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

Amendment of regulation 2.B.1

29.  In regulation 2.B.1(5) (eligibility: general)–

(a) after sub-paragraph (d)(ii) (before the full out words) insert–

“(e) the person–

(i) ceased to be an active member of the NHS superannuation scheme for Scotland 1995 on leaving NHS employment;

(ii) became a deferred member of that scheme on leaving that employment and has not become a pensioner member of that scheme between the date of leaving that employment and joining the scheme; and

(iii) re entered NHS employment on or after 1st October 2008 and 5 or more years since last leaving NHS employment; or

(f) the person–

(i) ceased to be an active member of the NHS superannuation scheme for Scotland 1995 before 1st April 2008 on leaving NHS employment;

(ii) became a deferred member of that scheme on leaving that employment;

(iii) re entered NHS employment on or after 1st October 2008 and 5 or more years since last leaving NHS employment; and

(iv) before the person re entered such employment–

(aa) a transfer payment was made in respect of the person under Part M (transfer-out arrangements and buy-outs) of the 1995 Regulations; or

(bb) the person made an application under regulation M2 of those Regulations (exercising a right to transfer or buy out) from which the person may not withdraw.”; and

(b) in the full out words, for “sub-paragraph (d)” substitute “sub-paragraphs (d) to (f)”.