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The National Health Service Superannuation Scheme (Scotland) Regulations 2011
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- Scottish Statutory Instruments
- 2011 No. 117
- PART J
- Regulation J1
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The National Health Service Superannuation Scheme (Scotland) Regulations 2011, Section J1 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation J1:
- Regulations modified (temp.) by S.S.I. 2024/272 reg. 2 3
- reg. J1(4)(a) words inserted by S.S.I. 2024/272 reg. 20
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- sch. 1 para. 16A inserted by S.S.I. 2024/272 reg. 27(c)
- reg. F2A inserted by S.S.I. 2024/272 reg. 16
- reg. Q15(5)(d) added by S.S.I. 2024/272 reg. 23
- reg. E11A-E11C inserted by S.S.I. 2024/272 reg. 11
- reg. C2(8) inserted by S.S.I. 2024/272 reg. 9(3)
- reg. C1(13A) inserted by S.S.I. 2024/272 reg. 8(4)
- reg. D3(12A)-(12G) inserted by S.S.I. 2024/272 reg. 10(4)
- reg. D3(19C)-(19G) inserted by S.S.I. 2024/272 reg. 10(5)
- reg. Q1(6)(c) inserted by S.S.I. 2024/272 reg. 22
Allocation of pension by member for benefit of dependantS
This section has no associated Executive Note
J1.—(1) Subject to the following provisions of this Part, a member may elect to allocate part of the member's pension under this Section of the scheme so as to provide, following the member's death, a pension for a spouse, a civil partner or dependant.
(2) Any pension provided for a spouse or a civil partner under this regulation will be payable in addition to any other widow's, widower's or surviving civil partner's pension under these Regulations.
(3) Any pension provided under this regulation will be calculated in accordance with tables prepared by the scheme actuary.
(4) A member wishing to allocate part of the member's pension under this regulation may elect to do so—
(a)on making a claim for payment of the member's benefits under regulation T1 (claims for benefits), or at any time after making such a claim but before the date on which a pension payable to the member under this Section of the scheme is put into payment; or
(b)if in pensionable employment—
(i)in the case of a member who is not a special class officer, at any time after completing 45 years pensionable service; or
(ii)in the case of a member who is a special class officer, at any time after reaching age 55 and completing 40 years pensionable service; or
(c)at any time after reaching age 65 (60 for special class officers).
(5) A member wishing to allocate part of the member's pension as described in this regulation must do so by giving notice in writing to the employing authority on the form provided, giving such information as may be required.
(6) The Scottish Ministers must not accept an election unless satisfied that the member is in good health.
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