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

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Calculation of compensation

6.—(1) Subject to paragraph (2), the compensation payable under regulation 4 in respect of the additional period of service of an entitled officer shall be calculated in like manner as that officer’s pension under regulation E3 of the Superannuation Scheme Regulations and, where applicable, his or her lump sum on retirement under regulation E7 of those Regulations or, where a transfer payment has been made in the entitled officer’s case under Part M of those Regulations (transfer-out arrangements and buy-outs), the pension and, where applicable, lump sum on retirement which would have been payable but for the entitled officer’s pension benefits having been transferred to another scheme by means of that transfer payment.

(2) Where regulation R3 of the Superannuation Scheme Regulations or any corresponding provision of any other scheme in which the entitled officer has retained rights to benefit by virtue of an option exercised under regulation 46 of the 1980 Regulations (benefits of officers who have exercised option to retain rights corresponding with those previously enjoyed) applies to an entitled officer, the compensation in respect of the entitled officer’s additional period of service shall be calculated as if neither paragraph (5)(a) of regulation R3 nor any corresponding provision applied to that officer.

(3) Where the amount of any benefit to which an entitled officer is or may become entitled under the Superannuation Scheme Regulations is or may be supplemented under regulation 51 or 52 of the 1980 Regulations (supplementary, or discretionary, payments in respect of certain officers) at the discretion of the Scottish Ministers, the Scottish Ministers may in the same manner as under regulation 51 or 52 of those Regulations, make supplementary or discretionary payments to such extent as they consider appropriate in addition to any compensation payable to the entitled officer under these Regulations.

(4) For the purpose of paragraph (1), where any part of the pensionable service of an entitled officer to whom there is payable a pension under regulation E3 of the Superannuation Scheme Regulations is service in part-time employment, the compensation payable in respect of the service credited under this regulation shall not exceed the relevant amount.

(5) In this regulation–

“the relevant amount” means the amount which bears the same proportion to the amount which would have been payable had the service not been part-time as the whole-time equivalent of an entitled officer’s pensionable service in respect of part-time employment bears to comparable whole-time employment; and

“the whole-time equivalent” has the same meaning as in regulation C4 of the Superannuation Scheme Regulations (pensionable service in respect of part-time employment).

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