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

Amendment of regulation 3.B.1

59.  For regulation 3.B.1(5)(d) (eligibility: general) substitute–

“(d) 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 set out in this Part; and

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

(e) 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 NHS 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 of that scheme; or

(bb) the person made an application under regulation M2 of that scheme (exercising a right to transfer or buy out) from which the person may not withdraw,

but sub-paragraphs (d) to (e) will not apply if the Scottish Ministers have permitted such a person to rejoin the NHS superannuation scheme for Scotland 1995 in the circumstances described in regulation B3 (restrictions on future participation in the scheme) of the 1995 Regulations.”.