The National Health Service Superannuation Scheme (Scotland) Amendment (No. 3) Regulations 2003

Practitioners with benefits from both practitioner and officer service

8.  In Schedule 1 (medical and dental practitioners), after paragraph 9A(1), insert–

“Practitioners with benefits from both practitioner and officer service

9B— (1) A member–

(a) who has at least two years' qualifying service or in respect of whom a transfer payment has been made to the scheme in respect of his rights under a personal pension scheme;

(b) who ceases to be in officer service while continuing in practitioner service; and

(c) whose officer service is not treated as practitioner service under paragraph 9(5A) or 9(6A),

shall be entitled to receive a separate pension in respect of his officer service.

(2) A member–

(a) who has at least two years qualifying service or in respect of whom a transfer payment has been made to the scheme in respect of his rights under a personal pension scheme; and

(b) who ceases to be in practitioner service while continuing in officer service,

shall be entitled to receive a separate pension and retirement lump sum in respect of such of his pensionable service as is specified in sub-paragraph (3).

(3) The pensionable service specified for the purposes of sub-paragraph (2) is–

(a) any practitioner service; and

(b) any officer service which falls to be treated as practitioner service under paragraph 9.

(4) Subject to sub-paragraph (5), the amount of any pension or retirement lump sum which a member is entitled to receive under sub-paragraph (1) or (2) shall be the same as the amount of the pension or retirement lump sum which the member would have been entitled to receive under these Regulations if he had left pensionable employment on the day on which he ceased to be in officer service or, as the case may be, ceased to be in practitioner service.

(5) A member who is entitled to a pension and retirement lump sum under sub paragraph (2) shall, if it would be more favourable to him, be treated as having continued in practitioner service until the last day of his pensionable employment.”.

(1)

Paragraph 9A was inserted by S.S.I. 2003/55.