The National Health Service Superannuation Scheme (Scotland) Regulations 2011

Early retirement pension (redundancy etc.)

E6.—(1) This regulation applies to a member—

(a) who—

(i) was in pensionable employment on 1st December 2006; or

(ii) returns to such employment on, or after, that date and who is entitled to a preserved pension under regulation L1 (early leavers returning to pensionable employment); or

(iii) returns to pensionable employment on or after that date that attracts a pension in accordance with regulation E2(12) or E3(11);

(iv) returns to pensionable employment after that date having had a break in such employment which does not exceed 12 months but includes 1st December 2006 and who is not entitled to a preserved pension under regulation L1; or

(v) is certified by the member’s employing authority as having a period of continuous employment (determined in accordance with terms and conditions relevant to that employment and as they applied on 1st October 2006);

(b) whose employment is terminated by the member’s employing authority before 1st October 2011; and

(c) who satisfies the conditions specified in paragraph (2).

(2) Those conditions are that—

(a) the member has at least 5 years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;

(b) the Scottish Ministers certify—

(i) that the member’s employment is terminated by reason of redundancy; or

(ii) with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which the member is employed; and

(c) the member’s employing authority does not certify that the member has unreasonably refused to seek suitable alternative employment or accept an offer of such employment.

(3) A member who satisfies the conditions in paragraph (2) is entitled to a pension calculated as described in regulation E1 (normal retirement pension).

(4) This regulation does not apply to—

(a) practice staff;

(b) practitioners;

(c) non-GP providers;

(d) a member who is providing piloted services under a pilot scheme;

(e) a member to whom regulation R13(1)(a) or (b) of these Regulations applies; or

(f) a member who is a dental pilot scheme employee and who is employed by a provider of piloted services other than a Health Board.