The National Health Service Pension Scheme (Scotland) Regulations 2008

Dual capacity membership

3.D.17—(1) This paragraph applies if a member is–

(a) a member of the scheme of 2 or more of the kinds specified in paragraph (2);

(b) a pensioner member in respect of 2 or more pensions; or

(c) a deferred member in respect of 2 or more pensions.

(2) The kinds of member are–

(a) an active member;

(b) a deferred member;

(c) a pensioner member; and

(d) a pension credit member.

(3) If paragraph (1) applies, the general rule is that–

(a) benefits are payable to the member under this Chapter (or to any person to whom the member has opted to allocate pension under regulation 3.D.14) as if the member were 2 or more members of the kinds in question (so that 2 or more pensions or lump sums are payable in respect of the one member); and

(b) the amounts payable are determined accordingly.

(4) The rule in paragraph (3) is subject to any indication to the contrary and, in particular, does not affect the interpretation of–

(a) regulation 3.A.3(3) (45 year limit);

(b) regulation 3.D.5(9) in a case where a member is both an active member and a pensioner member by virtue of that regulation;

(c) regulation 3.G.3 (exception to general rule in 3.G.2 about separate treatment of pay and service);

(d) regulation 3.G.4 (effect of re-employment on upper tier ill health pensions);

(e) regulation 3.G.5 (re-employed lower tier ill health pensioners); or

(f) Chapter 3.H (abatement).

(5) If a person who is a pension credit member is entitled to 2 or more pension credits–

(a) benefits are payable to the person under the scheme (or to any person to whom the member has opted to allocate pension under regulation 3.D.14) as if the person were 2 or more persons, each being entitled to one of the pension credits (so that 2 or more pensions or lump sums are payable to the one pension credit member); and

(b) the amounts of those benefits are determined accordingly.