The National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015

Existing additional pension contracts

23.—(1) This regulation applies to a member of the new scheme who—

(a) on the member’s last day of pensionable service in the old scheme was paying for additional pension by additional periodical contributions pursuant to regulation—

(i) regulation Q8 of the 2011 Regulations; or

(ii) regulation 2.C.8 or 3.C.6 of the 2013 Regulations;

(b) does not have a break between the last day of pensionable service in the old scheme and the first day of pensionable service in the new scheme lasting for 12 months or more.

(2) Where this regulation applies, the provisions of—

(a) the relevant regulations continue to apply to the member as though the member continues in pensionable service under the old scheme until the earliest of—

(i) the end of the contribution option period (as defined in the old scheme);

(ii) if the member has a break in pensionable service under the new scheme lasting for more than five years, the last day of pensionable service that preceded that break;

(iii) the day preceding the day on which the member stops paying periodical contributions; or

(iv) retirement from pensionable employment under the new scheme; and

(b) regulation—

(i) Q16 of the 2011 Regulations, or

(ii) 2.C.16 or 3.C.14 of the 2013 Regulations,

continues to apply if the member who is paying for additional pension by additional periodical contributions stops paying before the end of the contribution option period.

(3) In paragraph (2), “relevant regulations” means—

(a) in the case of a member whose old scheme service was in the 1995 Section, regulations Q8 to Q15 and Q17 of the 2011 Regulations; and

(b) in the case of a member whose old scheme service was in the 2008 Section—

(i) regulations 2.C.8 to 2.C.15 and 2.C.17 to 2.C.18; or

(ii) regulations 3.C.6 to 3.C.13 and 3.C.15 to 3.C.16,

of the 2013 Regulations.