The National Health Service Superannuation Scheme (Scotland) Regulations 2011

Allocation of pension by member for benefit of dependant

J1.—(1) Subject to the following provisions of this Part, a member may elect to allocate part of the member’s pension under this Section of the scheme so as to provide, following the member’s death, a pension for a spouse, a civil partner or dependant.

(2) Any pension provided for a spouse or a civil partner under this regulation will be payable in addition to any other widow’s, widower’s or surviving civil partner’s pension under these Regulations.

(3) Any pension provided under this regulation will be calculated in accordance with tables prepared by the scheme actuary.

(4) A member wishing to allocate part of the member’s pension under this regulation may elect to do so—

(a) on making a claim for payment of the member’s benefits under regulation T1 (claims for benefits), or at any time after making such a claim but before the date on which a pension payable to the member under this Section of the scheme is put into payment; or

(b) if in pensionable employment—

(i) in the case of a member who is not a special class officer, at any time after completing 45 years pensionable service; or

(ii) in the case of a member who is a special class officer, at any time after reaching age 55 and completing 40 years pensionable service; or

(c) at any time after reaching age 65 (60 for special class officers).

(5) A member wishing to allocate part of the member’s pension as described in this regulation must do so by giving notice in writing to the employing authority on the form provided, giving such information as may be required.

(6) The Scottish Ministers must not accept an election unless satisfied that the member is in good health.