The National Health Service Pension Scheme (Scotland) Regulations 2015
S.S.I. 2015/94 · Made 2 March 2015 · Extends to Scotland
Public Service Pensions
Made 2nd March 2015
Laid before the Scottish Parliament 3rd March 2015
Coming into force 1st April 2015
M1The 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 2013 and all other powers enabling them to do so.
In accordance with section 21(1) of that Act, the Scottish Ministers consulted the representatives of such persons as appeared to the Scottish Ministers likely to be affected by these Regulations.
In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.C1C2
Annotations to the whole text
Marginal citations
- M1
Modifications
- C1
Regulations modified (25.3.2022 immediately after the expiry of 2020 c. 7, s. 46) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/117), regs. 1(3), 5
- C2
Instrument modified (temp.) (with effect in accordance with reg. 1(3) of the amending S.S.I.) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/272), regs. 1(1), 2, 5
Contents
- Part 1: Preliminary
- 1Citation, extent and commencement
- 2Establishment of the NHS Pension Scheme (Scotland) 2015
- Part 2: Governance
- Chapter 1: Management
- 3Scheme manager
- 4Pension board
- 5Scheme advisory board
- Chapter 2: Actuary and valuation
- 6Appointment of scheme actuary
- 7Actuarial valuations
- 8Employer cost cap
- 9Cost of scheme exceeds margins
- 10Procedure for agreeing steps to achieve target cost
- 11No agreement reached
- 12Approval mechanism
- 13Target cost
- Chapter 3: General
- 14Administrative matters
- Part 3: Scheme membership
- Chapter 1: Joining and leaving
- 15Joining and leaving the scheme
- 16Re-joining the scheme
- 17Automatic enrolment legislation
- Chapter 2: Membership
- 18Membership
- 19Restrictions on membership
- Chapter 3: Pensionable service
- 20Pensionable service
- 21Absence from work
- 22Qualifying service
- 23Effect of break in pensionable service
- Chapter 4: Pension accounts
- 24Establishment of pension accounts
- 25Closure of pension accounts on transfer out or repayment of balance of contributions
- 26Calculation of amount of accrued pension
- Part 4: Contributions
- Chapter 1: Determination and payment
- 27Pensionable earnings
- 27ARegulation 27A Pensionable earnings: scheme years 2015/16 to 2023/24
- 28Pensionable earnings: break in service
- 29Pensionable earnings: more than one employment
- 30Members' contributions: employees
- 31Members' contributions: practitioners and non-GP providers
- 32Contributions by employing authorities
- 33Employing authority contributions: interests of efficiency
- 34Employing authority contributions: redundancy
- 35Interest and administration charges: late paid contributions
- 36Member contributions: records and estimates
- 37Members contributions: supplementary: medical practitioners, non-GP providers
- 38Members contributions: supplementary: dental practitioners
- Chapter 2: Refund: short service
- 39Eligibility for refund
- 40Amount of refund
- 41Effect of refund
- Chapter 3: Buy-out: actuarial reduction
- 42Eligibility to make a buy-out election
- 43Making and varying a buy-out election
- 44Accepting a buy-out election
- 45Overall limit on extra pension
- 46Determination of contributions payable
- 47Payment of buy-out contributions
- 48Suspension of buy-out: hardship
- 49Revoking a buy-out election
- Chapter 4: Allocation
- 50Election to allocate pension
- 51Amount of allocation
- 52Procedure for election under regulation 50
- 53Effect of allocation
- Chapter 5: Additional pension
- 54Election to pay contributions for additional pension
- 55Annual rate of additional (self only) pension
- 56Lump sum or periodic payments
- 57Making an additional pension election
- 58Accepting an additional pension election
- 59Determination of contribution payable
- 60Overall limit on extra pension
- 61Lump sum contributions: payment of contributions and credit of additional pension
- 62Refund of lump sum contribution
- 63Periodic Contributions
- 64Retirement pension (other than ill-health pension) becomes payable before the end of the contributions payment period
- 65Revoking an additional pension election (periodic payments)
- 66Revocation of election by scheme manager (lump sum)
- 67Effect of being absent or leaving and rejoining scheme during contributions payment period
- 68Death in service before end of contributions payment period
- 69Ill-health pension becomes payable before end of contributions payment period
- 70Effect of part payment of contributions
- Part 5: Members' benefits
- Chapter 1: Qualification
- 71Qualifying for retirement benefits
- Chapter 2: Age retirement
- 72Entitlement to age retirement pension
- 73Annual rate of age retirement pension
- 74Late payment of pension with actuarial increase
- 75Pension credit member
- 76Conversion of part of pension into lump sum
- 77Entitlement day
