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The National Health Service Superannuation Scheme (Scotland) Regulations 2011

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Benefits in respect of pensionable employment after pension becomes payable under regulation E3

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S4.—(1) This regulation applies to a member in respect of whom a pension is payable under regulation E3 and who subsequently returns to pensionable employment.

(2) For the purposes of this regulation—

(a)the member’s “previous service” means the pensionable service in respect of which the member became entitled to receive a pension under regulation E3; and

(b)the member’s “later service” means any pensionable service which accrues after becoming so entitled.

(3) Subject to paragraph (4), the member’s benefits in respect of later service will be calculated without regard to the member’s previous service.

(4) For the purposes of regulation C2 (meaning of “pensionable service”) and regulation D1(26) and (27) (contributions by members), the member’s previous service and later service will be aggregated.

(5) Subject to the following provisions of this regulation, a member who—

(a)is entitled to a lower tier pension in respect of the member’s previous service; and

(b)satisfies the lower tier condition or, as the case may be, the upper tier condition in respect of the member’s later service,

is entitled to the benefits described in paragraph (6).

(6) Those benefits are—

(a)the member’s original lower tier pension in respect of the member’s previous service; and

(b)a lower tier pension or, as the case may be, an upper tier pension in respect of the member’s later service.

(7) A member—

(a)to whom an upper tier pension is payable in place of a lower tier pension in respect of the member’s previous service in accordance with regulation E4(3); and

(b)who satisfies the lower tier condition or, as the case may be the upper tier condition, in respect of the member’s later service,

is entitled to the following benefit.

(8) That benefit is the aggregate of—

(a)an upper tier pension paid in accordance with regulation E4 in respect of the member’s pervious service; and

(b)a lower tier pension in respect of the member’s later service.

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