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The National Health Service Superannuation Scheme (Scotland) Regulations 2011

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Members whose earnings are reduced

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R8.—(1) The Scottish Ministers may agree to pay a preserved pension under regulation E12 in respect of a member’s pensionable service before the member’s earnings are reduced if—

(a)the member has at least two year’s qualifying service; and

(b)either of the following is the case—

(i)within the three month period after the member’s earnings are reduced that member’s employer certifies that the reduction is due to the circumstances described in paragraph (2); or

(ii)the member satisfies the conditions specified in paragraph (3).

(2) The circumstances referred to in paragraph (1)(b)(i) are that the reduction is due to—

(a)the member being transferred to other employment with an employing authority;

(b)the member taking up other employment with an employing authority in circumstances approved by the Scottish Ministers; or

(c)a change in the member’s duties, while continuing in the same employment, otherwise than at the member’s request or as a result of something done by the member.

(3) The conditions referred to in paragraph (1)(b)(ii) are that—

(a)the member has attained—

(i)normal minimum pension age; or

(ii)where relevant, protected pension age;

(b)the member makes an election and the Scottish Ministers have not previously accepted an election made by that member; and

(c)the member’s employer has certified that—

(i)the member’s pensionable pay is reduced by at least 10% for a period of at least one year beginning with the first pay day on which the reduced pensionable pay was paid;

(ii)for a period of at least 12 months ending immediately before the reduction referred to in head (i), the member’s pensionable pay had not been subject to any other reduction; and

(iii)the reduction to the member’s pensionable pay is the result of a change to that member’s duties so that the member’s new, or remaining, duties are less demanding and carry less responsibility than the member’s previous duties.

(4) The preserved pension will be calculated and paid as described in regulation E12 (preserved pension), as if the member had left pensionable employment immediately before the member’s earnings were reduced.

(5) An election referred to in paragraph (3) of this regulation must be made—

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

(b)within 15 months of the member’s pensionable pay being reduced.

(6) If a member continues to contribute to this Section of the scheme after the Scottish Ministers agree to pay a preserved pension under regulation E12 in accordance with paragraph (1), the member’s pensionable service before and after the member’s earnings are reduced will, subject to paragraph (7), be treated separately unless, when the member becomes entitled to receive a pension, or dies, (whichever occurs first), it would be more favourable to the member to treat the member’s pensionable service before and after the reduction, and all such other reductions (if any), as continuous.

(7) The member’s pensionable service before and after the member’s earnings are reduced—

(a)will be treated as continuous for the purpose of calculating the member’s qualifying service under regulation C3 (qualifying service); and

(b)if the member next leaves NHS employment with an immediate pension under regulation E2 (early retirement pension (ill health)) or E3 (ill health pension on early retirement), will be treated as continuous for the purpose of calculating whether, and if so to what extent, the pensionable service on which the pension is based should be increased.

(8) If the member leaves pensionable employment with a pension under regulation E2 or E3 and the member’s pensionable service falls to be increased as described in—

(a)regulation E2(5) to (7); or

(b)regulation E3(4) to (6),

then, if the member’s pensionable service before and after the break is treated separately under paragraph (6), the increase will apply only in respect of benefits attributable to the period after the member’s earnings were reduced.

(9) For the purposes of this regulation “pensionable pay” in respect of part-time employment means the amount that the Scottish Ministers determine would have been paid in respect of a single comparable whole-time employment.

(10) If a member dies in pensionable employment after exercising the option described in this regulation, the benefits that become payable on the member’s death will be equal to the greater of—

(a)the benefits that would be payable in the case of death in pensionable employment, in which case the member’s exercise of the option will be disregarded; and

(b)the benefits that would have been payable if the member had left pensionable employment immediately before the member’s death.

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