The National Health Service (Superannuation Scheme, Pension Scheme and Injury Benefits) (Scotland) Amendment Regulations 2009

Amendment of regulation 2.A.9

28.—(1) Regulation 2.A.9 (pensionable pay: breaks in service) is amended as follows.

(2) In paragraph (2), for “paragraph (3)” substitute “paragraph (7) in the case of a non GP provider or paragraph (3) in the case of a member who is not a non GP provider”.

(3) In paragraph (3), before “falling” insert “who is not a non GP provider”.

(4) In paragraph (6), for “(up to 6” substitute “or (3A) (up to 24”.

(5) In paragraph (7)(a), for “2.A.8(9)” substitute “2.A.8(8)”.

(6) For paragraph (8), substitute–

“(8) If the earnings used to calculate a member’s pensionable pay cease during a period of absence to which this regulation applies–

(a) a non GP provider falling within paragraph (1)(a) is, subject to sub-paragraph (b), to be treated as having continued in pensionable employment for a period of 12 months from the date on which the member’s earnings ceased and the member will not be treated as having left pensionable employment until the end of that 12 month period;

(b) a non GP provider falling within paragraph (1)(b) to (e) who paid contributions on the basis of reduced earnings in accordance with paragraph (4)(b) will, subject to paragraph (9), continue to pay contributions at that rate, except that no refund of contributions or other benefit will be payable until the member actually leaves pensionable employment; and

(c) a member other than a non GP provider will, subject to paragraph (5), be treated as having left pensionable employment except that no refund of contributions or other benefit will be payable until the member actually leaves pensionable employment.

(8A) For the purposes of paragraph (8)(a)–

(a) during the 12 month period, the non GP provider’s pensionable earnings will be calculated as described in paragraph (7)(a) or (b) (whichever is applicable); and

(b) at the end of the 12 month period, when the member is regarded as having left pensionable employment, no refund of contributions or other benefit will be payable until the member actually leaves employment.”.

(7) In paragraph (9), after “paragraph (8)” insert “(b)”.

(8) In paragraph (10), for “non GP provider” wherever it appears substitute “member”.

(9) In paragraph (11)–

(a) for “non GP provider” where it twice appears substitute “member”;

(b) for “paragraph (7) applies” substitute “this regulation applies”; and

(c) for “(7)(a) or (8)” substitute “(8)(c), (8A)(b) or (10)”.

(10) In paragraph (12), for “non GP provider” wherever it appears substitute “member”.