- Latest available (Revised)
- Point in Time (13/03/2014)
- Original (As made)
Version Superseded: 01/04/2014
Point in time view as at 13/03/2014.
There are currently no known outstanding effects for the The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013, Cross Heading: Basic contributions by members.
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2.C.1.—(1) Each active member must make contributions to this Section of the scheme (“member contributions”) in respect of—
(a)the member's pensionable pay in accordance with regulation 2.C.2 (contribution rate for members other than non-GP providers) where the member is not a non-GP provider; and
(b)the member's pensionable earnings in accordance with regulation 2.C.4 (contribution rate and determination of pensionable earnings for non-GP providers) where the member is a non-GP provider.
(2) Member contributions must be made—
(a)until the member completes 45 years' pensionable service; or
(b)where the notice required by regulation 2.A.3(3) (meaning of “pensionable service”) has been properly received, until the member ceases officer service.
(3) In the case of a member who is not a non-GP provider, the member's employing authority must deduct member contributions from the member's pensionable pay and pay them to the Scottish Ministers not later than the 19th day of the month following the month in which the earnings were paid to the member.
(4) In the case of a member who is a non-GP provider, the contracting Health Board or someone appointed to act on their behalf must pay to the Scottish Ministers contributions under this regulation paid to it by the non-GP provider or paid to it by another employing authority not later than the 19th day of the month following the month in which the earnings were paid to the non-GP provider.
(5) Paragraph (6) applies where a member has failed to pay member contributions or an employing authority has failed to deduct such contributions in accordance with this regulation.
(6) The Scottish Ministers may recover any sum that remains due in respect of contributions referred to in paragraph (5) by deduction from any payment by way of benefits to, or in respect of, the member entitled to them if—
(a)the member agrees to such a deduction; and
(b)the deduction is to the member's advantage.
(7) Paragraph (6) is without prejudice to any other method of recovery the Scottish Ministers may have.
(8) A member who is absent from service in circumstances within regulation 2.A.5(1) to (4) (pensionable service: breaks in service) may make contributions to this Section of the scheme in respect of the member's pensionable pay or, as the case may be, pensionable earnings in accordance with that regulation and whichever of regulations 2.C.2 (contribution rate for members other than non-GP providers) or 2.C.4 (contribution rate and determination of pensionable earnings for non-GP providers) applies to that member.
(9) If, apart from this paragraph, the pay or, as the case may be, earnings for a scheme year in respect of a member's service would not be a whole number of pounds, those earnings must be rounded down to the nearest whole pound.
2.C.2.—(1) Contributions under regulation 2.C.1(1)(a) (contributions by members) must be paid at the member's contribution rate for the scheme year in question.
(2) Where paragraph (2) of regulation 2.C.3 applies, a member's contribution rate for the scheme year 2013-2014 is the percentage specified in column 2 of the following table in respect of the corresponding pensionable pay band specified in column 1 of that table into which the member's pensionable pay falls.
Column 1 Pensionable pay band | Column 2 Contribution percentage rate |
---|---|
Up to £15,278 | 5.0% |
£15,279 to £21,175 | 5.3% |
£21,176 to £26,557 | 6.8% |
£26,558 to £48,982 | 9.0% |
£48,983 to £69,931 | 11.3% |
£69,932 to £110,273 | 12.3% |
£110,274 to any higher amount | 13.3% |
(3) Where paragraph (16), (17) or (21) of regulation 2.C.3 applies, a member's contribution rate for the scheme year 2013-2014 is the percentage specified in column 2 of the following table in respect of the corresponding pensionable pay band specified in column 1 of that table into which the member's pensionable pay falls.
Column 1 Pensionable pay band | Column 2 Contribution percentage rate |
---|---|
Up to £15,431 | 5.0% |
£15,432 to £21,387 | 5.3% |
£21,388 to £26,823 | 6.8% |
£26,824 to £49,472 | 9.0% |
£49,473 to £70,630 | 11.3% |
£70,631 to £111,376 | 12.3% |
£111,377 to any higher amount | 13.3% |
(4) The Scottish Ministers must, with the consent of the Treasury, determine the pensionable pay bands and contribution percentage rates specified in the tables set out in this regulation in respect of each scheme year.
(5) Before determining those pensionable pay bands or contribution percentage rates, the Scottish Ministers must consider the advice of the scheme actuary.
