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

Insertion of new regulation 2.F.17

44.  After regulation 2.F.16 (EU and other overseas transfers), insert–

“Transfers across

Transfers across from the NHS superannuation scheme for Scotland 1995

(1) An active member who is entitled to have a cash equivalent value calculated in respect of the entirety of the member’s rights under the NHS superannuation scheme for Scotland 1995, or that section of a corresponding health service scheme pursuant to regulation M7 (waiver of transfer payments) of the 1995 Regulations, may apply to convert that cash equivalent value into rights under the scheme.

(2) An application under paragraph (1)–

(a) must be made in writing using an application form provided for the purpose by the Scottish Ministers;

(b) may only be made before the end of the period of three months beginning with the guarantee date established under regulation M7 of the 1995 Regulations;

(c) may only be made if the member has first been furnished with a statement of the pensionable service that the member will be entitled to count under the scheme if the application is accepted by the Scottish Ministers;

(d) must meet such other conditions as the Scottish Ministers may require; and

(e) is irrevocable.

(3) The statement mentioned in paragraph (2)(c) must–

(a) inform the member of the amount of pensionable service that will count under the scheme, and must be calculated in accordance with any guidance, tables and other relevant factors provided by the scheme actuary for that purpose;

(b) inform the member of the amount of pensionable service that will count under this scheme when determining whether or not the member has reached 45 years of pensionable service for the purposes of regulation 2.A.3; and

(c) be calculated in accordance with any guidance and other relevant factors provided by the scheme actuary for that purpose.

(4) If the Scottish Ministers accept an application under paragraph (1)–

(a) the member is entitled to count the period of pensionable service mentioned in paragraphs (3)(a) and (b) for the purposes of calculating benefits payable to or in respect of the member under the scheme; and

(b) that period of pensionable service shall be credited to the member on the day that the Scottish Ministers received the member’s application.”.