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The National Health Service Superannuation Scheme (Scotland) Regulations 1995

S.I. 1995/365 · Made 16 February 1995

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NATIONAL HEALTH SERVICE, SCOTLAND

Made 16th February 1995

Laid before Parliament 10th March 1995

Coming into force 1st April 1995

The Secretary of State, in exercise of the powers conferred on him by sections 10 and 12 of, and Schedule 3 to, the Superannuation Act 1972f1 and of all other powers enabling him in that behalf, after consulting such representatives of persons likely to be affected by these Regulations as appear to him appropriate in accordance with section 10(4) of that Act, and with the consent of the Treasuryf2, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1972 c. 11. Section 10(1)(a) was amended by the National Health Service (Scotland) Act 1972 (c. 58), Part II of Schedule 7, and sections 10(2A) and (3A) and (6) and 12(4A) were inserted and sections 10(1), 12(2) and (4) amended by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7), sections 4(2), 8(5) and 10.

f2

See section 10(1) of the Superannuation Act 1972 and Article 2 of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670).

Contents

  1. Part A: PRELIMINARY
  2. A1Citation and commencement
  3. A2Interpretation
  4. Part B: MEMBERSHIP OF THE SCHEME
  5. B1Membership of the scheme
  6. B2Age limits and restrictions on membership
  7. B3Restrictions on further participation in the scheme
  8. B4Opting out of the scheme
  9. B5Rejoining the scheme
  10. Part C: PENSIONABLE PAY, PENSIONABLE SERVICE AND QUALIFYING SERVICE
  11. C1Meaning of “pensionable pay”
  12. C2Meaning of “pensionable service”
  13. C3Meaning of “qualifying service”
  14. C4Pensionable service in respect of part-time employment
  15. Part D: CONTRIBUTIONS TO THE SCHEME
  16. D1Contributions by members
  17. D2Contributions and other payments by employing authorities
  18. Part E: BENEFITS FOR MEMBERS
  19. E1Normal retirement pension
  20. E2Early retirement pension (ill health)
  21. E3Early retirement pension (redundancy etc.)
  22. E4Early retirement pension (employer’s consent)
  23. E5Early retirement pension (with actuarial reduction)
  24. E6Preserved pension
  25. E7Lump sum on retirement
  26. E8Deductions from lump sum
  27. E9Early leavers' entitlement to refund of contributions
  28. E10Payment of interest with refund of contributions
  29. Part F: LUMP SUM ON DEATH
  30. F1Lump sum when member dies in pensionable employment
  31. F2Lump sum when member dies after pension becomes payable
  32. F3Lump sum where member dies with preserved pension
  33. F4Lump sum when member dies within 12 months after leaving pensionable employment without immediate or preserved pension
  34. F5Payment of lump sum
  35. Part G: WIDOWS AND WIDOWERS
  36. G1Widow’s pension
  37. G2Widow’s pension when member dies in pensionable employment
  38. G3Widow’s pension when member dies after pension becomes payable
  39. G4Widow’s pension when member dies with preserved pension
  40. G5Widow’s pension when member dies within 12 months after leaving pensionable employment without immediate or preserved pension
  41. G6Widow’s pension when member marries after leaving pensionable employment
  42. G7Widower’s pension
  43. G8Dependent widower’s pension
  44. G9Increased widower’s pension
  45. Part H: DEPENDENT CHILD ALLOWANCE
  46. H1Dependent child
  47. H2Payment of dependent child’s allowance
  48. H3Child allowance when member dies in pensionable employment
  49. H4Child allowance when member dies after pension becomes payable
  50. H5Child allowance when member dies with preserved pension
  51. H6Child allowance when member dies within 12 months after leaving pensionable employment without immediate or preserved pension
  52. H7Increase of child allowance when child not dependent on surviving parent or spouse of a parent
  53. Part J: ALLOCATION TO A SPOUSE OR DEPENDENT
  54. J1Allocation of pension by member for benefit of dependent
  55. J2Limits on allocation
  56. J3Date on which allocation has effect
  57. J4Death of member after allocation
  58. Part K: CONTRACTING OUT AND GUARANTEED MINIMUM PENSIONS
  59. K1Contracting-out requirements to be overriding
  60. K2Guaranteed minimum pensions
  61. K3Late retirement
  62. K4Early leavers
  63. K5Guaranteed minimum pensions transferred to the scheme
  64. K6Protected rights transferred to the scheme
  65. K7State scheme premiums
  66. Part L: EARLY LEAVERS RETURNING TO PENSIONABLE EMPLOYMENT
  67. L1Treatment of pensionable service of early leavers returning to pensionable employment
  68. L2Calculation of benefits
  69. L3Preserved pension to count as qualifying service
  70. L4Continuation of additional contributions
  71. Part M: TRANSFER-OUT ARRANGEMENTS AND BUY-OUTS
  72. M1Member’s right to transfer or buy-out
  73. M2Exercising a right to transfer or buy-out
  74. M3Amount of member’s cash equivalent
  75. M4Time limit for doing what member requires
  76. M5Early leaver without preserved pension
  77. M6Transfers in respect of more than one member
