PART ESBENEFITS FOR MEMBERS

Early retirement pension (redundancy and special classes)S

E9.—(1) This regulation applies to a member—

(a)who has attained the age of 55;

(b)to whom regulation R2 (nurses, physiotherapists, midwives and health visitors) or regulation R3 (mental health officers) applies; and

(c)whose employment is terminated on, or after, 1st October 2011, and either—

(i)the Scottish Ministers certify that that employment is terminated by reason of redundancy; or

(ii)with the agreement of the employing authority, the Scottish Ministers, certify that that employment is terminated in the interests of the efficiency of the service in which the member is employed.

(2) A member referred to in paragraph (1) who would, if the member made a claim for it, be entitled to a pension in accordance with regulation E7—

(a)must (for the purpose of this regulation) be treated as retiring from pensionable employment on the day on which the member's employment terminates; and

(b)is entitled to a pension under regulation E1 or E11 if the member makes a claim for it.

(3) A claim referred to in paragraph (2)(b) must—

(a)be in writing and addressed to the Scottish Ministers;

(b)be made within 6 months of the employment being terminated; and

(c)contain such information as the Scottish Ministers may require.