The National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment (No. 2) Regulations 2010

Substitution of regulation 3.B.1A

55.  For regulation 3.B.1A (eligibility: transitional), substitute—

“Eligibility: transitional

3.B.1A— (1) A person is eligible to be an active member of this Section of the Scheme if—

(a) the person is not prevented from being so by regulation 3.B.2, 3.B.3 or 3.B.6; and

(b) either—

(i) the Scottish Ministers have accepted that person’s option to join this Section of the Scheme under Chapter 3.K; or

(ii) that person meets all of the requirements in paragraph (2).

(2) Those requirements are that the person—

(a) is under age 75;

(b) was an active member of the 1995 Section on or after 1st April 2008;

(c) became a pensioner member of the 1995 Section on or before 1st October 2009;

(d) has either—

(i) returned to NHS employment since becoming a pensioner member referred to in (c); or

(ii) commenced for the first time in NHS employment; and

(e) is not eligible to be an active member of the 1995 Section in respect of the employment referred to in (d).

This is subject to the following paragraphs of this regulation.

(3) A person referred to in paragraph (2) is eligible to be an active member of this Section of the Scheme from the day immediately following the end of Waiting Period A, if that person is entitled to a pension under one of the following regulations of the 1995 Regulations—

(a) E1 (normal retirement pension);

(b) E2A(3)(a) (lower tier ill-health pension on early retirement);

(c) E3A (early retirement pension (redundancy etc. new starters and post-transition)); or

(d) E5 (early retirement pension with actuarial reduction).

(4) A person referred to in paragraph (2) is eligible to be an active member of this Section of the Scheme from the day immediately following the longer of Waiting Period A and Waiting Period B if that person is entitled to a pension under one of the following regulations of the 1995 Regulations—

(a) E2 (early retirement pension (ill health)); or

(b) E3 (early retirement pension (redundancy etc.)).

(5) If a person referred to in paragraph (2) is entitled to a pension under regulation E2A(3)(b) (upper tier ill-health pension on early retirement), that person shall be eligible to be an active member of this Section of the Scheme from the day immediately following whichever of the following occurs last—

(a) the anniversary of that person entering NHS employment; or

(b) the end of Waiting Period A.

(6) A person referred to in paragraph (1)(b)(i) or (3)(b) and who is entitled to a lower tier ill health pension under regulation E2A(3)(a) of the 1995 Regulations, ceases to be eligible to be an active member of this Section of the Scheme from the date the Scottish Ministers make a determination that that person is entitled to an upper tier ill-health pension in place of that lower tier ill-health pension under regulation E2B(3) of those Regulations (re-assessment of ill-health condition determined under regulation E2A).

(7) For the purposes of this paragraph—

(a) “Waiting Period A” is a period of two calendar years beginning on the day the person becomes entitled to the pension under the 1995 Regulations; and

(b) “Waiting Period B” is a period beginning on the day the person becomes entitled to the pension under the 1995 Regulations equal to the calendar length of—

(i) any increase to the person’s pensionable service in the 1995 Section of the Scheme which has been applied in accordance with paragraph (3) of regulation E2 of the 1995 Regulations; or

(ii) any additional service with which the person has been credited in accordance with regulation 5 of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003(1).

(8) This regulation applies to any person who has previously been an active member of a corresponding 1995 scheme as though any reference to—

(a) the “1995 Section” includes a reference to that corresponding 1995 scheme;

(b) the “1995 Regulations” includes a reference to any regulations, orders, rules or other instruments governing that corresponding 1995 scheme;

(c) regulations “E1”, “E2”, “E2A”, “E2B(3)”, “E3”, “E3A”, “E3A(3)(a)”, “E3A(3)(b)” or “E5” includes the equivalent of those regulations in a health service scheme the provisions of which correspond to the 1995 Regulations; and

(d) “regulation 5 of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003” includes the equivalent of that regulation as it applies to a member of a corresponding 1995 scheme.”.

(1)

S.S.I. 2003/344, as amended by S.S.I. 2005/445, 512 and 544, 2006/561 and 2008/92 and 225.