The National Health Service (Superannuation Scheme, Pension Scheme and Injury Benefits) (Scotland) Amendment (No. 2) Regulations 2009

Amendment of regulation B3

3.  In regulation B3 (restrictions on further participation in the scheme) for paragraph (2), substitute–

“(2) Persons whose pensions under the scheme are payable may not contribute to or accrue further pensionable service under the scheme, except in the cases referred to in–

(a) regulation E2(11) (further pensionable employment under the age of 50 after early retirement pension (ill health));

(b) regulation E2A(11) (ill health pension on early retirement) but subject to paragraph (3); or

(c) regulation R4(4) (members doing more than one job).

(3) Persons to whom–

(a) regulation E2B(3)(a) (re-assessment of ill health condition determined under regulation E2A) applies may not (except where sub-paragraph (b) applies) contribute to or accrue further pensionable service under the scheme from the date the Scottish Ministers make a determination under that regulation;

(b) sub-paragraph (a) applies may contribute to or accrue further pensionable service under the scheme from the day after the first anniversary of that person’s NHS employment following the date of the Scottish Ministers' determination under regulation E2B if that person is under the age of 50 on that day.”.