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The National Health Service Superannuation Scheme (Scotland) Regulations 2011

S.S.I. 2011/117 · Made 15 February 2011 · Extends to Scotland

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

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

  1. Part A: PRELIMINARY
  2. A1Citation and commencement
  3. A2Interpretation
  4. A3Approved Out of Hours providers
  5. A4Civil partnerships and marriage of same sex couples
  6. Part B: MEMBERSHIP OF THE SCHEME
  7. B1Membership of this Section of the scheme
  8. B2Age limits and restrictions on membership
  9. B3Restrictions on further participation in this Section of the scheme
  10. B4Opting out of this Section of the scheme
  11. B5Joining or rejoining this Section of the scheme after opting out
  12. B6Opting into this Section of the scheme: mis-sold pensions
  13. Part C: PENSIONABLE PAY, PENSIONABLE SERVICE AND QUALIFYING SERVICE
  14. C1Meaning of “pensionable pay”
  15. C2Meaning of “pensionable service”
  16. C3Meaning of “qualifying service”
  17. C4Pensionable service in respect of part-time employment
  18. Part D: CONTRIBUTIONS TO THE SCHEME
  19. D1Contributions by members
  20. D2Contributions and other payments by employing authorities
  21. D3Further contributions by employing authorities in respect of excessive pay increases
  22. Part E: BENEFITS FOR MEMBERS
  23. E1Normal retirement pension
  24. E2Early retirement pension on ill health grounds (pre 1st April 2008)
  25. E3Early retirement pension on ill health grounds (post 1st April 2008)
  26. E4Re-assessment of ill health condition determined under regulation E3
  27. E5Further employment after a benefit is paid under regulation E3
  28. E6Early retirement pension (redundancy etc.)
  29. E7Early retirement pension (redundancy etc. new starters and post-transition)
  30. E8Early retirement pension (redundancy etc. notifications)
  31. E9Early retirement pension (redundancy and special classes)
  32. E10Continuing entitlement to a pension under regulation E1 or E11
  33. E11Early retirement pension (with actuarial reduction)
  34. E11APartial retirement pension
  35. E11BIncrease in pensionable pay following exercise of option under regulation E11A
  36. E11CApplication of regulations E11A and E11B with modifications where concurrent part-time employments held
  37. E12Preserved pension
  38. E13Lump sum on retirement
  39. E14Deductions from lump sum
  40. E15Early leavers' entitlement to refund of contributions
  41. E16Payment of interest with refund of contributions
  42. E17General option to exchange part of pension for lump sum
  43. Part F: LUMP SUM ON DEATH
  44. F1Lump sum when member dies in pensionable employment
  45. F2Lump sum when member dies after pension becomes payable (other than a pension under regulation E11A)
  46. F2AMember dies after a pension under regulation E11A becomes payable
  47. F3Lump sum where member dies with preserved pension
  48. F4Lump sum when member dies within 12 months after leaving pensionable employment without immediate or preserved pension
  49. F5Payment of lump sum
  50. Part G: SURVIVING PARTNER PENSIONS
  51. G1Widow's pension
  52. G2Widow's pension when member dies in pensionable employment
  53. G3Widow's pension when member dies after pension becomes payable
  54. G4Widow's pension when member dies with preserved pension
  55. G5Widow's pension when member dies within 12 months after leaving pensionable employment without immediate or preserved pension
  56. G6Widow's pension when member marries after leaving pensionable employment
  57. G7Widower's pension
  58. G8Dependent widower's pension
  59. G9Increased widower's pension
  60. G10Surviving civil partner's pension
  61. G11Dependent surviving civil partner's pension Repealed
  62. G12Purchase of surviving civil partner's pension in respect of service prior to 6th April 1988 Repealed
  63. G13Increased surviving civil partner's pension Repealed
