The National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations 2011

Extract

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The National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations 2011

Scottish Statutory Instruments

National Health Service

Made

19 th October 2011

Laid before the Scottish Parliament

25 th October 2011

Coming into force

1 st December 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 10 , 12 and 24 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 such representatives of persons likely to be affected by these Regulations as appear to them to be appropriate.

PART 1 GENERAL

Citation, commencement and effect

1.—(1) These Regulations may be cited as the National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations 2011.

(2) These Regulations come into force on 1 st December 2011 and, except as provided in paragraphs (3) to (9) , have effect from that date(3).

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

(a) regulation 25;

(b) regulation 36;

(c) regulation 59(f);

(d) regulation 65; and

(e) regulation 70.

(4) The following provisions have effect from 1 st October 2008—

(a) regulation 22; and

(b) regulation 64.

(5) The following provisions have effect from 1 st April 2010—

(a) regulation 19(c); and

(b) regulation 61(d).

(6) The following provisions have effect from 2 nd July 2010—

(a) regulations 14(a)(i) and (iii);

(b) regulations 17(d) and (e);

(c) regulations 59(d) and (e); and

(d) regulation 104(b).

(7) The following provisions have effect from 1 st April 2011—

(a) the provisions in Part 2 except regulations 5(a) , (c) , (d) and (e) , 6(b) , 7 , 10(c) , 12 , 13 and 14(a)(i) and (iii);

(b) the provisions in Part 3 except regulations 17(d) and (e) , 19(c) , 22 , 24 , 25 , 29 , 32 , 36 , 37 , 59(d) to (f) , 61(d) , 64 , 65 , 67 , 70 , 74 , 77 and 81;

(c) the provisions in Part 4 except regulation 104(b);

(d) the provisions in Part 5 except regulation 114(c)(i); and

(e) the provisions in Part 6.

(8) The following provisions have effect from 6 th April 2011—

(a) regulation 6(b);

(b) regulation 7;

(c) regulation 12;

(d) regulation 13;

(e) regulation 24;

(f) regulation 29;

(g) regulation 32;

(h) regulation 37;

(i) regulation 67;

(j) regulation 74;

(k) regulation 77;

(l) regulation 81; and

(m) regulation 114(c)(i).

(9) Regulations 5(c) , (d) and (e) have effect from 1 st October 2011.

PART 2 AMENDMENT OF THE NATIONAL HEALTH SERVICE SUPERANNUATION SCHEME (SCOTLAND) REGULATIONS 2011

Amendments to National Health Service Superannuation Scheme (Scotland) Regulations 2011

2.  The National Health Service Superannuation Scheme (Scotland) Regulations 2011(4) are amended in accordance with this Part.

Amendment of regulation B2

3.  In regulation B2 (age limits and restrictions on membership) , in paragraph (1)(o)(iv) , after “contributions” insert “under regulation E15”.

Amendment of regulation C2

4.  In regulation C2 (meaning of “pensionable service”) , in paragraph (5) , for “(3)” substitute “(4)”.

Amendment of regulation D2

5.  In regulation D2 (contributions and other payments by employing authorities)—

(a) in paragraph (3) , for “take” substitute “consider”;

(b) in paragraph (5)(a)—

(i) after “E6” insert “or E7”; and

(ii) omit “or E7” where it appears immediately before “for the period”;

(c) in paragraph (7) , after “(5)” insert “in respect of a pension payable under regulation E6 or under paragraph (5)(c) in respect of a pension payable under regulation E7”;

(d) in paragraph (7)(b)(ii) , after “E6” insert “or E7”; and

(e) after paragraph (7) , insert—

“(7 A) Any additional payments that are due to the Scottish Ministers under paragraph (5)(a) , (b) , (d) and (e) in respect of a pension payable under regulation E7 shall be made in whichever of the following ways the employing authority chooses—

(a) a single payment of an amount determined by the Scottish Ministers, on the advice of the scheme actuary, made within ...

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