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The National Health Service Superannuation Scheme (Scotland) Regulations 2011

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Nurses, physiotherapists, midwives and health visitors

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R2.—(1) Subject to paragraph (2) this regulation applies to a member—

(a)who, at the coming into force of these Regulations—

(i)is in pensionable employment as a nurse, physiotherapist, midwife or health visitor, or

(ii)has accrued rights to benefits under this Section of the scheme arising out of a previous period in which the member was engaged in such employment and at no time since the last occasion on which the member was so engaged has had a break in pensionable employment for any one period of 5 years or more, and

(b)who spends the whole of the last 5 years of pensionable employment as a nurse, physiotherapist, midwife or health visitor.

(2) This regulation ceases to apply if the member has a break in pensionable employment of 5 years or more ending after the coming into force of the 1995 Regulations.

(3) Where this regulation applies—

(a)regulation E1 (normal retirement pension) will apply to the member as if the references, in paragraph (1) of that regulation, to age 60 were a reference to age 55;

(b)if the member leaves NHS employment because of redundancy but without becoming entitled to an immediate pension under regulation E6 (early retirement pension (redundancy etc.)) or regulation E7 (Redundancy etc. new starters and post-transition)), regulation E12 (preserved pension) will apply as if the references in that regulation to age 60 were references to age 55.

(4) Where, in accordance with paragraph (3), a member becomes entitled to receive a pension before age 60, the amount payable will—

(a)in the case of a female member, be calculated by reference to all of her pensionable service under this Section of the scheme; and

(b)in the case of a male member, be calculated only by reference to pensionable service on or after 17th May 1990.

(5) Subject to paragraph (6), if the member chooses to pay for additional service or unreduced retirement lump sum by regular additional contributions under regulation Q5, contributions may be made from the next birthday following the exercise of the right to do so, until the member’s 55th, 60th or 65th birthday, whichever the member chooses, and that date will be the chosen date under regulation Q5(3).

(6) The period for which a member chooses to pay regular additional contributions under regulation Q5 must be at least 2 years.

(7) For the purposes of paragraph (1), “pensionable employment” includes employment that qualified the member for benefit under a health service scheme from which a transfer payment has been made to this Section of the scheme.

(8) For the purposes of paragraph (1) and (2), a person will not be treated as having ceased to be in pensionable employment during any period in respect of which that person is a member of a health service scheme.

(9) For the purpose of calculating the 5 year period referred to in paragraph (1)(b), “pensionable employment” does not include additional service bought under regulation Q1 or a period in respect of which a refund of contributions has been paid under regulation E15.

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