  64. G14Surviving scheme partner’s pension
  65. G15Dependent surviving scheme partner’s pension
  66. G16Purchase of surviving partner's pension in respect of service before 6th April 1988
  67. G17Increased surviving partner's pension
  68. Part H: DEPENDENT CHILD ALLOWANCE
  69. H1Dependent child
  70. H2Payment of dependent child's allowance
  71. H3Child allowance when member dies in pensionable employment
  72. H4Child allowance when member dies after pension becomes payable
  73. H5Child allowance when member dies with preserved pension
  74. H6Child allowance when member dies within 12 months after leaving pensionable employment without immediate or preserved pension
  75. H7Increase of child allowance when child not dependent on surviving parent or spouse, civil partner or scheme partner of a parent
  76. Part J: ALLOCATION TO A SPOUSE OR DEPENDANT
  77. J1Allocation of pension by member for benefit of dependant
  78. J2Limits on allocation
  79. J3Date on which allocation has effect
  80. J4Death of member after allocation
  81. Part K: CONTRACTING OUT AND GUARANTEED MINIMUM PENSIONS
  82. K1Contracting-out conditions to be overriding
  83. K2Guaranteed minimum pensions
  84. K3Late retirement
  85. K4Early leavers
  86. K5Guaranteed minimum pensions transferred to this Section of the scheme
  87. K6Protected rights transferred to this Section of the scheme
  88. K7State scheme premiums
  89. Part L: EARLY LEAVERS RETURNING TO PENSIONABLE EMPLOYMENT
  90. L1Treatment of pensionable service of early leavers returning to pensionable employment
  91. L2Calculation of benefits
  92. L3Preserved pension to count as qualifying service
  93. L4Continuation of additional contributions
  94. Part M: TRANSFER-OUT ARRANGEMENTS AND BUY-OUTS
  95. M1Member's right to a transfer or a buy-out
  96. M2Exercising a right to a transfer or a buy-out
  97. M3Amount of member's cash equivalent
  98. M4Applications for transfer value payments - general
  99. M5Applications for transfer value payments: time limits
  100. M6Special terms for transfer out (bulk transfers etc.)
  101. M7Member's right to transfer a preserved pension to the 2008 Section
  102. M7AMember’s right to transfer a preserved pension to the 2015 Scheme
  103. M8Waiver of transfer payments
  104. Part N: TRANSFERS-IN FROM OTHER PENSION ARRANGEMENTS
  105. N1Member's right to transfer accrued rights to benefits to this Section of the scheme
  106. N2Transfers in from health service schemes
  107. N3Transfers made under the Public Sector Transfer Arrangements
  108. N4Transfers that are not made under the Public Sector Transfer Arrangements
  109. N5Transfers in respect of members to whom regulation B6 applies who elect to join or rejoin this Section of the scheme after opting out
  110. N6Special terms for transfers in (bulk transfers etc.)
  111. Part P: ABSENCE FROM WORK
  112. P1Maternity, paternity and adoption absence
  113. P2Absence because of illness or injury
  114. P3Absence for reasons other than illness or injury
  115. Part Q: RIGHT TO BUY ADDITIONAL SERVICE, UNREDUCED LUMP SUM AND ADDITIONAL PENSION
  116. Q1Right to buy additional service
  117. Q2Right to buy an unreduced retirement lump sum
  118. Q3Paying for additional service by single payment
  119. Q4Paying for unreduced retirement lump sum by single payment
  120. Q5Paying by regular additional contributions
  121. Q6Electing to buy additional service or unreduced retirement lump sum
  122. Q7Part payment for additional service or unreduced retirement lump sum
  123. Q8Option to pay additional periodical contributions to purchase additional pension
  124. Q9Effect of member being absent or leaving and rejoining this Section of the scheme during the contribution option period
  125. Q10Member's option to pay lump sum contributions to purchase additional pension
  126. Q11Payment of additional lump sum contributions by employing authority
  127. Q12Exercise of options under regulations Q8, Q10 and Q11
