The National Health Service (Scotland) (Superannuation Scheme and Additional Voluntary Contributions) (Pension Sharing on Divorce) Amendment Regulations 2001

Amendment of Regulation A2 of the 1995 Regulations

1.  In regulation A2(4) there shall be inserted in the first and second columns in the appropriate places in alphabetical order, the following definitions:–

• ““the 1993 Act” The Pension Schemes Act 1993(1);

• “the 1995 Act” The Pensions Act 1995(2);

• “the 1999 Act” The Welfare Reform and Pensions Act 1999(3);

• “active member” A person who is in pensionable service under the scheme;”

• “appropriate percentage” The meaning given in regulation W5(4);

• “appropriate rights” The meaning given in regulation W7(3);

• “ex-spouse” An individual to whom pension credit rights under the Scheme have been or are to be allocated following a pension sharing order;

• “indexed” In accordance with the Government Index of Retail Prices; ”

• “the Inland Revenue” The Commissioners of Inland Revenue;

• “member of the Scheme” A member of the Scheme and includes an active member, a deferred member and a pension credit member;

• “normal benefit age” Age 60;

• “pension credit” The meaning given in regulation W3(b);

• “pension credit benefit” In relation to the Scheme the benefits payable under the Scheme to or in respect of a pension credit member by virtue of his appropriate rights under the Scheme attributable to a pension credit;

• “pension credit member” An individual who is a member of the Scheme, either,

  (i)

  solely for the provision of a pension credit benefit, or,

  (ii)

  for the wholly separate provision of a pension credit benefit, where benefits accrue or have accrued to that individual under the Scheme for any other reason;

• “pension credit rights” Rights to future benefits under the Scheme which are attributable to a pension credit;

• “pension debit” The meaning given in regulation W3(a);

• “pension debit member” A member, whether an active member, a deferred member or a pensioner member, whose shareable rights under the Scheme are subject to a pension debit;

• “pension sharing order or provision” Any order or provision which is mentioned in section 28(1) of the 1999 Act or Article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(4);

• “Regulatory Authority” The meaning given in regulation W10(4);

• “safeguarded percentage” The meaning given by section 68A(3) or (4), as the case may be of the 1993 Act;

• “safeguarded rights” The meaning given by section 68A of the 1993 Act(5);

• “shareable rights” The meaning given by section 27(2) of the 1999 Act and means any rights under a pension arrangement other than as described in section 2 of The Pension Sharing (Valuation) Regulations 2000(6);

• “transfer day” The meaning given in regulation W5(4);”.

(1)

1993 c. 48.

(2)

1995 c. 26.

(3)

1999 c. 30.

(4)

S.I. 1999/3147 (N.I.11).

(5)

Section 68A was inserted by section 36 of the 1999 Act.

(6)

S.I. 2000/1052.