The National Health Service Superannuation Scheme (Scotland) Regulations 2011
S.S.I. 2011/117 · Made 15 February 2011 · Extends to Scotland
National Health Service
Made 15th February 2011
Laid before the Scottish Parliament 18th February 2011
Coming into force 1st April 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 10 and 12 of, and Schedule 3 to, the Superannuation Act 1972 M1, and of all other powers enabling them to do so.
In accordance with section 10(1) of that Act, these Regulations are made with the consent of the Treasury M2.
In accordance with section 10(4) of that Act, the Scottish Ministers have consulted with such representatives of persons likely to be affected by these Regulations as appear to them to be appropriate.C1C2C3C4
Annotations to the whole text
Marginal citations
- M1
1972 c.11; sections 10 and 12 were amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7) sections 4(2), 8(5) and 10; section 10(6) was amended by the Pension Schemes Act 1993 (c.48), Schedule 8, paragraph 7 and by the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), article 108. The functions of the Secretary of State, in or as regards Scotland, were transferred to Scottish Ministers by virtue of article 2 of and Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).
- M2
See the Superannuation Act 1972, section 10(1). This function was transferred to the Treasury by virtue of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670), article 2 and is still exercisable by virtue of S.I. 1999/1750, article 2 and Schedule 1.
Modifications
- C1
Regulations applied (with modifications) (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/95), regs. 1(b), 25(7)(b)
- C2
Regulations applied (with modifications) (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015 (S.S.I. 2015/95), regs. 1(b), 25(8)(b)
- C3
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), 3
- C4
Regulations modified (temp.) (with effect from 1.11.2022 until 31.3.2025) by The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/272), regs. 1(1)(3), 2, 3
Contents
- Part A: PRELIMINARY
- A1Citation and commencement
- A2Interpretation
- A3Approved Out of Hours providers
- A4Civil partnerships and marriage of same sex couples
- Part B: MEMBERSHIP OF THE SCHEME
- B1Membership of this Section of the scheme
- B2Age limits and restrictions on membership
- B3Restrictions on further participation in this Section of the scheme
- B4Opting out of this Section of the scheme
- B5Joining or rejoining this Section of the scheme after opting out
- B6Opting into this Section of the scheme: mis-sold pensions
- Part C: PENSIONABLE PAY, PENSIONABLE SERVICE AND QUALIFYING SERVICE
- C1Meaning of “pensionable pay”
- C2Meaning of “pensionable service”
- C3Meaning of “qualifying service”
- C4Pensionable service in respect of part-time employment
- Part D: CONTRIBUTIONS TO THE SCHEME
- D1Contributions by members
- D2Contributions and other payments by employing authorities
- D3Further contributions by employing authorities in respect of excessive pay increases
- Part E: BENEFITS FOR MEMBERS
- E1Normal retirement pension
- E2Early retirement pension on ill health grounds (pre 1st April 2008)
- E3Early retirement pension on ill health grounds (post 1st April 2008)
- E4Re-assessment of ill health condition determined under regulation E3
- E5Further employment after a benefit is paid under regulation E3
- E6Early retirement pension (redundancy etc.)
