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The National Health Service Superannuation Scheme (Scotland) Regulations 2011

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Suspension of pension on return to NHS employment

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S1.—(1) This regulation applies where a pension becomes payable to a member by virtue of regulation E1 (normal retirement pension), or E11 (early retirement pension (with actuarial reduction)) or a preserved pension is payable to the member in the circumstances described in E12, and, within one month of the date on which the pension becomes payable, the member enters NHS employment in which the member is engaged for more than 16 hours per week.

(2) A member to whom this regulation applies must inform the member’s employer, and any other person that the Scottish Ministers may specify, that the member’s pension under this Section of the scheme has become payable.

(3) Where this regulation applies the pension referred to in paragraph (1) shall, subject to paragraph (4), cease to be payable.

(4) The pension referred to in paragraph (1) becomes payable again—

(a)if the member for a period of 1 month—

(i)ceases to be in any NHS employment; or

(ii)reduces the number of hours worked to 16 or less; or

(b)if sooner than events described in sub-paragraph (a)—

(i)from the date of the member’s 70th birthday if the pension referred to in paragraph (1) becomes payable on or before 31st March 2008; or

(ii)from the date of the member’s 75th birthday if the pension referred to in paragraph (1) becomes payable on or after 1st April 2008.

(5) For the purposes of this regulation “NHS employment” includes employment with a National Health Service employing authority in England and Wales in respect of which regulations made under section 10 of the Superannuation Act 1972 apply and employment to which regulations made under Article 12 of the Superannuation (Northern Ireland) Order 1972 and section 2 of the Superannuation Act 1984 (an Act of Tynwald) apply.

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