  128. Q13Cancellation and cessation of options under regulation Q8
  129. Q14Effect of payment of additional contributions under this Part
  130. Q15Effect of death or early payment of pension after option exercised under regulation Q8, Q10 or Q11
  131. Q16Effect of part payment of periodical contributions
  132. Q17Revaluation of increases bought under options: members' pensions
  133. Part R: SPECIAL PROVISIONS FOR CERTAIN MEMBERS
  134. R1Medical and dental practitioners and trainee practitioners
  135. R2Nurses, physiotherapists, midwives and health visitors
  136. R3Mental health officers
  137. R4Members doing more than one job
  138. R5Transferred officers (supplementary payments)
  139. R6Members entitled to fees for domiciliary consultations
  140. R7Former members of health service schemes
  141. R8Members whose earnings are reduced
  142. R9Polygamous marriages
  143. R10Members who work temporary additional sessions
  144. R11Officers on the staff of special hospitals
  145. R12Part-time specialists with service before 15th December 1966
  146. R13Participators in pilot schemes
  147. R14Pension sharing on divorce or nullity of marriage or dissolution or nullity of a civil partnership
  148. Part S: MEMBERS WHO RETURN TO PENSIONABLE
  149. Chapter EMPLOYMENT AFTER PENSION BECOMES PAYABLE
  150. S1Suspension of pension on return to NHS employment Repealed
  151. S2Reduction of pension on return to NHS employment
  152. S3Benefits in respect of pensionable employment after pension becomes payable under regulation E2
  153. S4Benefits in respect of pensionable employment after pension becomes payable under regulation E3
  154. S5Benefits on death in pensionable employment after pension under regulation E2 becomes payable
  155. S6Benefits on death in pensionable employment after pension under regulation E3 becomes payable
  156. Part T: GENERAL RULES ABOUT BENEFITS
  157. T1Claims for benefits
  158. T1AProvision of information: continuing entitlement to benefit
  159. T2Deduction of tax
  160. T3Deduction of tax: further provisions
  161. T4Benefits not assignable
  162. T5Beneficiary who is incapable
  163. T6Offset for crime, fraud or negligence
  164. T7Loss of rights to benefits
  165. T8Commutation of trivial pensions
  166. T9Reduction in benefits to take account of benefits under the National Insurance Acts
  167. T10Interest on late payment of benefits
  168. T11Interest and administration charges: late paid contributions
  169. Part U: ADMINISTRATIVE MATTERS
  170. U1Extension of time limits
  171. U2Determination of questions
  172. U3Accounts and actuarial reports
  173. U4Cost Sharing Repealed
  174. U5Benefit information statements
  175. Part V: PENSION SHARING ON DIVORCE OR NULLITY OF MARRIAGE OR ON DISSOLUTION OR NULLITY OF A CIVIL PARTNERSHIP
  176. Chapter PRELIMINARY PROVISIONS
  177. V1Interpretation
  178. SHARING OF RIGHTS
  179. V2Pension sharing mechanism in the Scheme
  180. V3Pension sharing order activates pension sharing creating pension debits and credits
  181. V4Calculation of “appropriate amount”
  182. V5Pension debits and reduction of benefit
  183. V6Effect of pension sharing on protected rights and guaranteed minimum pension
  184. MODE OF DISCHARGE AND “IMPLEMENTATION PERIOD”
  185. V7Discharge of pension credit liability
  186. V8Adjustment to the amount of the pension credit payments made without the knowledge of the pension debit
  187. V9“Implementation period” for discharge of pension credit
  188. V10Failure to discharge liability in respect of pension credit within the implementation period – Death of ex-spouse or ex-civil partner within period
  189. APPROPRIATE RIGHTS/PENSION CREDIT BENEFITS
  190. V11“Appropriate rights”/ “Pension credit benefits” under the Scheme
  191. V12Pension credit benefit before attaining normal benefit age (with actuarial reduction)
  192. V13Pension credit member dies after pension credit benefit becomes payable