- E7Early retirement pension (redundancy etc. new starters and post-transition)
- E8Early retirement pension (redundancy etc. notifications)
- E9Early retirement pension (redundancy and special classes)
- E10Continuing entitlement to a pension under regulation E1 or E11
- E11Early retirement pension (with actuarial reduction)
- E11APartial retirement pension
- E11BIncrease in pensionable pay following exercise of option under regulation E11A
- E11CApplication of regulations E11A and E11B with modifications where concurrent part-time employments held
- E12Preserved pension
- E13Lump sum on retirement
- E14Deductions from lump sum
- E15Early leavers' entitlement to refund of contributions
- E16Payment of interest with refund of contributions
- E17General option to exchange part of pension for lump sum
- Part F: LUMP SUM ON DEATH
- F1Lump sum when member dies in pensionable employment
- F2Lump sum when member dies after pension becomes payable (other than a pension under regulation E11A)
- F2AMember dies after a pension under regulation E11A becomes payable
- F3Lump sum where member dies with preserved pension
- F4Lump sum when member dies within 12 months after leaving pensionable employment without immediate or preserved pension
- F5Payment of lump sum
- Part G: SURVIVING PARTNER PENSIONS
- G1Widow's pension
- G2Widow's pension when member dies in pensionable employment
- G3Widow's pension when member dies after pension becomes payable
- G4Widow's pension when member dies with preserved pension
- G5Widow's pension when member dies within 12 months after leaving pensionable employment without immediate or preserved pension
- G6Widow's pension when member marries after leaving pensionable employment
- G7Widower's pension
- G8Dependent widower's pension
- G9Increased widower's pension
- G10Surviving civil partner's pension
- G11Dependent surviving civil partner's pension Repealed
- G12Purchase of surviving civil partner's pension in respect of service prior to 6th April 1988 Repealed
- G13Increased surviving civil partner's pension Repealed
- G14Surviving scheme partner’s pension
- G15Dependent surviving scheme partner’s pension
- G16Purchase of surviving partner's pension in respect of service before 6th April 1988
- G17Increased surviving partner's pension
- Part H: DEPENDENT CHILD ALLOWANCE
- H1Dependent child
- H2Payment of dependent child's allowance
- H3Child allowance when member dies in pensionable employment
- H4Child allowance when member dies after pension becomes payable
- H5Child allowance when member dies with preserved pension
- H6Child allowance when member dies within 12 months after leaving pensionable employment without immediate or preserved pension
- H7Increase of child allowance when child not dependent on surviving parent or spouse, civil partner or scheme partner of a parent
- Part J: ALLOCATION TO A SPOUSE OR DEPENDANT
- J1Allocation of pension by member for benefit of dependant
- J2Limits on allocation
- J3Date on which allocation has effect
- J4Death of member after allocation
- Part K: CONTRACTING OUT AND GUARANTEED MINIMUM PENSIONS
- K1Contracting-out conditions to be overriding
- K2Guaranteed minimum pensions
- K3Late retirement
- K4Early leavers
- K5Guaranteed minimum pensions transferred to this Section of the scheme
- K6Protected rights transferred to this Section of the scheme
- K7State scheme premiums
- Part L: EARLY LEAVERS RETURNING TO PENSIONABLE EMPLOYMENT
- L1Treatment of pensionable service of early leavers returning to pensionable employment
- L2Calculation of benefits
- L3Preserved pension to count as qualifying service
- L4Continuation of additional contributions
- Part M: TRANSFER-OUT ARRANGEMENTS AND BUY-OUTS
- M1Member's right to a transfer or a buy-out
- M2Exercising a right to a transfer or a buy-out
- M3Amount of member's cash equivalent
- M4Applications for transfer value payments - general
- M5Applications for transfer value payments: time limits
- M6Special terms for transfer out (bulk transfers etc.)
- M7Member's right to transfer a preserved pension to the 2008 Section
- M7AMember’s right to transfer a preserved pension to the 2015 Scheme
- M8Waiver of transfer payments
- Part N: TRANSFERS-IN FROM OTHER PENSION ARRANGEMENTS
- N1Member's right to transfer accrued rights to benefits to this Section of the scheme
- N2Transfers in from health service schemes
- N3Transfers made under the Public Sector Transfer Arrangements
- N4Transfers that are not made under the Public Sector Transfer Arrangements
- N5Transfers in respect of members to whom regulation B6 applies who elect to join or rejoin this Section of the scheme after opting out
- N6Special terms for transfers in (bulk transfers etc.)
