Citation, commencement, effect and extent
1.—(1) These Regulations may be cited as the National Health Service Superannuation Scheme (Scotland) Amendment (No. 3) Regulations 2003 and shall come into force on 29th November 2003 but–
(a)regulation 6 shall have effect from 6th April 2003; and
(b)regulations 7 and 8 shall have effect from 1st April 2003.
(2) These Regulations extend to Scotland only.
Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 1995
2. The National Health Service Superannuation Scheme (Scotland) Regulations 1995(1) shall be amended in accordance with regulations 3 to 8 of these Regulations.
Meaning of pensionable pay
3. For regulation C1(3)(2), substitute–
“(3) Subject to paragraph (3AZ), in the case of a member who joined the scheme before 1st June 1989 pensionable pay in excess of the permitted maximum will not be ignored.
(3AZ) In the case of a member who joined the scheme before 1st June 1989 and has a break in pensionable employment on or after that date–
(i)any pensionable pay earned preceding the break in that employment in excess of the permitted maximum will not be ignored;
(ii)any pensionable pay earned after the break in that employment in excess of the permitted maximum will be ignored.”.
Payment of lump sum
4. In regulation F5(3)–
(a)in paragraph (3)(a) after “notice” insert “in writing” and omit “in accordance with paragraph (3B) below”;
(b)in paragraph (3A) after “notice” insert “in writing” and omit “in accordance with paragraphs (3B) and (3C) below”;
(c)for paragraph (3B), substitute–
“(3B) Notice given to the Scottish Ministers for the purposes of paragraph (3) or (3A) may, at any time, be revoked in writing.”; and
(d)in paragraph (3C), after “shall” insert “only be given by a member who is in pensionable service in the scheme and shall”.
Early leavers returning to pensionable employment
5. For regulation L2(2), substitute–
“(2) If a member’s pensionable service before and after a break in pensionable employment is treated separately, the member’s benefits in respect of each period of pensionable employment shall be calculated–
(a)separately; and
(b)by reference to–
(i)the member’s pensionable service before and after a break in pensionable employment as the case may be; and
(ii)the member’s final pensionable pay in respect of that particular period,
as if that period had been the member’s only period of pensionable employment.”.
Maternity leave
6. In regulation P1–
(a)in the title to regulation P1, after “maternity” insert “, paternity and adoption”;
(b)in paragraph (1) after “confinement” insert “, or for paternity or adoption leave”;
(c)in paragraph (2) after “confinement” insert “, or for paternity or adoption leave”; and
(d)in paragraph (3) for “leave under her” substitute “, paternity or adoption leave under the member's”.
Officer service treated as practitioner service
7. In Schedule 1 (medical and dental practitioners), in paragraph 9(4)–
(a)for sub-paragraph (2), substitute–
“(2) For the purpose of calculating any benefit in respect of officer service that is treated as practitioner service under sub-paragraph (1), the member’s pensionable pay in respect of that officer service–
(a)may be disregarded and his uprated earnings increased by the same proportion as his practitioner’s service is increased by virtue of the officer service being treated as practitioner service under sub paragraph (1); or
(b)may be treated as pensionable earnings,
whichever is more favourable to him.”;
(b)after sub-paragraph (5), insert–
“(5A) Where a member has more than 10 years' officer service before first becoming–
(a)a principal practitioner; or
(b)a practitioner providing piloted services,
the member’s officer service before first becoming a principal practitioner or a practitioner providing piloted services may be treated as practitioner service if it would be more favourable to the member.
(5B) For the purposes of calculating any benefits in respect of officer service that is treated as practitioner service under sub-paragraph (5A), the member’s pensionable pay in respect of that officer service shall be treated as pensionable earnings.”;
(c)after sub-paragraph (6), insert–
“(6A) Subject to sub-paragraph (8), if a member has in total 1 year’s officer service or more on the last occasion on which he ceases to be a practitioner before his pension under the scheme becomes payable that officer service may be treated as practitioner service if it would be more favourable to him.
(6B) Any officer service which is treated as practitioner service by virtue of sub-paragraph (6) or (6A) shall include any periods of officer service which are concurrent with periods of practitioner service.”;
(d)in sub-paragraph (7), after “sub-paragraph (6)” insert “or (6A)”;
(e)in sub-paragraph (8)–
(i)after “sub-paragraph (1)”, wherever it occurs, insert “ or (5A)”;
(ii)in the first two places where “sub-paragraph (6)” occurs, substitute “sub paragraphs (6) and (6A)”; and
(iii)after “sub-paragraph (6)”, where it last occurs, insert “or (6A)”; and
(f)in sub-paragraph 11, for “paragraph (6) or paragraph (9)” substitute “sub-paragraph (6), (6A) or (9)”.
Practitioners with benefits from both practitioner and officer service
8. In Schedule 1 (medical and dental practitioners), after paragraph 9A(5), insert–
“Practitioners with benefits from both practitioner and officer service
9B—(1) A member–
(a)who has at least two years' qualifying service or in respect of whom a transfer payment has been made to the scheme in respect of his rights under a personal pension scheme;
(b)who ceases to be in officer service while continuing in practitioner service; and
(c)whose officer service is not treated as practitioner service under paragraph 9(5A) or 9(6A),
shall be entitled to receive a separate pension in respect of his officer service.
(2) A member–
(a)who has at least two years qualifying service or in respect of whom a transfer payment has been made to the scheme in respect of his rights under a personal pension scheme; and
(b)who ceases to be in practitioner service while continuing in officer service,
shall be entitled to receive a separate pension and retirement lump sum in respect of such of his pensionable service as is specified in sub-paragraph (3).
(3) The pensionable service specified for the purposes of sub-paragraph (2) is–
(a)any practitioner service; and
(b)any officer service which falls to be treated as practitioner service under paragraph 9.
(4) Subject to sub-paragraph (5), the amount of any pension or retirement lump sum which a member is entitled to receive under sub-paragraph (1) or (2) shall be the same as the amount of the pension or retirement lump sum which the member would have been entitled to receive under these Regulations if he had left pensionable employment on the day on which he ceased to be in officer service or, as the case may be, ceased to be in practitioner service.
(5) A member who is entitled to a pension and retirement lump sum under sub paragraph (2) shall, if it would be more favourable to him, be treated as having continued in practitioner service until the last day of his pensionable employment.”.
TAVISH SCOTT
A member of the Scottish Executive
Victoria Quay, Edinburgh
13th October 2003
We consent
NICK AINGER
JIM MURPHY
Two of the Lords Commissioners of Her Majesty’s Treasury
15th October 2003