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

Amendment of regulation E11

8.  In regulation E11 (general option to exchange part of pension for lump sum)–

(a) in paragraph (8) for “The option” substitute, “Subject to paragraphs (9) and (10), the option”; and

(b) after paragraph (8), add–

“(9) If the pension is an ill health pension under regulation E2A, the option under this regulation may only be exercised by giving notice in writing to the Scottish Ministers in the form required by the Scottish Ministers–

(a) where the member is awarded–

(i) a lower tier pension under paragraph (3)(a) of that regulation, at the time of claiming that lower tier pension;

(ii) an upper tier pension under paragraph (3)(b) of that regulation, at the time of claiming that upper tier pension; or

(b) before such later time as the Scottish Ministers specify in writing.

(10) If the pension is an upper tier pension under regulation E2B to be paid in place of a lower tier pension under regulation E2A, the option under this regulation may only be exercised–

(a) in relation to the difference between the lower tier pension that is replaced by the upper tier pension in accordance with regulation E2B(3) and the upper tier pension to which the member becomes entitled under that regulation; and

(b) by giving notice in writing to the Scottish Ministers in the form required by the Scottish Ministers–

(i) at the time of award of the upper tier pension under that regulation; or

(ii) before such later time as the Scottish Ministers specify in writing.”.