2.C.3.—(1) For the purposes of this regulation—
(a)“previous scheme year” means the scheme year immediately preceding the scheme year in respect of which contributions are payable in accordance with this Part (“the current scheme year”); and
(b)if a member holds two or more pensionable employments at the same time—
(i)the determinations referred to in paragraphs (4) to (21) are to apply to each such employment separately; and
(ii)each such employment is to be treated separately for the purpose of paying contributions.
(2) Subject to paragraphs (16) and (17), for the purposes of determining the relevant annual contribution rate for the current scheme year paragraphs (3) to (15) apply to a member who is in pensionable employment with the same employing authority on both the last day of the previous scheme year and the first day of the current scheme year.
(3) For the purposes of paragraphs (4) to (15)—
(a)a member is to be regarded as being in pensionable employment throughout the previous scheme year regardless of any period in that year during which the member continued to be employed by the same employer but did not make contributions to this Section of the scheme;
(b)for the purposes of calculating the member's pensionable pay—
(i)contributions for any period referred to in sub-paragraph (a) are to be deemed to have been paid; and
(ii)any additional pensionable pay that the member is treated as having received during an absence from work in accordance with regulation 2.A.10 (pensionable pay: breaks in service) is to be included; and
(c)the amount of pensionable pay determined in accordance with those paragraphs is to be rounded down to the nearest whole pound.
(4) If a member—
(a)was in pensionable employment with an employing authority on a whole-time basis throughout the previous scheme year;
(b)paid contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and
(c)is employed by that authority on the first day of the current scheme year,
the member must pay contributions during the current scheme year at the rate specified in column 2 of the table in regulation 2.C.2(2) (contribution rate for members other than non-GP providers) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member's pensionable pay received during the previous scheme year.
(5) If a member—
(a)was in pensionable employment with an employing authority on a part-time basis throughout the previous scheme year;
(b)paid contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and
(c)is employed by that authority on the first day of the current scheme year,
the member must pay contributions during the current scheme year at the rate specified in column 2 of the table in regulation 2.C.2(2) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined by reference to the amount the Scottish Ministers determine would have been paid in respect of a single comparable whole-time employment during the previous scheme year.
(6) If a member—
(a)was in pensionable employment with an employing authority on a combination of a whole-time and part-time basis throughout the previous scheme year;
(b)paid contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and
(c)is employed by that authority on the first day of the current scheme year,
the member must pay contributions during the current scheme year at the rate specified in column 2 of the table in regulation 2.C.2(2) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the aggregate of—
(i)the member's pensionable pay received during the previous scheme year in respect of the member's whole-time employment; and
(ii)the amount the Scottish Ministers determine would have been paid in respect of a single comparable whole-time employment for that period in respect of the member's part-time employment.
(7) If a member—
(a)was in pensionable employment with an employing authority on a whole-time basis throughout the previous scheme year;
(b)did not pay contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and
(c)is employed by that authority on the first day of the current scheme year,
the member must pay contributions during the current scheme year at the rate specified in column 2 of the table in regulation 2.C.2(2) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined by the formula—
where—
RPP is the pensionable pay received in respect of that employment for the period commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year; and
NDPE is the number of days of pensionable employment with that employer commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year.
(8) If a member—
(a)was in pensionable employment with an employing authority on a part-time basis throughout the previous scheme year;
(b)did not pay contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and
(c)is employed by that authority on the first day of the current scheme year,
the member must pay contributions during the current scheme year at the rate specified in column 2 of the table in regulation 2.C.2(2) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined by the formula—
where—
CWTE is the amount the Scottish Ministers determine would have been paid in respect of a single comparable whole-time employment in respect of the member's part-time employment with that employer for the period commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year; and
NDPE is the number of days of pensionable employment with that employer commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year.
(9) If a member—
(a)was in pensionable employment with an employing authority on a combination of a whole-time and part time basis throughout the previous scheme year;
(b)did not pay contributions in respect of that employment at the same percentage rate throughout that previous scheme year; and
(c)is employed by that authority on the first day of the current scheme year,
the member must pay contributions during the current scheme year at the rate specified in column 2 of the table in regulation 2.C.2(2) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined by the formula—
where—
RPP is the pensionable pay received for the whole-time employment with that employer for the period commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year;
CWTE is the amount the Scottish Ministers determine would have been paid in respect of a single comparable whole-time employment in respect of the member's part time employment with that employer for the period commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year; and
NDPE is the number of days of pensionable employment with that employer for the period commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year.
