The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

Introduction: rights to transfer value paymentS
This section has no associated Policy Notes

3.F.1.—(1) This Chapter supplements the rights conferred by or under [F1Chapter 1 (transfer rights: general) of Part 4ZA of the 1993 Act] and applies to practitioners.

(2) This Chapter is without prejudice to [F2that Chapter or Chapter 2 (early leavers: cash transfer sums and contribution refunds) of that Part].

(3) Accordingly—

(a)a member to whom [F3Chapter 1] of that Part applies (see section [F4section 93] of that Act) is entitled to require the payment of a transfer value in respect of the rights to benefit that have accrued to or in respect of the member under this Section of the scheme; and

(b)a member to whom [F5Chapter 2] of that Part applies (see section 101AA(1) of that Act) is entitled to a cash transfer sum or a contribution refund in accordance with that Chapter.

(4) Subject to paragraph (5) and the other provisions of this Chapter, any other member is entitled to require such a payment as if such rights had accrued to or in respect of the member by reference to the pensionable service the member is entitled to count under this Section of the scheme (and references in this Chapter to the member's accrued rights or benefits are to be read accordingly).

(5) Paragraph (4) does not—

(a)give any rights to an active member;

(b)give any rights to a pensioner member in respect of the pension to which the member has become entitled; or

(c)give any rights to a pension credit member in respect of rights that are directly attributable to a pension credit.

Textual Amendments

F1Words in reg. 3.F.1(1) substituted (with effect in accordance with reg. 1(2)(d) of the amending S.S.I.) by The National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/27), regs. 1(1), 41(a) (with reg. 53)

F2Words in reg. 3.F.1(2) substituted (with effect in accordance with reg. 1(2)(d) of the amending S.S.I.) by The National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/27), regs. 1(1), 41(b) (with reg. 53)