAL BENEFITS

          1. 19. Right to buy additional benefits

       9. PART IX TRANSFERS FROM OTHER PENSION ARRANGEMENTS

          1. 20. Transfer from other pension arrangements

       10. PART X CONCURRENT EMPLOYMENT

           1. 21. Members doing more than one job

       11. PART XI MEMBERS WHO RETURN TO NHS EMPLOYMENT AFTER PENSION BECOMES PAYABLE

           1. 22. Reduction of pension

    2. SCHEDULE 2

       PURCHASE OF ADDITIONAL SERVICE AND UNREDUCED RETIREMENT LUMP SUM

       1. Table 1 Paying for additional service by a single payment

       2. Table 2 Paying for unreduced retirement lump sum by a single payment

       3. Table 3 Paying for additional service by regular additional contributions

       4. Table 4 Paying for unreduced retirement lump sum by regular additional contributions

    3. SCHEDULE 3

       REVOCATIONS

24. Explanatory Note