(10) If a member—
(a)commenced pensionable employment with an employing authority on a whole-time basis during the previous scheme year;
(b)paid contributions in respect of that employment at the same percentage rate from the date that employment commenced to the last day of the previous scheme year; and
(c)is employed by that authority on the first day of the current scheme year,
the member must pay contributions during the current scheme year at the rate specified in column 2 of the table in regulation 2.C.2(2) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined by the formula—
where—
RPP is the pensionable pay received in respect of that employment during the previous scheme year; and
NDPE is the number of days of pensionable employment with that employer during the previous scheme year.
(11) If a member—
(a)commenced pensionable employment with an employing authority on a part time basis during the previous scheme year;
(b)paid contributions in respect of that employment at the same percentage rate from the date that employment commenced to the last day of the previous scheme year; and
(c)is employed by that authority on the first day of the current scheme year,
the member must pay contributions during the current scheme year at the rate specified in column 2 of the table in regulation 2.C.2(2) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined by the formula—
where—
CWTE is the amount the Scottish Ministers determine would have been paid for that employment during the previous scheme year in respect of a single comparable whole-time employment; and
NDPE is the number of days of pensionable employment with that employer during the previous scheme year.
(12) If a member—
(a)commenced pensionable employment with an employing authority during the previous scheme year and has since been employed on both a whole-time and part time basis;
(b)paid contributions in respect of that employment at the same percentage rate from the date that employment commenced to the last day of the previous scheme year; and
(c)is employed by that authority on the first day of the current scheme year,
the member must pay contributions during the current scheme year at the rate specified in column 2 of the table in regulation 2.C.2(2) (contribution rate for members other than non-GP providers) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined by the formula—
where—
RPP is the pensionable pay received for the whole-time employment with that employer during the previous scheme year;
CWTE is the amount the Scottish Ministers determine would have been paid in respect of a single comparable whole-time employment in respect of the member's part time employment with that employer during the previous scheme year; and
NDPE is the number of days of pensionable employment with that employer during the previous scheme year.
(13) If a member—
(a)commenced pensionable employment with an employing authority on a whole-time basis during the previous scheme year;
(b)did not pay contributions in respect of that employment at the same percentage rate from the date that employment commenced to the last day of the previous scheme year; and
(c)is employed by that authority on the first day of the current scheme year;
the member must pay contributions during the current scheme year at the rate specified in column 2 of the table in regulation 2.C.2(2) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined by the formula—
where—
RPP is the pensionable pay received in respect of that employment for the period commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year; and
NDPE is the number of days of pensionable employment with that employer commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year.
(14) If a member—
(a)commences pensionable employment with an employing authority on a part time basis during the previous scheme year;
(b)did not pay contributions in respect of that employment at the same percentage rate from the date that employment commenced to the last day of the previous scheme year; and
(c)is employed by that authority on the first day of the current scheme year,
the member must pay contributions during the current scheme year at the rate specified in column 2 of the table in regulation 2.C.2(2) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined by the formula—
where—
CWTE is the amount the Scottish Ministers determine would have been paid in respect of a single comparable whole-time employment in respect of the member's part time employment with that employer for the period commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year; and
NDPE is the number of days of pensionable employment with that employer commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year.
(15) If a member—
(a)commenced pensionable employment with an employing authority during the previous scheme year and has since been employed on both a whole-time and part time basis with that employing authority;
(b)did not pay contributions in respect of that employment at the same percentage rate from the date that employment commenced to the last day of the previous scheme year; and
(c)is employed by that authority on the first day of the current scheme year,
the member must pay contributions during the current scheme year at the rate specified in column 2 of the table in regulation 2.C.2(2) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined by the formula—
where—
RPP is the pensionable pay received for the whole-time employment with that employer for the period commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year;
CWTE is the amount the Scottish Ministers determine would have been paid in respect of a single comparable whole-time employment in respect of the member's part time employment with that employer for the period commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year; and
NDPE is the number of days of pensionable employment with that authority for the period commencing on the date the member's contribution rate last changed in that previous scheme year and ending on the last day of that previous scheme year.