  78. M7Waiver of transfer payments
  79. Part N: TRANSFERS-IN FROM OTHER PENSION ARRANGEMENTS
  80. N1Member’s right to transfer accrued rights to benefits to the scheme
  81. N2Transfers made under the Public Sector Transfer Arrangements
  82. N3Transfers that are not made under the Public Sector Transfer Arrangements
  83. N4Transfers in respect of more than one member
  84. N5Waiver of transfer payments
  85. Part P: ABSENCE FROM WORK
  86. P1Maternity absence
  87. P2Absence because of illness or injury
  88. P3Absence for reasons other than illness or injury
  89. Part Q: RIGHT TO BUY ADDITIONAL SERVICE AND UNREDUCED LUMP SUM
  90. Q1Right to buy additional service
  91. Q2Right to buy an unreduced retirement lump sum
  92. Q3Paying for additional service by single payment
  93. Q4Paying for unreduced retirement lump sum by single payment
  94. Q5Paying by regular additional contributions
  95. Q6Electing to buy additional service or unreduced retirement lump sum
  96. Q7Part payment for additional service or unreduced retirement lump sum
  97. Part R: SPECIAL PROVISIONS FOR CERTAIN MEMBERS
  98. R1Medical and dental practitioners and trainee practitioners
  99. R2Nurses, physiotherapists, midwives and health visitors
  100. R3Mental health officers
  101. R4Members doing more than one job
  102. R5Transferred officers (supplementary payments)
  103. R6Members entitled to fees for domiciliary consultations
  104. R7Former members of health service schemes
  105. R8Members whose earnings are reduced
  106. R9Polygamous marriages
  107. R10Members who work temporary additional sessions
  108. R11Officers on the staff of special hospitals
  109. R12Part-time specialists with service before 15th December 1966
  110. Part S: MEMBERS WHO RETURN TO PENSIONABLE EMPLOYMENT AFTER PENSION BECOMES PAYABLE
  111. S1Suspension of pension on return to NHS employment
  112. S2Reduction of pension on return to NHS employment
  113. S3Benefits in respect of pensionable employment after pension becomes payable
  114. S4Benefits on death in pensionable employment after pension becomes payable
  115. Part T: GENERAL RULES ABOUT BENEFITS
  116. T1Claims for benefits
  117. T2Deduction of tax
  118. T3Benefits not assignable
  119. T4Beneficiary who is incapable
  120. T5Offset for crime, fraud or negligence
  121. T6Loss of rights to benefits
  122. T7Commutation of trivial pensions
  123. T8Reduction in benefits to take account of benefits under the National Insurance Acts
  124. Part U: ADMINISTRATIVE MATTERS
  125. U1Extension of time limits
  126. U2Determination of questions
  127. U3Accounts and actuarial reports
  128. Part V: MISCELLANEOUS AND SUPPLEMENTARY
  129. V1Options to persons detrimentally affected by these Regulations
  130. V2Revocations, savings and transitional provisions
  131. Signature
  132. Schedule 1: MEDICAL AND DENTAL PRACTITIONERS
  133. Part I: DEFINITIONS AND MODIFICATIONS
  134. 1Additional definitions used in this Schedule
  135. 2Application of Regulations with modifications
  136. Part II: PENSIONABLE EARNINGS
  137. 3Meaning of “pensionable earnings”
  138. 4Calculating “pensionable earnings” of practitioners in partnership
  139. 5Calculating “pensionable earnings” of practitioners in partnership
  140. 6Meaning of “pensionable earnings” in relation to other practitioners
  141. 7Exclusions and deductions from pensionable earnings—all practitioners
  142. 8Limit on pensionable earnings—dental practitioners
  143. Part III: OFFICER SERVICE TREATED AS PRACTITIONER SERVICE
  144. 9Officer service treated as practitioner service
  145. Part IV: CONTRIBUTIONS TO THE SCHEME
  146. 10Contributions to the scheme
  147. Part V: BENEFITS FOR MEMBERS
  148. 11Pensions for members—normal retirement pension
  149. 12Early retirement pension—ill health
  150. 13Early retirement pensions/employer’s consent
  151. 14Lump sum on member’s death in pensionable employment or after pension becomes payable
  152. Part VI: BENEFITS FOR DEPENDENTS
  153. 15Widow or widower’s pension on member’s death in pensionable employment
  154. 16Increased widower’s pension
  155. 17Child allowance—member dies in pensionable employment
  156. Part VII: ABSENCE FROM WORK
  157. 18Members away from work and maternity absence
  158. Part VIII: RIGHT TO BUY ADDITIONAL BENEFITS
  159. 19Right to buy additional benefits
  160. Part IX: TRANSFERS FROM OTHER PENSION ARRANGEMENTS
  161. 20Transfer from other pension arrangements
  162. Part X: CONCURRENT EMPLOYMENT
  163. 21Members doing more than one job
  164. Part XI: MEMBERS WHO RETURN TO NHS EMPLOYMENT AFTER PENSION BECOMES PAYABLE
  165. 22Reduction of pension
  166. Schedule 2: PURCHASE OF ADDITIONAL SERVICE AND UNREDUCED RETIREMENT LUMP SUM
  167. Table 1Paying for additional service by a single payment
  168. Table 2Paying for unreduced retirement lump sum by a single payment
  169. Table 3Paying for additional service by regular additional contributions
  170. Table 4Paying for unreduced retirement lump sum by regular additional contributions
  171. Schedule 3REVOCATIONS
  172. Explanatory note