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The National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015

S.S.I. 2015/95 · Made 2 March 2015 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 October 2025.

Public Service Pensions

Made 2nd March 2015

Laid before the Scottish Parliament 3rd March 2015

Coming into force 1st April 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 10 of, and Schedule 3 to, the Superannuation Act 1972f1 and sections 1, 3 and 18 of, and Schedule 3 to, the Public Service Pensions Act 2013f2 and all other powers enabling them in that behalf.

In accordance with section 10(4) of the Superannuation Act 1972 and section 21 of the Public Service Pensions Act 2013, the Scottish Ministers have consulted the representatives of such persons as appear to the Scottish Ministers likely to be affected by these Regulations.

In accordance with section 10(1) of the Superannuation Act 1972 and section 3(5) of the Public Service Pensions Act 2013, these Regulations are made with the consent of the Treasury.

Annotations to the whole text

Footnotes

f1

1972 c.11. Section 10(1) was amended by sections 57 and 58 of, and Schedule 5 to, the National Health Service Reorganisation Act 1973 (c.32) and section 4(2) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7). The functions of the Secretary of State, in or as regards Scotland, were transferred to the Scottish Ministers by virtue of S.I. 1999/1750, article 2 and Schedule 1.

f2

2013 c.25.

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: Transitional provisions
  5. Chapter 1: Eligibility
  6. 3Eligibility of pensioners
  7. Chapter 2: Notices and elections
  8. 4Carry-forward of old scheme opt-out
  9. 5Nominations, notices and declarations
  10. Chapter 3: Membership status and breaks in service
  11. 6Active member status preservation
  12. 7Qualifying service
  13. 8Members on authorised unpaid leave
  14. 9Casual staff and locums not working on eligibility date
  15. 10Disqualifying breaks in service
  16. 10AEffect of recommencing service after break
  17. Chapter 4: Contributions and final pay
  18. 11Contribution rate setting : Groups A to C
  19. 12Contribution rate setting : Group D
  20. 13Taper protection for contribution tiering
  21. 14Determination of pensionable pay, final pensionable pay and reckonable pay
  22. 15No refund of contributions in cases of inordinate pay
  23. 16Cessation of final salary link on payment of benefits
  24. 17Final salary link : mental health officers
  25. 17AFinal salary link: non-pensionable old scheme members
  26. 18Uprating of old scheme practitioner earnings
  27. 19Flexibility earnings credit : calculation
  28. 20Flexibility earnings credit : uprating
  29. 21Flexibility earnings credit : adjustment of pension payable
  30. Chapter 5: Additional contributions
  31. 22Existing additional service and unreduced lump sum contracts
  32. 23Existing additional pension contracts
  33. 24Additional contributions : ill-health
  34. 25Decoupling of benefits derived from additional contributions
  35. Chapter 6: Bulk Transfers
  36. 26Acceptance of bulk transfers
  37. Chapter 7: Retirement benefits
  38. 27Ill health benefits : continuity of existing applications
  39. 28Ill health benefits : members below old scheme normal pension age
  40. 29Ill health benefits : members above old scheme normal pension age
  41. 30Age retirement of mental health officers, nurses, physiotherapists, midwives and health visitors
  42. 31Partial retirement
  43. 32Redundancy retirement
  44. 33Premature retirement : special classes
  45. 34Interests of efficiency of the service
  46. 35Variations to lump sums for 1995 and 2008 pensioners joining new scheme (other than pensioners who have taken a partial retirement pension)
  47. 35AVariations to lump sums for 1995 and 2008 pensioners joining new scheme (pensioners who have taken a partial retirement pension)
  48. 36Abatement
  49. 36AEntitlement to additional retirement benefits
  50. 37Abatement : special classes Repealed
  51. Chapter 8: Death benefits
  52. 38Death in service
  53. Chapter 9: Option to convert service
  54. 39Option for 1995 Section members to convert to 2008 Section membership
  55. Part 3: Amendments to the old scheme
  56. 40Amendments to the old scheme
  57. Signature
  58. Schedule 1: Eligibility of pensioners
  59. 1Eligibility of 1995 Section pensioners to join new scheme
  60. 2Eligibility of 2008 Section pensioners to join new scheme
  61. Schedule 2: Amendments to the old scheme
  62. Part 1: Amendment of the 2011 Regulations
  63. 1General
  64. 2Amendment of regulation B2
  65. 3Amendment of regulation B3
  66. 4Amendment of regulation E12
  67. 5Amendment of regulation R7
  68. 6New regulation U5
  69. 7Amendment of Schedule 1
  70. Part 2: Amendment of the 2013 Regulations
  71. 8General
  72. 9Amendment of regulation 2.B.1
  73. 10Amendment of regulation 2.B.3
  74. 11Amendment of regulation 2.D.13
  75. 12Amendment of regulation 2.F.9
  76. 13Substitution of regulation 2.F.13
  77. 14New regulation 2.J.15
  78. 15Amendment of regulation 3.B.1
  79. 16Amendment of regulation 3.B.3
  80. 17New regulation 3.D.18
  81. 18Amendment of regulation 3.F.9
  82. 19Substitution of regulation 3.F.13
  83. 20New regulation 3.J.15
  84. Explanatory note