The National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010

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The National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010

Scottish Statutory Instruments

National Health Service

Made

27 th January 2010

Laid before the Scottish Parliament

28 th January 2010

Coming into force in accordance with regulation 1

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(1) , and 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(2).

In accordance with section 10(4) of that Act, the Scottish Ministers have consulted with representatives of persons likely to be affected by these Regulations as appear to them to be appropriate.

PART 1 INTRODUCTORY

Citation, commencement and effect

1.—(1) These Regulations may be cited as the National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010.

(2) These Regulations come into force on 26 th February 2010 and, except as provided in paragraphs (3) and (4) , have effect from that date.

(3) The following regulations have effect from 1 st April 2008(3):—

(a) regulation 6;

(b) regulation 7;

(c) regulation 16(4) insofar as it relates to regulation 2.A.10(12)(a) of the National Health Service Pension Scheme (Scotland) Regulations 2008(4);

(d) regulation 19;

(e) regulation 20;

(f) regulation 21;

(g) regulation 31(4);

(h) regulation 59;

(i) regulation 60;

(j) regulation 66

(k) regulation 104; and

(l) regulation 105.

(4) Regulation 32(2) has effect from 1 st July 2009.

(5) The following regulations have effect from 1 st October 2009:—

(a) regulation 9;

(b) regulation 31(5);

(d) regulation 52;

(e) regulation 94;

(f) regulation 95;

(g) regulation 96;

(h) regulation 98;

(i) regulation 99;

(j) regulation 100; and

(k) regulation 101.

PART 2 AMENDMENT OF THE NATIONAL HEALTH SERVICE SUPERANNUATION SCHEME (SCOTLAND) REGULATIONS 1995

Interpretation of Part 2

2. In this Part an alphanumerical reference to a regulation or a reference to a Schedule is a reference to a provision of the National Health Service Superannuation Scheme (Scotland) Regulations 1995(5) bearing that designation except where the contrary is indicated.

Amendment of regulation A2

3. In regulation A2 (interpretation)—

(a) at the end of paragraph (2)(b) after “these Regulations” insert “and the National Health Service Pension Scheme (Scotland) Regulations 2008; ”; and

(b) in paragraph (4) in the definition of “the 2008 Scheme” for “means the scheme” substitute “means the Section of the scheme.”

Amendment of regulation E2 B

4. In regulation E2 B(2) (re-assessment of ill health condition determined under regulation E2 A)—

(a) at the end of sub-paragraph (c) omit “and”;

(b) at the end of sub-paragraph (d) insert—

“; and

(e) the member is not a 2008 Section Optant within the meaning of regulation 2.K.1 or 3.K.1 of the 2008 Regulations who has become entitled to an upper tier ill health pension under regulation 2.D.8 or 3.D.7 of that Section.”.

Amendment of regulation G3

5. For regulation G3(3) (widow’s pension when member dies after pension becomes payable) substitute—

“(3) For the purpose of paragraph (2) no account is to be taken of any reduction to the member’s pension under regulation S2 (reduction of pension on return to NHS employment) unless—

(a) the member is a 2008 Section Optant within the meaning of regulation 2.K.1 or regulation 3.K.1 of the 2008 Regulations; and

(b) on the date of the member’s death the member is an active or non-contributing member of that Section.”.

Amendment of regulation G14

6. In regulation G14(1) (surviving nominated partner’s pension) for “who has pensionable service” substitute “whose pensionable employment ceases”.

Amendment of regulation H3

7. In regulation H3(2 A)(b) (child allowance when member dies in pensionable employment) omit “the member’s”.

Amendment of regulation H4

8. For regulation H4(2) (child allowance when member dies after pension becomes payable) substitute—

“(2) Subject to paragraphs (2 A) and (8)—

(a) the allowance will be calculated as described in whichever of paragraphs (3) or (4) apply; and

(b) where the member was, on the date of the member’s death—

(i) not a 2008 Section Optant within the meaning of regulation 2.K.1 (application of chapter 2.K) or regulation 3.K.1 (application of chapter 3.K) of the 2008 Regulations whose pensionable service—

(aa) equalled, or exceeded, 10 years, as a proportion of the amount of the member’s pension based on that service;

(bb) was less than 10 years, as a proportion of the amount of that the member’s pension would have been if it had been based on 10 years pensionable service;

(ii) a 2008 Section Optant, as a proportion of the amount of the member’s pension.”.

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