The National Health Service (Superannuation) (Scotland) Amendment (No.2) Regulations 1989

Guaranteed minimum pension under the Pensions Act

14.  For regulation 22 of the principal Regulations there shall be substituted the following regulation:—

“Guaranteed minimum pension under the Pensions Act

22.— (1) Subject to regulation 22A and to paragraph (6) below, this regulation shall apply to officers in contracted-out employment by reference to these Regulations and it shall then override any other provisions of these Regulations which are inconsistent with it.

(2) The words and expressions used in this regulation shall have the same meaning as in the Pensions Act.

(3) If an officer has a guaranteed minimum in relation to the pension provided for him under these Regulations in accordance with section 35 of the Pensions Act(1):—

(a) the weekly rate of the pension from age 65 for a man and 60 for a woman shall not be less than the guaranteed minimum from pensionable age, but where employment as an officer continues after attaining that age the entitlement to receive payment of such pension shall be postponed until such employment ceases, except that the officer shall be entitled to receive payment of the guaranteed minimum pension rate 5 years after pensionable age where the officer has continued until then in such employment without having become entitled to receive payment of any benefit under these Regulations;

(b) if the officer is a man and dies at any time leaving a widow, the weekly rate of the pension provided for her under these Regulations shall not be less than half that officer’s guaranteed minimum pension for any period such as is mentioned in section 36(6) of the Pensions Act;

(c) if the officer is a woman and dies on or after 6th April 1989 leaving a widower, he shall be entitled to receive payment of a widower’s pension payable in the circumstances prescribed and for the period prescribed under section 36(7A) of the Pensions Act(2)and the weekly rate of the pension provided for him under this scheme shall be not less than half of that part of the officer’s guaranteed minimum which is attributable to earnings factors for the tax year 1988/89 and subsequent tax years.

(4) The guaranteed minimum pensions referred to in paragraph (3) shall, insofar as they are attributable to earnings factors in the tax years from (and including) 1988/89, be increased in accordance with the requirements of section 37A of the Pensions Act(3)and to the extent of any orders made thereunder.

(5) If the commencement of any officer’s guaranteed minimum pension is postponed for any period, the guaranteed minimum shall be increased to the extent, if any, specified in section 35(6), (6A) and (6B) of the Pensions Act(4), as amended from time to time.

(6) In the following circumstances a pension provided by virtue of these Regulations may be less than the guaranteed minimum pension—

(a) where regulation 42 operates to reduce a pension;

(b) where the Secretary of State has made a direction under regulation 62 in respect of an offence mentioned in paragraph (b) or (c) of that regulation;

(c) where the Secretary of State has discharged his liability by the making of a payment under—

(i) regulation 21; or

(ii) regulation 80 except that, notwithstanding the transfer payment, a guaranteed minimum pension may become payable following a transfer to a superannuation scheme established for the staff of a Community Institution and approved by the Occupational Pensions Board established by section 66 of the Social Security Act 1973 and the Board of Inland Revenue for the purposes of this regulation.”.

(1)

1975 c. 60; section 35 was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), sections 3 and 22, by the Social Security Act 1979 (c. 18), Schedule 3, paragraph 18 and by the Social Security Act 1986 (c. 50), section 9 and Schedule 8, paragraph 8.

(2)

Section 36(7A) was inserted by the Social Security Act 1986, section 9.

(3)

Section 37A was inserted by the Social Security Act 1986, section 9.

(4)

Section 35(6A) and (6B) were inserted by the Social Security Act 1986, section 9.