- Chapter 3: Early and premature retirement
- 78Early retirement
- 79Entitlement day
- 80Premature retirement in the interests of efficiency
- 81Premature retirement on grounds of redundancy
- 82Premature retirement entitlement day
- Chapter 4: Partial retirement
- 83Election for partial retirement (members over normal minimum pension age)
- 84Effect of election
- 85Terms of employment improve after election
- 86Member becomes subject to reduction following abatement
- 87Payment of pension after abatement
- 88Application of regulations 83 to 87: concurrent employments
- Chapter 5: Ill-health pension
- 89Entitlement to ill-health pension
- 90Member's incapacity
- 91Annual rate of ill-health pension
- 92Re-assessment of entitlement
- 93Early retirement on ill-health (deferred members)
- 94Effect of re-employment on Upper Tier IHP
- 95Renewed entitlement to Upper Tier IHP
- 96Re-employed Lower Tier IHP members
- Chapter 6: Dual capacity and multiple employment
- 97Dual capacity membership: pension benefits
- 98Deferred pension becomes payable during NHS re-employment following transfer of undertaking
- 99Retirement benefits for members with more than one employment
- Chapter 7: Abatement on re-employment
- 100Application of Chapter
- 101Information
- 102Reduction of pension
- 103Relevant income and enhancement amount
- 104Previous earnings: general
- 105Previous earnings: continuing and concurrent employments
- 106Multiple pensions
- 107Adjustment of reductions
- Chapter 8: Serious ill health option
- 108Option for members in serious ill health to exchange pension for lump sum
- Chapter 9: Contracting out obligations
- 109Guaranteed minimum pension etc
- Chapter 10: Pension debit members
- 110Reduction in pension debit member's benefits
- Part 6: Survivor benefits
- Chapter 1: Adult survivor
- 111Lump sum on death
- 112Surviving adult dependant pension
- 113Surviving scheme partner
- 114Amount of pension: survivor of active member
- 115Amount of pension: survivor of pensioner member
- 116Amount of pension: deferred members
- 117Recent leavers
- 118Re-employed pensioners: adult survivor pensions in initial period
- 119Polygamous marriage
- Chapter 2: Child survivor
- 120Surviving child's pension
- 121Eligible child
- 122Amount of child pension: deceased active member
- 123Amount of child pension: deceased pensioner member
- 124Amount of child pension: deceased deferred member
- 125Amount of child pension: recent leavers
- 126Power to increase pension for children not maintained by surviving parent etc.
- 127Amount of child pension: re-employed pensioners
- 128Provisional awards of eligible child's pensions: later adjustments
- Chapter 3: General
- 129Suspension and recovery of pensions paid under this Part
- Part 7: Transfers
- Chapter 1: Preliminary
- 130Application of Part
- 131Interpretation of Part
- Chapter 2: Transfers values
- Application of Chapter
- 132Application of Chapter
- Transfers out
- 133Right to transfer value payment
- 134Application for statement of entitlement
- 135Application for transfer value payment
- 136Transfer value payments: time limits
- 137How transfer value payments may be applied
- 138Calculating amounts of value or club transfer value
- 139Effect of transfer-out
- Transfers in
- 140Right to apply for acceptance of transfer value payment
- 141Application procedure
- 142Acceptance of transfer value payment
- 143Calculation of increase to pensionable earnings
- 144Transfer from 1995 or 2008 Section
- 145Transfers from corresponding 1995 and 2008 schemes
- Bulk transfers
- 146Bulk transfers out
- 147Bulk transfers in
- Chapter 3: Miscellaneous transfers
- 148EU and overseas transfers
- Part 8: General
- 149Definitions
- 150OOH provider
- 151Guarantees, bonds and indemnities
- 152Medical practitioner
- Signature
- Schedule 1: Pension Board
- 1Composition of the pension board
- 2Terms of office of members
- 3Disqualification from appointment as a member
- 4Appointment, term of office and cessation of office of the chair
- 5Conflicts of interest
- 6Information
- Schedule 2: Scheme advisory board
- 1Composition of the scheme advisory board
- 2Disqualification from appointment as a member
- 3Appointment, term of office and cessation of office of chair
- 4Quorum of the scheme advisory board
- 5Conflicts of interest
- Schedule 3: Administrative matters
- Part 1: Accounts and information
- 1Scheme accounts and actuarial valuations
- 2Scheme information
- 3Benefit information statements
- Part 2: Claims and payments
- 4Claims for benefits
- 5Provision of information: continuing entitlement to benefits
- 6Trivial commutation lump sum
- 7Beneficiaries who are incapable of looking after their affairs
- 8Power to extend time limits
- Part 3: Interest
- 9Interest on late payment of benefits and refunds of member contributions
- Part 4: Assignation, offset and forfeiture, etc.
