The National Health Service (Superannuation Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service Superannuation Scheme (Scotland) Regulations 1995 (“the principal Regulations”), the National Health Service (Scotland) (Injury Benefits) Regulations 1998 (“the Injury Benefits Regulations”), the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 (“the AVC Regulations”), and the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003 (“the Compensation Regulations”).

Regulation 1 provides for citation, commencement and effect.

Regulation 2(2) amends regulation A2 of the principal Regulations by amending the definition of “employing authority” to include those employers who are subject to a direction under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 and inserts a definition of “scheme actuary”.

Regulation 2(3) amends regulation C4(4) of the principal Regulations in relation to part-time employment, to restrict the whole notional time pensionable pay to that which would have been paid in a single comparable whole time employment.

Regulation 2(4) amends regulation D2 of the principal Regulations by replacing “Government Actuary” with “scheme actuary” and by inserting a new paragraph (9) so that where staff transfer, NHS bodies merge or change their structure, successor employers are able to be charged.

Regulation 2(5) amends regulations E5(2) and (4) and E8(7)(b) of the principal Regulations by substituting “scheme actuary” for “ Government Actuary”.

Regulations 2(6), (7) and (8) amend regulations F(1), G2(5) and H3(8) of the principal Regulations by extending death in service cover to those members whose NHS employment had ceased to be pensionable solely by virtue of having the maximum amount of reckonable service under the scheme. These amendments have retrospective effect to 1st April 1995.

Regulation 2(9) amends regulation J1 of the principal Regulations by substituting “scheme actuary” for “ Government Actuary” in paragraph 3 and clarifying that any request for allocation of pension should be made at the date of claim or before the pension is put into payment.

Regulation 2(10) amends regulation M6(1) and (2) of the principal Regulations by substituting “scheme actuary” for “ Government Actuary”.

Regulation 2(11) inserts a new regulation N1A to allow for the relaxation of the 12 month limit on members transferring membership in from other UK NHS pension schemes.

Regulation 2(12) amends regulations N3A(2)(c) and N4(2) and (3) by substituting “scheme actuary” for “Government Actuary”.

Regulation 2(13) amends regulation P1 of the principal Regulations to ensure that parental leave is treated in the same way as maternity, paternity and adoption leave and by inserting a new paragraph (5) with retrospective effect to 1st April 2007, to include “keep in touch” days as part of maternity leave.

Regulation 2(14) amends regulations Q1 of the principal Regulations to insert new paragraphs providing that members who are moderate earners and who have reduced service as a result of dissolution or annulment of marriage (or, after 5th December 2005, civil partnership) may re-build their service under regulation Q1 (right to buy additional service).

Regulation 2(15) amends regulation Q7(6) of the principal Regulations by substituting “scheme actuary” for “Government Actuary”.

Regulation 2(16) amends regulation R1(3) of the principal Regulations clarifying that the regulations apply to non-GP Providers with the modifications set out in paragraphs 3 to 5, 10 and 23 of Schedule 1.

Regulation 2(17) amends regulation S4 of the principal Regulations providing for a lump sum to be payable on death in pensionable re-employment under this regulation.

Regulation 2(18) substitutes a new regulation T1 of the principal Regulations so that an applicant must provide the Scottish Ministers with permission to see information relating to that person or that person’s entitlement where such information is held by a third party.

Regulation 2(19) amends regulation T7 (2) by substituting “scheme actuary” for Government Actuary”.

Regulation 2(20) amends regulation T9(4) to change the definitions of “due date”, “base rate” and expand the definition of “qualifying payment”. This is in order to clarify when interest should be paid to scheme members and what the rate should be.

Regulation 2(21) substitutes a new regulation U2 of the principal Regulations to make clear that dispute procedures comply with those set out in the Pensions Act 1995.

Regulation 2(22) amends regulation U3 (3) and (4) by substituting “scheme actuary” for “Government Actuary”.

Regulation 2(23) amends Schedule 1 of the principal Regulations to substitute a new paragraph 10. Paragraph 10 sets out how contributions from sources of earnings for practitioners under General Medical Services contracts are to be collected.

Regulation 3(2) amends regulation 2(1) of the Injury Benefits Regulations by amending the definition of “employing authority” to include those employers who are subject to a direction under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 for the purpose of the regulations.

Regulation 3(3) amends regulation 4(4)(b) of the Injury Benefits regulations to remove the requirement for the reduction in emoluments of an employment to be permanent for the purposes of regulation 4(4) (allowance on reduction in emoluments).

Regulation 3(4) makes a correction to regulation 4(4) and clarifies regulation 4A (recovery of costs) so that it is clear that benefits paid by the Scottish Ministers pursuant to the regulations may be recharged to the transferee or successor of a person’s employing authority in the event of any NHS reorganisation.

Regulation 3(5) inserts a new regulation 18A in to the Injury Benefits Regulations providing that an applicant must provide the Scottish Ministers with permission to see information relating to that person or that person’s entitlement where such information is held by a third party.

Regulation 3(6) amends regulation 22 of the Injury Benefits Regulations to make clear that dispute procedures comply with those set out in the Pensions Act 1995.

Regulation 4(2) amends regulation 21 of the AVC Regulations to make clear that dispute procedures comply with those set out in the Pensions Act 1995.

Regulation 5(2) amends regulation 15 of the Compensation Regulations to make clear that dispute procedures comply with those set out in the Pensions Act 1995.