- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
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2.D.4.—(1) A member who has not reached age 65 is entitled to immediate payment of a reduced pension payable for life if the member—
(a)has reached age 55;
(b)meets the condition in regulation 2.D.1(2)(a) or (b) (normal retirement pensions);
(c)has ceased to be employed in NHS employment; and
(d)has claimed payment of the pension.
(2) The amount of the annual pension under this regulation—
(a)is first calculated as mentioned in regulation 2.D.1(4) (and, if additional pension is payable, in accordance with regulation 2.C.14(2) (effect of payment of additional contributions) or 2.C.16(2) (effect of part payment of periodical contributions)); and
(b)then that amount is reduced by such amount as the Scottish Ministers determine, after consulting the scheme actuary, to be appropriate by reason of the payment of the pension before the member reaches 65.
(3) A claim under paragraph (1) must be made by notice in writing in such form as the Scottish Ministers require and takes effect—
(a)in the case of a deferred member, from the date specified in the claim as the date on which the pension is to become payable; and
(b)in the case of an active member or a non-contributing member, from the day immediately following the day on which the member ceased to be employed in NHS employment.
(4) A member is not entitled to a pension under this regulation if the Scottish Ministers determine, having taken advice from the scheme actuary, that the pension, as reduced under paragraph (1), would be insufficient to meet their liability to provide a guaranteed minimum pension.
(5) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.12.
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Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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