  193. V14Pension credit member dies before pension credit benefit becomes payable
  194. V15Additional contributions and additional periods
  195. V16Commutation: small pensions
  196. V17Commutation: exceptional ill-health
  197. V18Pension Transfers
  198. MISCELLANEOUS
  199. V19Charges in respect of pension sharing costs
  200. V20Excluded membership
  201. V21General rules about benefits
  202. V22Interest on late payment of benefits
  203. V23Assignment
  204. V24Administrative matters
  205. Part W: MISCELLANEOUS AND SUPPLEMENTARY
  206. W1Options to persons detrimentally affected by these Regulations
  207. W2Revocations, savings and transitional provisions
  208. Signature
  209. Schedule 1: MEDICAL AND DENTAL PRACTITIONERS
  210. Part I: DEFINITIONS AND MODIFICATIONS
  211. 1Additional definitions used in this Schedule
  212. 2Application of Regulations with modifications
  213. 3Membership: locum practitioners
  214. 4Modifications of provisions having effect from 1st April 2001 (locum practitioners) (retrospective effect when admitted to supplementary lists)
  215. Part II: PENSIONABLE EARNINGS
  216. 5Meaning of “pensionable earnings”
  217. 6Calculating “pensionable earnings” of practitioners in partnership
  218. 7Election relating to calculation of “pensionable earnings” in partnerships
  219. 8Meaning of “pensionable earnings” in relation to other practitioners
  220. 9Exclusions and deductions from pensionable earnings — all practitioners
  221. 10Limit on pensionable earnings — dental practitioners
  222. Part III: OFFICER SERVICE TREATED AS PRACTITIONER SERVICE
  223. 11Officer service treated as practitioner service
  224. 12Locum practitioners: breaks between contracts
  225. 13Practitioners with benefits from both practitioner and officer service
  226. Part IV: CONTRIBUTIONS TO THE SCHEME
  227. 14Contributions to this Section of the scheme
  228. Part V: BENEFITS FOR MEMBERS
  229. 15Pensions for members — normal retirement pension
  230. 16Early retirement pension — ill health
  231. 16APartial retirement pension
  232. 17Lump sum on member's death in pensionable employment or after pension becomes payable
  233. Part VI: BENEFITS FOR DEPENDANTS
  234. 18Widow's, widower's, surviving civil partner's or surviving nominated partner's pension on member's death in pensionable employment
  235. 19Increased widower's pension
  236. 20Increased surviving civil partner's pension Repealed
  237. 21Increased dependent surviving scheme partner’s pension
  238. 22Increased surviving partner pension
  239. 23Child allowance - member dies in pensionable employment
  240. 24Preserved pension
  241. Part VII: ABSENCE FROM WORK
  242. 25Members away from work and maternity absence
  243. Part VIII: RIGHT TO BUY ADDITIONAL BENEFITS
  244. 26Right to buy additional benefits
  245. Part IX: TRANSFERS FROM OTHER PENSION ARRANGEMENTS
  246. 27Transfer from other pension arrangements
  247. Part X: CONCURRENT EMPLOYMENT
  248. 28Members doing more than one job
  249. Part XI: MEMBERS WHO RETURN TO NHS EMPLOYMENT AFTER PENSION BECOMES PAYABLE
  250. 29Reduction of pension
  251. 30Benefits on death in pensionable employment after pension becomes payable
  252. Part XII: ACCOUNTS
  253. 31Accounts and actuarial reports
  254. Schedule 2: PENSION SHARING ON DIVORCE OR NULLITY OF MARRIAGE OR DISSOLUTION OR NULLITY OF A CIVIL PARTNERSHIP
  255. 1Retirement pension and retirement lump sum
  256. 2Lump sum on death
  257. 3Widows, widowers and surviving civil partners
  258. 4Dependent child allowance
  259. 5Contracting out and guaranteed minimum pension
  260. 6Transfer-out arrangements and buy-outs
  261. 7Right to buy additional service and unreduced lump sum
  262. 8Members who return to pensionable employment after pension becomes payable
  263. 9Offset for crime, fraud or negligence
  264. 10Paragraph 10
  265. Schedule 3PURCHASE OF ADDITIONAL SERVICE AND UNREDUCED RETIREMENT LUMP SUM
  266. Schedule 4REVOCATIONS
  267. Explanatory note