- 10Prohibition on assignation or charging of benefits
- 11Offset of benefits
- 12Forfeiture of rights to benefits
- Part 5: Insolvency
- 13Bankruptcy of person entitled to benefits
- Part 6: Determinations
- 14Determination of questions
- 15Determinations - advice by medical practitioners
- Part 7: Taxation
- 16Deduction of tax
- 17Prohibition on unauthorised payments
- Schedule 4: Opting out and re-joining
- 1Opting out of the scheme
- 2Re-joining the scheme
- Schedule 5: Membership gateways
- Part 1: NHS organisations
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Medical contractors
- 3Paragraph 3
- Part 3: Medical practitioners and dental practitioners
- 4Paragraph 4
- 5Paragraph 5
- Part 4: Determination employers
- 6Paragraph 6
- Schedule 6: Persons to whom the scheme may be extended
- 1Paragraph 1
- Schedule 7: Pension accounts
- Part 1: Interpretation
- 1Interpretation
- 2Pensionable service
- 3Meaning of “leaver index adjustment”
- 4Meaning of “leaver AP index adjustment”
- 5Meaning of “full retirement earned pension”
- 6Meaning of “full retirement additional pension”
- 7Meaning of “partial retirement earned pension”
- 8Meaning of “partial retirement additional pension”
- 9Meaning of “actuarial reduction”
- 10Meaning of “conversion amount'
- Part 2: Active member's account
- 11Establishment of active members account
- 12Receipt of club transfer values
- 13Amount of pension for a scheme year
- 14Account to specify opening balance and index adjustment
- 15Actuarial reduction buy-out
- Part 2A: Active member’s account for unqualified members
- 15AClosure of an active member’s account
- 15BActive member’s account for unqualified member re-established after break not exceeding 5 years
- 15CActive member’s account for unqualified member remains closed after break exceeding 5 years
- Part 3: Deferred member's account
- 16Establishment of deferred member's account
- 17Account to specify amount of accrued earned pension and leaver index adjustment
- 18Deferred member's account closed after break not exceeding 5 years
- 19Deferred member's account remains open after a break in service of more than 5 years
- Part 4: Pensioner member's account
- 20Pension accounts for active or deferred members who become pensioner members
- 21Pension accounts for partial retirement members
- Part 5: Additional pension account
- 22Establishment of additional pension account
- 23Account to specify amount of additional pension
- 24Account to specify opening balance and AP index adjustment
- 25Partial retirement pension ceases to be payable
- Part 6: Pension credit member's account
- 26Pension credit member's pension account
- 27Separate account for each capacity of membership
- Part 7: Calculation of accrued pension
- 28Calculation of amount of accrued pension for purposes of full retirement
- 29Calculation of amount of accrued pension for purpose of partial retirement
- 30Calculation of amount of accrued pension for purposes of deferment
- Schedule 8: Practitioner Income
- 1Interpretation
- 2Medical practitioner
- 3Dental practitioner
- 4Allocation of practice income
- 5Partners' NHS employment earnings
- 6Paragraph 4 and 5 election and calculation
- 7Locum practitioner
- Schedule 9: Determination of pensionable earnings: setting contribution rates
- 1Introduction
- 2Continuous employment spanning two scheme years
- 2AMembers who do not fall within any of the cases in paragraph 2
- 3Change to employment or rate of pensionable earnings or allowances
- 4Small payments: changed circumstances
- 5Payments for unsocial hours
- Schedule 10: Practitioner Contribution Payments
- Part 1: Accounts
- 1Medical practitioners and non-GP providers
- 2Medical practitioners not members of a practice
- 3Information to be provided to scheme manager
- 4Failure of member to comply with this Schedule
- 5Certificates, notices and statements
- Part 2: Payment arrangements
- 6Medical practitioners and non-GP providers
- 7Dentists
- 8Payment of contributions to the contracting Health Board (or someone who is acting on its behalf)
- 9Recovery of unpaid contributions
- Schedule 11: Calculation of pension
- Part 1: Age retirement pension
- 1Annual rate of age retirement pension
- 2Late payment of pension with actuarial increase
- Part 2: Conversion of part of pension into lump sum
- 3Conversion of part of pension
- 4Member declaration
- 5Protection of guaranteed minimum pension
- Part 3: Early retirement pension
- 6Calculation of amount of early pension
- Part 4: Premature retirement pension
- 7Calculation of amount of premature retirement pension
- Schedule 12: Lump sum on death
- 1Interpretation
- 2Death of active member
- 3Death of deferred member
- 4Death of pensioner member
- 5Death of recent leaver
- 6Death of re-employed pensioner
- 7Death of a partial retirement pensioner
- 8Death of pension credit member
- 9Payment of lump sums on death
- Schedule 13Definitions
- Explanatory note