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The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003

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Crediting of additional period of service

5.—(1) Subject to paragraphs (2), (3), (5), (7) and (8), for the purpose of calculating the amount of the annual allowance payable in accordance with regulation 4(2) and, where applicable, the amount of the lump sum payable in accordance with regulation 4(3)–

(a)where the total amount of–

(i)an entitled officer’s pensionable service, including any service to which regulation R4(3) of the Superannuation Scheme Regulations (members doing more than one job) applies; and

(ii)any relevant optant service,

is not more than 10 years, the entitled officer shall be credited with an additional period of service equal to the aggregate of such pensionable service and any such relevant optant service; or

(b)where the total amount of–

(i)an entitled officer’s pensionable service, including any service to which regulation R4(3) of the Superannuation Scheme Regulations applies; and

(ii)any relevant optant service,

is more than 10 years, the entitled officer shall be credited with an additional period of service of 10 years.

(2) The period of additional service credited to an entitled officer shall not exceed the amount necessary to make his or her total pensionable service reach–

(a)40 years; or

(b)the maximum length of pensionable service the entitled officer would have been able to accrue had he or she remained in pensionable employment until retirement age,

whichever is the lesser.

(3) In determining the additional period of service to be credited to a mental health officer under paragraphs (1) and (7), no account shall be taken of the provisions in regulation R3(5) of the Superannuation Scheme Regulations (mental health officer – doubling of pensionable service).

(4) For the purposes of paragraphs (1) to (3) above–

(a)“relevant optant service” means–

(i)service in respect of which an entitled officer was subject to regulation 50 of the 1980 Regulations (persons subject to non-statutory superannuation schemes and arrangements) and which terminated within the 12 months immediately before the beginning of the entitled officer’s pensionable service; and

(ii)in the case of a person who became an officer in the circumstances described in regulation 2(2) of the 1980 Regulations (interpretation), any service accrued in the employment of a local authority by virtue of which the person was, immediately before becoming an officer, a member of such a scheme as is referred to in regulation 50 of those Regulations;

(b)“retirement age” means, in relation to an entitled officer, the age at which, under any written condition of employment, the entitled officer may be required to retire or, if there is no such condition, the age of 65.

(5) Where–

(a)an entitled officer has received–

(i)a redundancy payment under the Employment Rights Act 1996(1); or

(ii)a corresponding payment under the arrangements of the Whitley Councils for the Health Services of Great Britain; or

(iii)a payment made by virtue of any arrangement made pursuant to paragraph 20(2) of Schedule 7A to the National Health Service (Scotland) Act 1978(2) (National Health Service Trusts – general powers),

in respect of the cessation of the employment referred to in regulation 3; and

(b)that payment has not been reduced to take account of any additional period of service with which the officer may have been credited under paragraph (1),

any such additional period of service under paragraph (1) shall not exceed 6 years and 243 days.

(6) For the purposes of this regulation, where the pensionable service of an entitled officer consists of or includes pensionable service in part-time employment, such service shall count at its full length.

(7) Where the pensionable service of an entitled officer includes service in the employment of an employing authority before 4th November 1980, that officer shall be entitled to an additional period of service calculated in accordance with the provisions of regulation 5(1) (persons who became entitled officers between 2nd December 1976 and 3rd November 1980) and regulation 5(4) (service before 4th November 1980) of the previous Compensation Regulations if such a calculation would place that entitled officer in a better position than he or she would have been in had the additional period of service been credited in accordance with this regulation.

(8) Subject to paragraph (9), where an entitled officer is in receipt of any payment specified in paragraph (11) there shall be deducted from the additional period of service which, but for this paragraph, would have counted as pensionable service by virtue of paragraph (1) or (7), any additional years or deemed added years which were taken into account for the purposes of the calculation of that payment.

(9) The Scottish Ministers may direct that the deduction in accordance with paragraph (8) should not be made, or that a lesser number of years should be deducted, where–

(a)an entitled officer is in receipt of a payment specified in paragraph (11); and

(b)there are differences between–

(i)the terms of the employment in respect of which that payment is received; and

(ii)the terms of the employment referred to in regulation 3; and

(c)by reason of those differences, the deduction would be disproportionately large.

(10) For the purposes of paragraphs (8) and (9)–

(a)“additional years”, in the case of an entitled officer who receives a payment referred to in paragraph (11), means the additional period of service with which that officer was credited for the purpose of making that payment and which had on the calculation of that payment the corresponding effect that the additional period of service has on the annual allowance payable under these Regulations;

(b)any additional years or deemed added years shall not be taken into account if these have been taken into account for the purpose of reducing any payment specified in paragraph (11);

(c)where a payment specified in paragraph (11) has been enhanced by a sum, being a fraction of the annual rate of remuneration, calculated in sixtieths, each one sixtieth shall be deemed to be an added year for the purposes of this regulation and the expression “deemed added years” shall be construed accordingly;

(d)the additional period of service shall be deemed to commence on the material date;

(e)the additional years or deemed added years shall be deemed to commence on the day after the occurrence of the event in respect of which the payment specified in paragraph (11) became payable;

(f)any additional years or deemed added years which relate to a period before the material date shall not be taken into account.

(11) The payments referred to in paragraphs (8) to (10) are–

(a)an annual allowance payable under these Regulations;

(b)any annual compensation payable immediately or prospectively under the local government compensation regulations or any other regulations made under section 24 of the Superannuation Act 1972 (compensation for loss of office, etc.);

(c)any annual compensation payable under a scheme made under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants, etc.);

(d)any annual benefit payable under the early retirement regulations; or

(e)any other payment provided for by regulations which have like effect to the regulations referred to in sub-paragraphs (a), (b) or (d).

(2)

This Schedule was inserted by Section 32 of, and Schedule 6 to, the National Health Service and Community Care Act 1990 (c. 19).

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