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The National Health Service Superannuation Scheme (Scotland) Amendment (No. 3) Regulations 2003

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Officer service treated as practitioner service

7.  In Schedule 1 (medical and dental practitioners), in paragraph 9(1)–

(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)”.

(1)

Paragraph 9 was amended by S.S.I. 2003/55.

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