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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend the Pensions Increase (Approved Schemes) (National Health Service) (Scotland) Regulations 1976 (“the principal Regulations”).

The principal Regulations provide for payments to certain persons who, having elected to secure their superannuation benefits through schemes which operate by way of insurance policies to produce lump sums or annuities, or both, on retirement (persons who so elect being known as “optants”), have retired from employment in the National Health Service, and would have been eligible for increases under the Pensions (Increase) Act 1971 had they been pensionable under the National Health Service Superannuation Scheme.

The main provisions of these Regulations are regulations 6 and 7.

Regulation 6 adds new regulations 4A and 4B to the principal Regulations.

  • The new regulation 4A extends the application of the principal Regulations to NHS optants who ceased to be employed by an employing authority or ceased to be such optants without ceasing to be so employed then and who later became superannuable under NHS (Superannuation) (Scotland) Regulations but did not have sufficient reckonable service as optants, or had not attained the requisite age, to qualify for pensions increase payments. The extension is achieved by allowing them to add the length of time during which they have been superannuable under the NHS (Superannuation) (Scotland) Regulations to the length of the time they have spent in reckonable service as optants and add that same length of time to their age at the time of cessation.

  • The new regulation 4B extends the application of the principal Regulations to NHS optants who, when they ceased to be employed by an employing authority, did not have sufficient reckonable service as optants, or had not attained the requisite age, to qualify for pensions increase payments. If within 12 months, or a longer period if the Secretary of State allows, of ceasing to be so employed they entered employment outside of the NHS but which was in health or allied services, or in the civil service, local government, education, or police or fire services, and if the civil service or local government regulations do not apply to them, they may within 6 months after this regulation comes into force apply for that employment outside the NHS to count as service for the purpose of satisfying the minimum service requirements to qualify for a pension (but not for the purpose of calculating any actual pensions increase—see regulation 8) and to add that same length of time to their age at the time of cessation, for the purpose of qualifying for a pension.

Regulation 7 adds new regulations 4C and 4D to the principal Regulations.

  • The new regulation 4C extends the application of the principal Regulations to people who were similarly optants while employed in the civil service who have become superannuable under the NHS (Superannuation) (Scotland) Regulations and on ceasing to be such optants did not have sufficient reckonable service, or had not attained the requisite age, to qualify for pensions increase payments under the Pensions Increase (Federated Superannuation Scheme for Nurses and Hospital Officers) (Civil Service) Regulations 1972 or who did not qualify for such payments because they left employment in the civil service before 12th April 1972.

  • The new regulation 4D extends the application of the principal Regulations to people who were similarly optants while employed in local government who have become superannuable under the NHS (Superannuation) (Scotland) Regulations and on ceasing to be such optants did not have sufficient reckonable service, or had not attained the requisite age to qualify for pensions increase payments under the Pensions Increase (Approved Schemes) (Local Government) (Scotland) Regulations 1972 or who did not qualify for such payments because they left local authority employment before 31st March 1972.

Regulation 10 inserts a new regulation 6A into the principal Regulations which requires that a claim for pensions increase be made in writing. It also specifies, in accordance with the power conferred by section 13(5) of the Pensions (Increase) Act 1971, that benefits may be paid to the new categories of persons who become eligible under the Regulations in respect of any period after 15 May 1989.

The other amendments are minor or consequential.