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The National Health Service (Superannuation Scheme and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2006

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Amendment of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003

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3.—(1) The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003(1) are amended as follows.

(2) For regulation 3 (persons to whom the regulations apply), substitute–

Persons to whom the Regulations apply

3.  These Regulations shall apply to an officer who on ceasing to be employed in the employment of an employing authority–

(a)becomes entitled to benefits in accordance with regulation E3 of the Superannuation Scheme Regulations; or

(b)notifies the Scottish Ministers in accordance with regulation E3B of the Superannuation Scheme Regulations that he or she wishes regulation E3 of those Regulations to apply to him or her..

(3) In regulation 5 (crediting of additional period of service) after paragraph (1), insert–

(1A) Paragraphs (1B) and (1C) shall apply where an entitled officer becomes so entitled on, or after, 1st December 2006 but before 1st July 2007.

(1B) The additional period of service an entitled officer shall be credited with where regulation 6(4) does not apply to him or her at 30th September 2006, shall be equal to R and determined by the formula–

P - Q = R

where–

  • P is the additional service he or she would have been credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30th September 2006 as if he or she became so entitled at that date; and

  • Q is the period commencing on, or after, 1st October 2006 and ending on the day on which he or she does in fact become so entitled.

(1C) Where regulation 6(4) does apply to an entitled officer at 30th September 2006–

(a)the additional period of service he or she shall be credited with shall be equal to P (as defined in paragraph (1B)); and

(b)the amount of compensation payable to him or her shall be determined in accordance with that regulation except that the “relevant amount” referred to in that regulation shall be reduced by the fraction–

  • and R and P have the same meaning as in paragraph (1B).

(1D) Paragraphs (1E) to (1H) shall apply where an entitled officer becomes so entitled on, or after, 1st July 2007 but before 1st October 2011.

(1E) The additional period of service an entitled officer shall be credited with where regulation 6(4) does not apply to him or her at 30th September 2006, shall be equal to U and determined by the formula–

S - T = U

Where–

  • S (except where paragraph (1F) applies) is the additional period of service he or she would have been credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his or her service at 30th September 2006 as if he became so entitled at that date; and

  • T is the period commencing on, or after, 1st October 2006 and ending on the day on which he or she does in fact become so entitled.

(1F) For the purposes of paragraph (1E) only, where the additional period of service an entitled officer would have been credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his or her service as at 30th September 2006 as if he or she became so entitled at that date is greater than 5 years (but not otherwise)–

(a)the excess over 5 years shall be reduced at the rate of 1/60th for each complete month commencing on, or after, 1st October 2006 and ending on the date on which he or she does in fact become so entitled (with any part day being rounded up to the nearest whole day) (“the relevant fraction”); and

(b)the result shall be S.

(1G) Where regulation 6(4) does apply to an entitled officer as at 30th September 2006–

(a)the additional period of service he or she shall be credited with shall be equal to S (as defined in paragraph (1E)); and

(b)the amount of compensation payable to him or her shall be determined in accordance with that regulation except that the “relevant amount” referred to in that regulation shall be reduced by amount X.

(1H) Amount X shall be–

(a)V (except where (b) applies);

(b)the product of V+W where the additional service a member would be credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his or her service at 30th September 2006 as if he or she became so entitled at that date is greater than 5 years (but not otherwise), where–

  • and S and T have the same meaning as in paragraph (1E).

(1I) Where it is more beneficial to an entitled officer to whom paragraphs (1A) to (1C) of this regulation apply–

(a)those paragraphs shall be ignored; and

(b)he or she shall be credited with additional service calculated by applying paragraph (1)(a) or, as the case may be, (1)(b) to his or her service at 30th September 2006 and as if he or she became so entitled at that date..

(1)

S.S.I. 2003/344, amended by S.S.I. 2005/445, 512 and 544.

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