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The National Health Service Pension Scheme (Scotland) Amendment Regulations 2016

S.S.I. 2016/97 · Made 10 February 2016

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Public Service Pensions

Made 10th February 2016

Laid before the Scottish Parliament 12th February 2016

Coming into force 1st April 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1(1) and (2)(e) of, and paragraph 5(b) of Schedule 2 to, the Public Service Pensions Act 2013f1 and all other powers enabling them to do so.

In accordance with section 22(2)(a) of that Act, the Scottish Ministers consulted the representatives of such persons as appeared to them likely to be affected by these Regulations.

In accordance with section 22(2)(b) of that Act, the Scottish Ministers laid before the Scottish Parliament a report concerning the changes to the members’ contribution rates under the National Health Service Pension Scheme (Scotland) made by these Regulations.

In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.

Annotations to the whole text

Footnotes

f1

2013 c.25.

Contents

  1. 1Citation, commencement and effect
  2. 2Amendment of the National Health Service Pension Scheme (Scotland) Regulations 2015
  3. 3Regulation 27
  4. 4Regulation 30
  5. 5Regulation 31
  6. 6Regulation 32
  7. 7Regulation 37
  8. 8Regulation 43
  9. 9Regulation 112
  10. 10Regulation 152
  11. 11Schedule 1
  12. 12Schedule 3
  13. 13Schedule 5
  14. 14Schedule 7
  15. 15Schedule 9
  16. 16Schedule 12
  17. 17Schedule 13
  18. Signature
  19. Explanatory note

1Citation, commencement and effect

(1)

These Regulations may be cited as the National Health Service Pension Scheme (Scotland) Amendment Regulations 2016.

(2)

These Regulations come into force on 1st April 2016 and have effect from 1st April 2015.

2Amendment of the National Health Service Pension Scheme (Scotland) Regulations 2015

The National Health Service Pension Scheme (Scotland) Regulations 2015f1 are amended as follows.

3Regulation 27

In regulation 27 (pensionable earnings)—

(a)

in paragraph (1), for the Table substitute—

“

Table

Column 1

Group

Column 2

Employment/Engagement

Column 3

Income
AM is employed by an NHS organisationSalary, wages, fees and other regular payments made to M in respect of M’s employment, but not including—
BM is employed by a medical contractor, a non-GP provider or a dental contractor
CM is employed by a determination employer(a)bonuses;
(b)payments made to cover expenses;
(c)payments for overtime; or
(d)pay awards or increases which are expressed by the Scottish Ministers to be non-consolidated.
DM is—Practitioner income: see Schedule 8.
(a)a medical practitioner;
(b)a dental practitioner; or
(c)a non-GP provider

”

(b)

in paragraph (5)(a)(ii), for “practitioner” substitute “provider”.

4Regulation 30

In regulation 30 (members’ contributions: employees)—

(a)

in paragraph (3)—

(i)

for the words from “M’s contribution rate” to “earnings fall.”, substitute—

  • “M’s contribution rate—

    1. (a)

      for the scheme year 2015/16 is the percentage specified in column 2 of Table 1 below in respect of the corresponding pensionable earnings band specified in column 1 into which M’s pensionable earnings fall; and

    2. (b)

      for the scheme year 2016/17 is the percentage specified in column 2 of Table 2 below in respect of the corresponding pensionable earnings band specified in column 1 into which M’s pensionable earnings fall.”;

(ii)

for “Table: Scheme Year 2015/16”, substitute “Table 1”; and

(iii)

at the end, insert—

“

Table 2

Column 1

Pensionable earnings band

Column 2

Contribution percentage rate
Up to £16,1285.2%
£16,129 to £21,8175.8%
£21,818 to £27,3607.3%
£27,361 to £50,4669.5%
£50,467 to £72,05012.7%
£72,051 to £112,49013.7%
£112,491 and above14.7%

”

(b)

in paragraph (4), omit “in the table set out in this regulation”.

5Regulation 31

In regulation 31 (members’ contributions: practitioners and non-GP providers)—

(a)

for paragraph (3), substitute—

“(3)

M’s contribution rate—

(a)

for the scheme year 2015/16 is the percentage specified in column 2 of Table 1 in paragraph (9) in respect of the corresponding pensionable earnings band specified in column 1 into which M’s pensionable earnings fall; and

(b)

for the scheme year 2016/17 is the percentage specified in column 2 of Table 2 in paragraph (9) in respect of the corresponding pensionable earnings band specified in column 1 into which M’s pensionable earnings fall.”;

(b)

in paragraph (4), omit “specified in the Table”;

(c)

in paragraph (5), for “medical practitioner” substitute “provider”;

(d)

in paragraph (9)—

(i)

for “The Table”, substitute “The Tables are”;

(ii)

for “Table: Scheme Year 2015/16”, substitute “Table 1”;

(iii)

at the end, insert—

“

Table 2

Column 1

Pensionable earnings band

Column 2

Contribution percentage rate
Up to £16,1285.2%
£16,129 to £21,8175.8%
£21,818 to £27,3607.3%
£27,361 to £50,4669.5%
£50,467 to £72,05012.7%
£72,051 to £112,49013.7%
£112,491 and above14.7%

”

(e)

in paragraph (10), for the words after “references” substitute “in regulation 37 to “the Table” are references to the applicable Table in paragraph (9) of this regulation”.

