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The National Health Service Superannuation Scheme (Scotland) Regulations 2011

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R4.—(1) This regulation applies to members in NHS employment—

(a)with more than one employing authority;

(b)who hold, under one employing authority, two or more separate employments; or

(c)to whom paragraph (9) below applies.

(2) A member may contribute to this Section of the scheme in respect of all or any of the member’s employments with employing authorities, subject to an aggregated maximum of 365 days’ whole-time equivalent pensionable employment; except that a member who is contributing to this Section of the scheme in respect of whole-time NHS employment cannot contribute to this Section of the scheme in respect of concurrent employment with the same or another employing authority.

(3) Subject to paragraphs (4) and (6), a member will not become entitled to a pension under any of regulations E1 to E11 until the termination of all NHS employments (including employment as a practitioner) or until the member reaches age 75.

(4) If a member leaves employment with an employing authority and becomes entitled to a pension under regulation E6 (early retirement pension (redundancy etc.) or regulation E7 (Redundancy etc. new starters and post-transition)) in relation to the employment that has ended, the member may, instead of taking benefits in respect of all NHS employment, elect to take benefits only in respect of the employment that has ended and to continue to accrue benefits in respect of the other continuing pensionable employments.

(5) Where a member elects under paragraph (4), paragraph (3) will apply in relation to any employment in respect of which the member continues to accrue benefits.

(6) For the purposes of paragraph (3) a member, on leaving NHS employment, will be treated as having terminated all NHS employment where any remaining NHS employment amounts to 16 hours per week or less.

(7) Regulation S2 (members who return to NHS employment after pension becomes payable) will apply to any member who becomes entitled to a pension under paragraph (4) while continuing to accrue benefits in respect of other NHS employment.

(8) Subject to paragraph (9), in calculating the member’s final year’s pensionable pay there will be taken into account pensionable pay in respect of any other pensionable employment in that final year except a pensionable employment in respect of which the member continues to accrue benefits in accordance with paragraph (4).

(9) A member who becomes entitled to a pension under regulation E6 or E7 in respect of the member’s employment as an officer and has terminated concurrent employment as a practitioner not more than 12 months before the date on which the member becomes entitled to that pension is not entitled to receive a pension under that regulation in respect of any employment as a practitioner, but is entitled to receive only a pension under regulation E1 or E11 or a preserved pension under regulation E12, in respect of any such employment.

(10) Where paragraph (9) applies, the member may, in respect of any service as an officer which has terminated and to which paragraph 11(1), (9) or (14) of Schedule 1 applies, elect for the said paragraph 11 not to apply and instead to receive a pension under regulation E6 or E7 in respect of that service.

(11) A member will not receive a refund of contributions under regulation E15 (refund of contributions) until the member leaves all pensionable employment without becoming entitled to a pension or a preserved pension under any of regulations E1 to E12.

(12) A member may only exercise a right to transfer or buy-out under Part M (transfers and buy-outs) if the member leaves all NHS employment before reaching age 60 in the case of a transfer and age 59 for a buy-out policy and before becoming entitled to receive a pension under this Section of the scheme.

(13) Any amount by which a member’s pensionable pay in respect of concurrent part-time employments exceeds the amount which the Scottish Ministers determine would have been paid in respect of a single comparable whole-time employment will be ignored.

(14) Any amount by which a member’s pensionable service in respect of concurrent part-time employments, calculated as described in regulation C4(2) and (3) (service in respect of part-time employment), exceeds the period during which the member carried on those employments will be ignored.

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