PART 5Amendment of the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998

Amendment of regulation 1560.

In regulation 15 (payments by the Scottish Ministers)—

(a)

for paragraph (1), substitute—

“(1)

Where an authorised provider or a selected authorised provider fails to pay a benefit referred to in regulation 11(1) or a lump sum benefit referred to in regulation 12, the Scottish Ministers are liable to pay that amount.”;

(b)

in paragraph (3)—

(i)

for “regulations 11(1B), 11(1C), 11(4), or under regulations 11(7) or 12 ” substitute “regulation 11(8)(f) and (11) and regulation 12”; and

(ii)

for sub-paragraph (b) of paragraph (3), substitute—

“(b)

to the deceased’s personal executors if—

(i)

there is no spouse, nominated partner or civil partner; or

(ii)

a notice has been given in accordance with any of the provisions referred to in paragraph (3A) that the spouse, nominated partner or civil partner is not to receive the payment.”;

(c)

after paragraph (3), insert—

“(3A)

The provisions referred to in paragraph (3)(b) are—

(a)

regulation F5 of the 2011 Regulations (payment of lump sum);

(b)

regulation 2.E.22 or 3.E.22 of the 2013 Regulations (payment of lump sum on death);

(c)

regulation 111 of the 2015 Regulations (lump sum on death);

(d)

paragraph 11 of Schedule 2.”;

(d)

for paragraph (4), substitute—

“(4)

Lump sums payable under regulation 11(1)(b),(c) and (d) and regulation 14(1) must be paid to the participator.”;

(e)

in paragraph (9), for the words from “regulations E1” to “applies” substitute “the provisions referred to in paragraph (9A)”;

(f)

after paragraph (9), insert—

“(9A)

Those provisions are—

(a)

Part E of the 2011 Regulations (benefits for members and preserved pension);

(b)

regulation 2.D.1, 2.D.4, 2.D.5, 2.D.8, 2.D.10, 2.D.11, 3.D.1, 3.D.4, 3.D.5, 3.D.7 or 3.D.9 of the 2013 Regulations (normal retirement pensions, actuarially reduced pensions, ill health pensions and early retirement pensions);

(c)

regulation 72, 78, 80, 81, 83, 89 or 93 of the 2015 Regulations (age retirement, early retirement, partial retirement and ill-health pensions).”; and

(g)

in paragraph (10)—

(i)

at the end of sub-paragraph (a), omit “or”; and

(ii)

after sub-paragraph (b) insert—

“or

(c)

regulation 108 of the 2015 Regulations (option for members in serious ill-health to exchange pension for lump sum),”.