- Part P: ABSENCE FROM WORK
- P1Maternity, paternity and adoption absence
- P2Absence because of illness or injury
- P3Absence for reasons other than illness or injury
- Part Q: RIGHT TO BUY ADDITIONAL SERVICE, UNREDUCED LUMP SUM AND ADDITIONAL PENSION
- Q1Right to buy additional service
- Q2Right to buy an unreduced retirement lump sum
- Q3Paying for additional service by single payment
- Q4Paying for unreduced retirement lump sum by single payment
- Q5Paying by regular additional contributions
- Q6Electing to buy additional service or unreduced retirement lump sum
- Q7Part payment for additional service or unreduced retirement lump sum
- Q8Option to pay additional periodical contributions to purchase additional pension
- Q9Effect of member being absent or leaving and rejoining this Section of the scheme during the contribution option period
- Q10Member's option to pay lump sum contributions to purchase additional pension
- Q11Payment of additional lump sum contributions by employing authority
- Q12Exercise of options under regulations Q8, Q10 and Q11
- Q13Cancellation and cessation of options under regulation Q8
- Q14Effect of payment of additional contributions under this Part
- Q15Effect of death or early payment of pension after option exercised under regulation Q8, Q10 or Q11
- Q16Effect of part payment of periodical contributions
- Q17Revaluation of increases bought under options: members' pensions
- Part R: SPECIAL PROVISIONS FOR CERTAIN MEMBERS
- R1Medical and dental practitioners and trainee practitioners
- R2Nurses, physiotherapists, midwives and health visitors
- R3Mental health officers
- R4Members doing more than one job
- R5Transferred officers (supplementary payments)
- R6Members entitled to fees for domiciliary consultations
- R7Former members of health service schemes
- R8Members whose earnings are reduced
- R9Polygamous marriages
- R10Members who work temporary additional sessions
- R11Officers on the staff of special hospitals
- R12Part-time specialists with service before 15th December 1966
- R13Participators in pilot schemes
- R14Pension sharing on divorce or nullity of marriage or dissolution or nullity of a civil partnership
- Part S: MEMBERS WHO RETURN TO PENSIONABLE
- Chapter EMPLOYMENT AFTER PENSION BECOMES PAYABLE
- S1Suspension of pension on return to NHS employment Repealed
- S2Reduction of pension on return to NHS employment
- S3Benefits in respect of pensionable employment after pension becomes payable under regulation E2
- S4Benefits in respect of pensionable employment after pension becomes payable under regulation E3
- S5Benefits on death in pensionable employment after pension under regulation E2 becomes payable
- S6Benefits on death in pensionable employment after pension under regulation E3 becomes payable
- Part T: GENERAL RULES ABOUT BENEFITS
- T1Claims for benefits
- T1AProvision of information: continuing entitlement to benefit
- T2Deduction of tax
- T3Deduction of tax: further provisions
- T4Benefits not assignable
- T5Beneficiary who is incapable
- T6Offset for crime, fraud or negligence
- T7Loss of rights to benefits
- T8Commutation of trivial pensions
- T9Reduction in benefits to take account of benefits under the National Insurance Acts
- T10Interest on late payment of benefits
- T11Interest and administration charges: late paid contributions
- Part U: ADMINISTRATIVE MATTERS
- U1Extension of time limits
- U2Determination of questions
- U3Accounts and actuarial reports
- U4Cost Sharing Repealed
- U5Benefit information statements
- Part V: PENSION SHARING ON DIVORCE OR NULLITY OF MARRIAGE OR ON DISSOLUTION OR NULLITY OF A CIVIL PARTNERSHIP
- Chapter PRELIMINARY PROVISIONS
- V1Interpretation
- SHARING OF RIGHTS
- V2Pension sharing mechanism in the Scheme
- V3Pension sharing order activates pension sharing creating pension debits and credits
- V4Calculation of “appropriate amount”
- V5Pension debits and reduction of benefit
- V6Effect of pension sharing on protected rights and guaranteed minimum pension
- MODE OF DISCHARGE AND “IMPLEMENTATION PERIOD”
- V7Discharge of pension credit liability
- V8Adjustment to the amount of the pension credit payments made without the knowledge of the pension debit