6Regulation 32

In regulation 32(6) (contributions by employing authorities), in column 1 of the table for “ophthalmic medical practitioner” substitute “ophthalmic provider”.

7Regulation 37

In regulation 37(9)(b) (members contributions: supplementary), for “manger” substitute “manager”.

8Regulation 43

In regulation 43(2)(b)(ii) (making and varying a buy-out election), for “manger” substitute “manager”.

9Regulation 112

In regulation 112(2) (surviving adult dependant pension), for “of” substitute “or”.

10Regulation 152

In regulation 152(2)(b) (medical practitioner), for “(5)” substitute “(6)”.

11Schedule 1

In paragraph 1 of Schedule 1 (Pension Board), at the end insert—

“(3)

The scheme manager must be satisfied that a person to be appointed as a member of the Board does not have a conflict of interest.”.

12Schedule 3

In paragraph 16 of Schedule 3 (administrative matters)—

(a)

in sub-paragraph (5)(a), omit “in accordance with paragraph 17”;

(b)

in sub-paragraph (6), for “lime” substitute “time”;

(c)

in sub-paragraph (9), for “2013 Act” substitute “Finance Act 2013”; and

(d)

in sub-paragraph (10), for “change” substitute “charge”.

13Schedule 5

In Schedule 5 (membership gateways)—

(a)

in Part 2 (medical contractors), in paragraph 3(b), for “practice” substitute “contractor”; and

(b)

in Part 3 (medical practitioners and dental practitioners)—

(i)

in paragraph 4(a), after “practitioner” insert “(construed in accordance with regulation 152)”; and

(ii)

in paragraph 4(b), omit “medical”.

14Schedule 7

In Schedule 7 (pension accounts)—

(a)

in paragraph 15, for “regulation 44(6)” substitute “regulation 44(4)”; and

(b)

in paragraph 25(1)(b), for “ceases to be payable” substitute “is abated to zero under”.

15Schedule 9

In Schedule 9 (determination of pensionable earnings: setting contribution rates)—

(a)

in paragraph 2(2), after “column 2 of the” insert “applicable”;

(b)

in paragraph 3—

(i)

in sub-paragraph (1), for “the table” substitute “Table 2”; and

(ii)

in sub-paragraph (2)(a), for “the table” substitute “Table 2”.

16Schedule 12

In Schedule 12 (lump sum on death), in paragraph 9(3) for “manger” substitute “manager”.

17Schedule 13

In Schedule 13 (definitions)—

(a)

in the column 2 entry relating to “medical practitioner”, for “paragraph 4 of Schedule 5” substitute “section 152”;

(b)

in the column 2 entry relating to “practitioner”, for “regulation 25(7)” substitute “regulation 27(5)”;

(c)

in column 1, for “Section 17 Agreement” substitute “Section 17C Agreement”;

(d)

in column 1, for “Section 17 Agreement provider” substitute “Section 17C Agreement provider”; and

(e)

insert the following new definitions at the appropriate places—

“

contracting-out requirementsthe requirements set out in sections 13 to 24 of the 1993 Act

”

“

GMS practice
  1. (a)

    a medical practitioner who belongs in group D in regulation 27(1);

  2. (b)

    two or more individuals practising in partnership;

  3. (c)

    a company limited by shares, with whom a Health Board has entered into a GMS contract

”

“

GOS contracta contract under section 26 of the 1978 Actf1 for the provision of the services referred to in paragraph 14 of Schedule 1 to the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006f2

”

“

ophthalmic providersee regulation 152(9)

”

Signature

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

4th February 2016

We consent

DAVID EVENNETT

MEL STRIDE

Two of the Lords Commissioners of Her Majesty’s Treasury

10th February 2016

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the National Health Service Pension Scheme (Scotland) Regulations 2015. Regulations 4, 5 and 15 include provision inserting new employee contributions tables which reflect the NHS pay uplift from 1st April 2015 and making consequential changes. Otherwise, these Regulations are concerned with correcting errors in, and otherwise clarifying, the 2015 Regulations.