# The National Health Service Superannuation Scheme (Scotland) Regulations 2011, Regulation R12: Part-time specialists with service before 15th December 1966


(1) Subject to paragraph (2), this regulation applies where it would result in the payment of greater benefits than would otherwise be the case to and in respect of members who—
(a) are in whole-time pensionable employment immediately before benefits become payable to or in respect of them under this Section of the scheme; and
(b) have previous pensionable service as specialists in respect of part-time employment before 15th December 1966, where that part-time employment occupied substantially the whole of the member's time.
(2) This regulation applies, subject to paragraph (3), only for the purpose of calculating benefits for pensionable service in respect of—
(a) any period of whole-time employment;
(b) any period of part-time employment as a specialist before 1st January 1980, if the part-time employment occupied substantially the whole of the member's time; and
(c) any period of employment as a maximum part-time consultant during which the member satisfies the requirements of paragraph (4).
(3) This regulation does not apply to pensionable service in respect of any period of employment as a practitioner.
(4) A member satisfies the requirements of paragraph (2) if the member holds a whole-time consultant post and either—
(a) the member receives at least 10/11ths of the pensionable pay that the member would have received for whole-time pensionable employment, or
(b) the member was appointed before 1st January 1980 and retains the right, to which the member was entitled on 31st December 1979, to be paid at least 9/11ths of the pensionable pay that the member would have received for whole-time pensionable employment.
(5) If it would be more favourable to the member or other person entitled to the benefits—
(a) benefits for the pensionable service mentioned in paragraph (2) will be based on the full length of that pensionable service rather than (in the case of pensionable service in respect of part-time employment) the whole-time equivalent of that pensionable service;
(b) if the full length of the pensionable service mentioned in paragraph (2) is not a whole number of years, any additional period of more than 182 days will be treated as half a year and any additional period of 182 days or less will be ignored; and
(c) the benefits in respect of that pensionable service will be calculated by reference to the yearly average of the member's pensionable pay during the last 3 years of pensionable employment, instead of by reference to the member's final year's pensionable pay.

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Source: https://www.legislation.gov.uk/ssi/2011/117/regulation/R12 (the official version)
Page: https://openlegislation.uk/national-health-service-superannuation-scheme-scotland-regulations-2011/regulation-R12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.