- V9“Implementation period” for discharge of pension credit
- V10Failure to discharge liability in respect of pension credit within the implementation period – Death of ex-spouse or ex-civil partner within period
- APPROPRIATE RIGHTS/PENSION CREDIT BENEFITS
- V11“Appropriate rights”/ “Pension credit benefits” under the Scheme
- V12Pension credit benefit before attaining normal benefit age (with actuarial reduction)
- V13Pension credit member dies after pension credit benefit becomes payable
- V14Pension credit member dies before pension credit benefit becomes payable
- V15Additional contributions and additional periods
- V16Commutation: small pensions
- V17Commutation: exceptional ill-health
- V18Pension Transfers
- MISCELLANEOUS
- V19Charges in respect of pension sharing costs
- V20Excluded membership
- V21General rules about benefits
- V22Interest on late payment of benefits
- V23Assignment
- V24Administrative matters
- Part W: MISCELLANEOUS AND SUPPLEMENTARY
- W1Options to persons detrimentally affected by these Regulations
- W2Revocations, savings and transitional provisions
- Signature
- Schedule 1: MEDICAL AND DENTAL PRACTITIONERS
- Part I: DEFINITIONS AND MODIFICATIONS
- 1Additional definitions used in this Schedule
- 2Application of Regulations with modifications
- 3Membership: locum practitioners
- 4Modifications of provisions having effect from 1st April 2001 (locum practitioners) (retrospective effect when admitted to supplementary lists)
- Part II: PENSIONABLE EARNINGS
- 5Meaning of “pensionable earnings”
- 6Calculating “pensionable earnings” of practitioners in partnership
- 7Election relating to calculation of “pensionable earnings” in partnerships
- 8Meaning of “pensionable earnings” in relation to other practitioners
- 9Exclusions and deductions from pensionable earnings — all practitioners
- 10Limit on pensionable earnings — dental practitioners
- Part III: OFFICER SERVICE TREATED AS PRACTITIONER SERVICE
- 11Officer service treated as practitioner service
- 12Locum practitioners: breaks between contracts
- 13Practitioners with benefits from both practitioner and officer service
- Part IV: CONTRIBUTIONS TO THE SCHEME
- 14Contributions to this Section of the scheme
- Part V: BENEFITS FOR MEMBERS
- 15Pensions for members — normal retirement pension
- 16Early retirement pension — ill health
- 16APartial retirement pension
- 17Lump sum on member's death in pensionable employment or after pension becomes payable
- Part VI: BENEFITS FOR DEPENDANTS
- 18Widow's, widower's, surviving civil partner's or surviving nominated partner's pension on member's death in pensionable employment
- 19Increased widower's pension
- 20Increased surviving civil partner's pension Repealed
- 21Increased dependent surviving scheme partner’s pension
- 22Increased surviving partner pension
- 23Child allowance - member dies in pensionable employment
- 24Preserved pension
- Part VII: ABSENCE FROM WORK
- 25Members away from work and maternity absence
- Part VIII: RIGHT TO BUY ADDITIONAL BENEFITS
- 26Right to buy additional benefits
- Part IX: TRANSFERS FROM OTHER PENSION ARRANGEMENTS
- 27Transfer from other pension arrangements
- Part X: CONCURRENT EMPLOYMENT
- 28Members doing more than one job
- Part XI: MEMBERS WHO RETURN TO NHS EMPLOYMENT AFTER PENSION BECOMES PAYABLE
- 29Reduction of pension
- 30Benefits on death in pensionable employment after pension becomes payable
- Part XII: ACCOUNTS
- 31Accounts and actuarial reports
- Schedule 2: PENSION SHARING ON DIVORCE OR NULLITY OF MARRIAGE OR DISSOLUTION OR NULLITY OF A CIVIL PARTNERSHIP
- 1Retirement pension and retirement lump sum
- 2Lump sum on death
- 3Widows, widowers and surviving civil partners
- 4Dependent child allowance
- 5Contracting out and guaranteed minimum pension
- 6Transfer-out arrangements and buy-outs
- 7Right to buy additional service and unreduced lump sum
- 8Members who return to pensionable employment after pension becomes payable
- 9Offset for crime, fraud or negligence
- 10Paragraph 10
- Schedule 3PURCHASE OF ADDITIONAL SERVICE AND UNREDUCED RETIREMENT LUMP SUM
- Schedule 4REVOCATIONS
- Explanatory note