The National Health Service Pension Scheme (Scotland) Regulations 2015

Premature retirement on grounds of redundancy S

81.—(1) A relevant member (M) is entitled to payment of a premature retirement pension from the entitlement day if—

(a) M has reached normal minimum pension age but has not reached normal pension age;

(b) M is qualified for retirement pension benefits;

(c) M's pensionable service has been terminated by M's employing authority by reason of M's redundancy;

(d) M's employing authority gives written notice to the scheme manager pursuant to paragraph (2);

(e) the scheme manager certifies that M's employment is terminated by reason of redundancy;

(f) M has ceased to be employed in NHS employment; and

(g) not later than 6 months after M's employment is terminated, M applies under paragraph 4 of Schedule 3 for payment of a premature retirement pension.

(2) The notice must state that—

(a) M's pensionable service was terminated by reason of M's redundancy;

(b) M has at least 2 years continuous employment determined in accordance with any terms and conditions applying to the employment;

(c) the employing authority agrees that a premature retirement pension should become payable to M;

(d) M has not unreasonable refused—

(i) to seek suitable alternative employment, or

(ii) to accept an offer of such employment; and

(e) M is entitled to claim a pension under this regulation as an alternative to receiving (in whole or in part) the lump sum payment otherwise payable to M in accordance with those terms and conditions.

(3) A certificate under paragraph (1)(e) may be given only with the agreement of M's employing authority.

(4) A premature retirement pension is payable for life.

(5) M is not entitled to payment of an early retirement pension if the scheme manager, after consultation with the scheme actuary, decides that the amount of the pension would be less than the amount of the guaranteed minimum pension to which M is entitled.

(6) A relevant member is a member who is not—

(a) a practitioner;

(b) a non-GP provider; or

(c) practice staff.

(7) Part 4 of Schedule 11 has effect in respect of the calculation of the amount of a premature retirement pension.