The National Health Service Superannuation Scheme (Scotland) Regulations 2011

Contracting-out conditions to be overriding S

K1.—(1) This Section of the scheme will be administered in conformity with the contracting-out conditions and, with the exception of the circumstances specified in paragraph (2), regulations K2 to K7 override any inconsistent provisions of these Regulations.

(2) The circumstances referred to in paragraph (1) are—

(a) where a trivial pension is commuted in accordance with regulation T8 (commutation of trivial pensions);

(b) where a pension is commuted in accordance with regulations E2(10) (early retirement pension (ill health)), E3(10) (ill health pension on early retirement) or E12(7) (preserved pension); or

(c) where a pension is forfeited for the reasons specified in regulation T7(1)(b) or (c) (loss of rights to benefits).

(3) In this Part—

(a) “contracting-out conditions” means the conditions specified in sections 9(2A) and (2B) (requirements for certification of schemes) of the 1993 Act;

(b) “guaranteed minimum” means the guaranteed minimum as defined in sections 13 to 17 of the 1993 Act;

(c) “guaranteed minimum pension” is a pension calculated in accordance with the guaranteed minimum requirements;

(d) “guaranteed minimum pension age” means age 65 in the case of a man or age 60 in the case of a woman; and

(e) “protected rights” has the same meaning as in the 1993 Act.