Interpretation2
1
In these Regulations, except where the context otherwise requires, the meaning of the words or expression in Column 1 is given in Column 2 of the table below—
Column 1 (words or expression) | Column 2 (meaning or reference to provision where meaning is to be found) | |
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The 1993 Act | The Pension Schemes Act 1993 M1; | |
The 1999 Act | The Welfare Reform and Pensions Act 1999 M2; | |
The 2004 Act | The Finance Act 2004 M3; | |
The 2014 Act | The Taxation of Pensions Act 2014 M4; | |
The 2009 Regulations | Registered Pension Schemes (Authorised Payments) Regulations 2009 M5; | |
The 2011 Regulations | The National Health Service Superannuation Scheme (Scotland) Regulations 2011 M6; | |
The 2013 Regulations | The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 M7; | |
The 2015 Regulations | The National Health Service Pension Scheme (Scotland) Regulations 2015 M8; | |
The AVC scheme | The National Health Service Pension Scheme (Scotland) Additional Voluntary Contribution scheme, the rules of which are set out in these Regulations; | |
Appropriate rights | The rights which are described in paragraph 5 of schedule 5 of the 1999 Act (pension credits: mode of discharge, appropriate rights); | |
Approved Scheme | A retirement benefit scheme approved under chapter 1 of Part XIV of the Taxes Act (retirement benefit schemes); | |
Authorised fund | A fund managed by— | |
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Authorised provider | The meaning given by section 1 of the Superannuation Act 1972; | |
Child | A person who qualifies for— | |
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Civil partner and civil partnership | To be construed in accordance with regulation 3; | |
Contributor | A person in respect of whom an election under regulation 4(1) has effect; | |
Date of retirement |
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as the case may be; | ||
Dependant |
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as the case may be; or | ||
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Dependant's pension | A pension which becomes payable to a dependant on the death of a participator; | |
Eligible member | The meaning given by section 101P(1) of the 1993 Act; | |
The Index | At any time means the Retail Prices Index as published by the Office of National Statistics, for the calendar month three months prior to that time; | |
Insurance company |
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To be construed with with— | ||
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Lifetime allowance | To be construed in accordance with Part 4 of the 2004 Act (pension schemes etc); | |
Lump sum death benefit | A lump sum which will become payable in the event of a person's death while paying contributions to provide for it; | |
Marriage | Marriage other than marriage of a same sex couple unless otherwise provided; | |
NHS Pension Scheme | The National Health Service Pension Scheme for Scotland, the rules of which are set out in the 2011 Regulations (the 1995 Section), the 2013 Regulations (the 2008 Section) and the 2015 Regulations (the 2015 scheme); | |
Normal benefit age |
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Occupational pension scheme | The meaning given by section 1 of the 1993 Act; | |
Participator |
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Pension commencement lump sum | A lump sum for the purposes of Part I of schedule 29 of the 2004 Act not exceeding 25 per cent of the proceeds of any investment made under regulation 8(1), 9(2) or 10(4); | |
Pension credit | A credit under section 29(1)(b) of the 1999 Act and includes a credit under corresponding Northern Ireland legislation; | |
Pension credit benefit | The meaning given by section 101B of the 1993 Act; | |
Pension credit member | The meaning given by section 124(1) of the Pensions Act 1995; | |
Pension credit rights | The meaning given by section 101B of the 1993 Act; | |
Pensionable employment | NHS employment in respect of which a person contributes to the NHS Pension Scheme for Scotland or such other employment as the Scottish Ministers may approve for the purposes of a direction under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 M10 or a determination under section 25(5) of the Public Service Pensions Act 2013 M11; | |
Pensionable service | To be construed in accordance with whichever of the following is applicable— | |
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Registered pension scheme | The meaning given by section 150(2) of the 2004 Act; | |
Retirement | To be construed in accordance with whichever of the following is applicable— | |
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Salary | All salary, wages, fees and other payments paid or made to a person in respect of the employment of that person; | |
Scheme Partner | F3A person (“P”) is the scheme partner of a participator if— | |
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Surviving scheme partner | F4A person is a surviving scheme partner of a participator if the Scottish Ministers are satisfied that for a continuous period of at least two years, ending with the participator’s death, the person was the scheme partner of that participator. | |
Widow and Widower | Does not include a reference to marriage of a same sex couple. |
2
Subject to paragraph (1) and except where the context otherwise requires, other expressions in these Regulations have the same meaning as in whichever of the 2011 Regulations, the 2013 Regulations or the 2015 Regulations as are applicable in the circumstances.