The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

Qualifying service

Meaning of “qualifying service”

2.A.6.—(1) In this Part, references to a member’s qualifying service, are references to the aggregate of the following periods—

(a) the member’s pensionable service under this Part other than such pensionable service as is referred to in regulation 2.A.3(1)(c) (meaning of “pensionable service”);

(b) in the case of a person in respect of whom a transfer value in respect of the person’s rights under another pension arrangement (including the 1995 Section) has been accepted under Chapter 2.F (transfers), a period equal to the person’s period as an active member in any occupational pension scheme in respect of which the rights accrued;

(c) in the case of a person who—

(i) became an active member on the transfer of the person’s employment to a new employer as the result of a transfer of an undertaking to that employer; and

(ii) has rights under another occupational pension scheme to which the person was eligible to belong in the person’s employment with the former employer, in respect of which no transfer payment has been accepted under regulation 2.F.10 (acceptance of transfer value payments),

the period of employment that qualified the member for those rights;

(d) any period treated as qualifying service under paragraph (3), (5) or (6) or under regulation 2.A.7 (qualifying service: disregard of breaks in service);

(e) where the member ceased to be an active member under Part 3 less than 12 months before becoming a member under this Part, any period of qualifying service under Part 3;

(f) in the case of a person—

(i) who is eligible to join this Section of the scheme by virtue of regulation 2.B.1(5)(c) (eligibility: general); and

(ii) for whom the interval between leaving the 1995 Section and joining this Section of the scheme is less than one month,

a period equal to the period of qualifying service (within the meaning of the 2011 Regulations), measured in years and days, that the member was entitled to count under regulation C3 (meaning of “qualifying service”) of the 2011 Regulations when the member left the 1995 Section;

(g) in the case of a 2008 Section Optant, any period of qualifying service the member is entitled to count under Chapter 2.K (2008 Section Optants);

(h) in the case of a Waiting Period Joiner (as defined in regulation 2.L.1(2)), a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section;

(i) in the case of a person who is eligible to join this Section of the scheme by virtue of regulation 2.B.1(5)(e), (g) or (h) (eligibility: general), a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section; and

(j) any period of service which the member was entitled to count as qualifying service under regulation 2.A.5 (meaning of “qualifying service”) of the 2008 Regulations immediately before these Regulations came into force.

(2) Paragraph (3) applies if a member who is employed on a casual basis—

(a) ceases to pay contributions because of a break in the employment in which the member is an active member of a period not exceeding three months; and

(b) re-enters employment in which the member is eligible to be an active member on the same basis after the break.

(3) For the purposes of this Part, the member is to be treated as—

(a) continuing to be in qualifying service during the break in the employment; and

(b) not being required to rejoin this Section of the scheme on re-entering the employment(1).

(4) If—

(a) a pension becomes payable to a member under regulation 2.D.11 (early retirement on termination of employment by employing authority) in a case where regulation 2.D.13(5) (exceptions to requirement that NHS employment must have ceased) applies; and

(b) the member has elected to take benefits under regulation 2.D.11 only in respect of the old employment and to continue to accrue rights to benefits in respect of any continuing employments in which the member is an active member,

the pensionable service in respect of which that pension is calculated is to be treated as qualifying service in relation to any employment in respect of which rights to benefits continue to accrue.

(5) In determining the service that is pensionable service for the purposes of this regulation, regulation 2.A.4 (meaning of “pensionable service”: part-time service) does not apply, but for those purposes part-time employments held concurrently is to be treated as a single employment.

Qualifying service: disregard of breaks in service

2.A.7.—(1) This regulation applies for the purpose of calculating the qualifying service of a member whose pensionable service ceases for an interval (other than in circumstances where regulation 2.A.6(2) (meaning of “qualifying service”) applies).

(2) Subject to paragraph (6), if the interval—

(a) does not exceed one month; or

(b) is due to a trade dispute,

the member’s qualifying service before and after the interval is to be treated as continuous for the purpose of calculating the member’s qualifying service after the interval (but the period of the interval is ignored).

(3) For the purposes of paragraph (2) it does not matter if the member’s pensionable service before the interval is treated separately from that after the interval for the purpose of calculating the member’s benefits.

(4) Subject to paragraph (6), if—

(a) a person who is an active member ceases to be employed in the employment that qualifies the person to belong to this Section of the scheme and becomes a deferred member, but not a pensioner member, in respect of the service in that employment; and

(b) after a period not exceeding 12 months the person becomes employed again in such an employment and becomes an active member again in that employment,

qualifying service in the earlier employment is to be treated as a single continuous period of qualifying service with that in the later employment.

(5) Subject to paragraph (6), if—

(a) a person who is an active member in an employment opts to cease to be such a member whilst continuing to be employed in the employment and becomes a deferred member, but not a pensioner member, in respect of that service; and

(b) after a period not exceeding 12 months the person becomes such an active member again in that employment,

qualifying service in the earlier period of active membership is to be treated as a single period of qualifying service with that in the later period of such membership.

(6) Where—

(a) the person has received a repayment of contributions under regulation 2.C.18 (repayment of contributions) in respect of the earlier period, paragraphs (4) and (5) do not apply (but see paragraph (7)); or

(b) the person’s rights under this Section of the scheme in respect of that period have been extinguished under regulation 2.F.7 (effect of transfers-out) because a transfer value payment has been made, paragraphs (2), (4) and (5) do not apply.

(7) Paragraph (6)(a) does not apply if the person repays to the Scottish Ministers any contributions repaid to the person as mentioned in that paragraph, together with any interest on those contributions, before the expiry of the period of 6 months beginning with the date on which the member becomes a member again.

(8) If—

(a) a member is a deferred member or pensioner member in respect of the period of pensionable service before pensionable service ceases for an interval; and

(b) the periods of pensionable service before and after pensionable service ceases for an interval are not treated as a single period of continuous service under regulation 2.A.5(6) (pensionable service: breaks in service) or regulation 2.G.3(2)(a) (exception to general rule),

the period of pensionable service in respect of which the member is a deferred member or a pensioner member is to be treated as qualifying service in relation to the period after the interval.

(1)

For the other rules applying where there is a short break in service, see regulation 2.A.7.