Search Legislation

The National Health Service Superannuation Scheme (Scotland) Regulations 2011

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Early retirement pension (redundancy etc. new starters and post-transition)

This section has no associated Executive Note

E7.—(1) This regulation applies to a member—

(a)whose pensionable employment is terminated by the member’s employing authority; and

(b)who satisfies the conditions specified in paragraph (2).

(2) Those conditions are that—

(a)the member has 2 years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;

(b)the member’s employing authority certifies that the member has at least 2 years’ continuous employment determined in accordance with any terms and conditions applying to that employment;

(c)the member’s employing authority does not certify that the member has unreasonably refused to seek suitable alternative employment or accept an offer of such employment;

(d)the Scottish Ministers certify—

(i)that the member’s employment is terminated by reason of redundancy, or

(ii)with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which the member is employed; and

(e)the member makes a claim for the pension referred to in this regulation.

(3) A claim referred to in paragraph (2)(e) must—

(a)be in writing and addressed to the Scottish Ministers;

(b)be made within 6 months of the employment being terminated; and

(c)contain such information as the Scottish Ministers may require.

(4) A person who satisfies the conditions in paragraph (2) is entitled to a pension calculated as described in regulation E1.

(5) Where—

(a)a person who claims a pension under this regulation has received—

(i)a redundancy payment under the Employment Rights Act 1996(1); or

(ii)a corresponding payment under the arrangements of the Whitley Councils for the Health Services of Great Britain; or

(iii)a payment made by virtue of any arrangement made pursuant to paragraph 20(2) of Schedule 7A to the National Health Service Act 1978 (National Health Service Trusts – general powers)(2),

in respect of the cessation of the employment; and

(b)the terms and conditions relevant to the employment require that payment or payments be reduced to take account of the additional contributions the employing authority must make to the Scottish Ministers in accordance with regulation D2(5); but

(c)payment or payments have not been so reduced,

the pension must be reduced by an amount equal to the amount of that payment or those payments and may be reduced to zero.

(6) This regulation does not apply to—

(a)practice staff;

(b)practitioners;

(c)non-GP providers;

(d)a member who is providing piloted services under a pilot scheme;

(e)a member to whom regulation R11(1)(a) or (b) of these Regulations applies; or

(f)a member who is a dental pilot scheme employee and who is employed by a provider of piloted services other than a Health Board.

(2)

1978 c.29. Schedule 7A was inserted by Schedule 6 to the National Health Service and Community Care Act 1990 (c.19).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources