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Paragraph 3 Change to employment or rate of pensionable earnings or allowances

Scotland

(1)

If, at any time during the current scheme year, a member starts a new employment, the member must pay contributions in respect of the employment at the rate specified in column 2 of F1Table 3 in paragraph (3) of regulation 30 in respect of the amount of pensionable earnings referred to in column 1 of that table which corresponds to the member's pensionable earnings determined in accordance with sub-paragraph (5).

(2)

If at any time during the current scheme year, a change is made to a member's annual rate of pensionable earnings or pensionable allowances in respect of an existing employment, the member must pay contributions—

(a)

from the first day of the next pay period immediately following the pay period in which the change is made at the rate specified in column 2 of F2Table 3 in paragraph (3) of regulation 30 in respect of the amount of pensionable earnings referred to in column 1 of that table which corresponds to the member's pensionable earnings determined in accordance with sub-paragraph (5); and

(b)

as if the member's employment had started on that date.

(3)

Sub-paragraph (2) does not apply to a change made to a member's annual rate of pensionable allowances in respect of an existing employment that is determined by the member's employer to have been made in respect of—

(a)

unplanned changes to the member's duties, or

(b)

changes to the member's duties that are unlikely to last for more than 12 months.

F3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5)

Where sub-paragraph (1) or (2) applies the scheme manager must determine the member’s pensionable earnings by applying the formula—

EPE×365NDPE

Where, for the purposes of this sub-paragraph—

  • EPE is the pensionable earnings that the member’s employing authority estimates will be payable to the member from the date the employment mentioned in that sub-paragraph starts to the end of the current scheme year F5(including amounts equal to reduced pensionable earnings that the member is treated as having received during an absence from work (see regulation 28)); and

  • NDPE is the number of days pensionable employment from the date the employment starts to the end of that year.

(6)

Sub-paragraph (7) applies if—

(a)

sub-paragraph (1) applies to a member; and

(b)

at the time the member becomes an active member in an employment falling within group A, B or C in regulation 27(1) it is apparent that the member's pensionable earnings in the employment includes a variable amount.

(7)

The variable amount mentioned in sub-paragraph F6(6) is to be taken as such amount as the employing authority considers appropriate for the current scheme year.

Annotations

Textual amendments

F1

Words in sch. 9 para. 3(1) substituted (with effect in accordance with reg. 1(5) of the amending S.S.I.) by The National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/28), regs. 1(2), 26(a)

F2

Words in sch. 9 para. 3(2)(a) substituted (with effect in accordance with reg. 1(5) of the amending S.S.I.) by The National Health Service Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/28), regs. 1(2), 26(b)

F3

Sch. 9 para. 3(4) omitted (with effect in accordance with reg. 1(5) of the amending S.S.I.) by virtue of The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/272), regs. 1(1), 56(d)(i)

F4

Sch. 9 para. 3(5) substituted (with effect in accordance with reg. 1(5) 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), 56(d)(ii)

F5

Words in sch. 9 para. 3(5) inserted (with effect from 1.10.2022) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025 (S.S.I. 2025/259), regs. 1(1)(6), 31(4)

F6

Words in sch. 9 para. 3(7) substituted (with effect in accordance with reg. 1(5) 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), 56(e)