(16) If, at any time during the current scheme year, a member commences a new employment, the member must pay contributions in respect of that employment at the rate specified in column 2 of the table in regulation 2.C.2(3) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined in accordance with paragraph (20).
(17) Subject to paragraph (18), if at any time during the current scheme year, a change is made to a member's annual rate of pensionable pay or pensionable allowances in respect of an existing employment the member must pay contributions—
(a)from the first day of the pay period in which the change is made at the rate specified in column 2 of the table in regulation 2.C.2(3) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined in accordance with paragraph (20); and
(b)as if the member's employment had commenced on that day.
(18) Paragraph (17) does not apply to a change made to a member's annual rate of pensionable allowances in respect of an existing employment that is determined by that member's employer to have been made in respect of—
(a)unplanned changes to that member's duties; or
(b)changes to that member's duties that are unlikely to persist for at least 12 months.
(19) If the change to a member's pensionable pay referred to in paragraph (17) is made in respect of an existing part time employment, that paragraph does not apply unless there is a corresponding change to the amount of pensionable pay that would be paid to that member in respect of a whole-time comparable employment.
(20) Where paragraph (16) or (17) apply the Scottish Ministers must determine the member's pensionable pay—
(a)by applying the formula—
where—
EPP is the estimated pensionable pay that the member's employing authority considers will be payable to the member in respect of that employment during the current scheme year; and
NDPE is the number of days of pensionable employment from the date employment commences to the end of the current scheme year; and
(b)if the further employment is part time employment, by determining how much would be paid in respect of a whole-time comparable employment,
with the amount determined under sub-paragraph (a) being the member's pensionable pay for the purposes of this paragraph if the further employment is whole-time employment and the amount determined under sub-paragraph (b) being the member's pensionable pay for the purposes of this paragraph if the further employment is part time employment.
(21) If none of paragraphs (4) to (17) apply—
(a)the Scottish Ministers must determine the amount of the member's pensionable pay, and in doing so must, in addition to the matters referred to in regulation 2.C.2(5) (contribution rate for members other than non-GP providers), have regard to the pensionable pay attributable to pensionable employment comparable to the member's employment, prevailing pay scales and prevailing rates of pensionable allowances; and
(b)the member must pay contributions at the rate specified in column 2 of the table in regulation 2.C.2(3) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the amount of the member's pensionable pay determined in accordance with paragraph (a).
(22) In any case where paragraph (16) applies and it is apparent at the time when the person becomes an active member in an employment under this Part the person's pensionable pay in that employment includes any amount that is variable, that amount is to be taken as such amount as the employing authority consider appropriate for the current scheme year scheme year and, in the case of a member who works part time, is the variable amount that would be paid in respect of a comparable whole-time employment.
(23) If a transfer payment from a corresponding health service scheme is accepted in respect of a person, the person is to be treated for the purposes of this regulation as if—
(a)the person was an active member of this Section of the scheme during any period during which the person was an active member of that Section; and
(b)the pay by reference to which the person's benefits under that Section were calculated was pensionable pay for the purposes of this Section of the scheme.
2.C.4.—(1) Member contributions payable by a non-GP provider under regulation 2.C.1(1)(b) (contributions by members) must be paid at the member's contribution rate for the scheme year in question.
(2) A member's contribution rate is the percentage specified in column 2 of the relevant table in paragraph (15) in respect of the corresponding pensionable earnings band specified in column 1 of that table into which the member's pensionable earnings falls.
(3) The Scottish Ministers must, with the consent of the Treasury, determine the pensionable earnings bands and contribution percentage rates specified in the relevant table in respect of each scheme year.
(4) Before determining those pensionable pay bands or contribution percentage rates, the Scottish Ministers must consider the advice of the scheme actuary.
(5) Paragraph (6) applies where, in respect of a scheme year, a non-GP provider—
(a)has certified their pensionable earnings in accordance with regulation 2.J.14 (employing authority and certain member record keeping and contribution estimates) and forwarded a record of those earnings to the contracting Health Board or someone appointed to act on their behalf; or
(b)was not required to certify their earnings in accordance with that regulation but the contracting Health Board or someone appointed to act on their behalf has the figure that represents the non-GP provider's pensionable earnings for that scheme year.
(6) In the circumstances referred to in paragraph (5), contributions payable for the scheme year in question are those specified in column 2 of the relevant table in paragraph (15) in respect of the amount of pensionable earnings referred to in column 1 of that table which corresponds to the certified or final pensionable earnings from all non-GP provider sources and any additional pensionable earnings the non-GP provider is treated as having received during a break in service in accordance with regulation 2.A.10.
(7) Subject to paragraph (8), if paragraph (5) does not apply to a non-GP provider in respect of a scheme year, that non-GP provider must pay contributions at the rate in column 2 of the relevant table in paragraph (15), on the basis of whichever of the following the contracting Health Board or someone appointed to act on their behalf considers the most appropriate in the circumstances—
(a)an amount of the non-GP provider's earnings that has been agreed between the contracting Health Board or someone appointed to act on their behalf on the one hand and the non-GP provider on the other hand;
(b)an amount that corresponds to that non-GP provider's most recent certified or final pensionable earnings referred to in paragraph (5); or
(c)an amount of such earnings that corresponds to the estimate by the contracting Health Board, or someone appointed to act on their behalf, of the non-GP provider's pensionable earnings from all non-GP provider sources for that year.
(8) If paragraph (7) applies to a non-GP provider in respect of a scheme year and paragraph (5)(a) or (b) is subsequently satisfied in respect of that scheme year, that non-GP provider must pay contributions at the rate determined in accordance with paragraph (6).
(9) The contracting Health Board or someone appointed to act on their behalf may adjust a non-GP provider's contribution rate for any scheme year determined in accordance with paragraph (7)—
(a)by agreement between the contracting Health Board or someone appointed to act on their behalf on the one hand and the non-GP provider on the other hand; or
(b)without such agreement, if the contracting Health Board or someone appointed to act on their behalf is satisfied that pensionable earnings will exceed the amount used to determine the contribution rate in accordance with that paragraph.
(10) If a member is in non-GP provider service and concurrently in practitioner service in respect of which the member is liable to pay contributions in accordance with regulation 3.C.1 (contributions by members), contributions payable in respect of the member's non-GP provider service are to be determined under this regulation whereas contributions payable in respect of the member's practitioner service are to be determined under regulation 3.C.2 (members' contribution rate).
(11) In determining member contributions payable in accordance with this regulation, the contracting Health Board or someone appointed to act on their behalf must take account of pensionable earnings from all non-GP provider sources, including any pensionable earnings as a non-GP provider determined by another contracting Health Board.
(12) An employing authority that is not the contracting Health Board or someone appointed to act on their behalf must, in respect of any pensionable earnings the Health Board or person appointed pays to a non-GP provider, take advice from any other relevant contracting Health Board or person appointed in determining the contributions payable in accordance with this regulation.
(13) Where paragraph (14) does not apply, a non-GP provider must pay member contributions to the contracting Health Board or someone appointed to act on their behalf.
(14) If a non-GP provider is engaged under a contract of employment or a contract for services by an employing authority or is a partner or shareholder in an employing authority that is not an OOH provider, that authority must—
(a)deduct contributions under this regulation from any pensionable earnings the authority pays that person; and
(b)if it is not also the contracting Health Board, pay those contributions to that contracting Health Board or someone appointed to act on their behalf not later than the 7th day of the month following the month in which the earnings were paid.
(15) In this regulation, “the relevant table” means—
(a)in respect of the 2012-2013 scheme year, table 1; and
(b)in respect of the 2013-2014 scheme year, table 2.
Column 1 Pensionable earnings band | Column 2 Contribution percentage rate |
---|---|
Up to £21,175 | 5.0% |
£21,176 to £26,557 | 6.5% |
£26,558 to £48,982 | 8.0% |
£48,983 to £69,931 | 8.9% |
£69,932 to £110,273 | 9.9% |
£110,274 to any higher amount | 10.9% |
Column 1 Pensionable earnings band | Column 2 Contribution percentage rate |
---|---|
Up to £15,431 | 5.0% |
£15,432 to £21,387 | 5.3% |
£21,388 to £26,823 | 6.8% |
£26,824 to £49,472 | 9.0% |
£49,473 to £70,630 | 11.3% |
£70,631 to £111,376 | 12.3% |
£111,377 to any higher amount | 13.3% |
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