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The National Health Service Superannuation Scheme (Scotland) Regulations 2011

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Practitioners with benefits from both practitioner and officer service

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13.—(1) A member—

(a)who has at least two years’ qualifying service or in respect of whom a transfer payment has been made to this Section of the scheme in respect of the member’s rights under a personal pension scheme;

(b)who ceases to be in officer service while continuing in practitioner service; and

(c)whose officer service is not treated as practitioner service under paragraph 11(6) or (10),

is entitled to receive a separate pension in respect of the member’s officer service.

(2) A member—

(a)who has at least two years qualifying service or in respect of whom a transfer payment has been made to this Section of the scheme in respect of the member’s rights under a personal pension scheme; and

(b)who ceases to be in practitioner service while continuing in officer service,

is entitled to receive a separate pension and retirement lump sum in respect of such of the member’s pensionable service as is specified in sub-paragraph (3).

(3) The pensionable service specified for the purposes of sub-paragraph (2) is—

(a)any practitioner service; and

(b)any officer service which falls to be treated as practitioner service under paragraph 11.

(4) Subject to sub-paragraph (5), the amount of any pension or retirement lump sum which a member is entitled to receive under sub-paragraph (1) or (2) is the same as the amount of the pension or retirement lump sum which the member would have been entitled to receive under these Regulations if the member had left pensionable employment on the day on which the member ceased to be in officer service or, as the case may be, ceased to be in practitioner service.

(5) A member who is entitled to a pension and retirement lump sum under sub-paragraph (2) will, if it would be more favourable to the member, be treated as having continued in practitioner service until the last day of the member’s pensionable employment.

(6) Where—

(a)a member who, before commencing the member’s final period of practitioner service, has service as an officer (whether that service as an officer consists of a separate period of such service or two or more such periods);

(b)that officer service is preceded by an earlier period of practitioner service; and

(c)some or all of the officer service is not concurrent with the practitioner service,

sub-paragraph (7) applies.

(7) If it would be more favourable, a member referred to in sub-paragraph (6)(a) is entitled to receive a separate pension and retirement lump sum for such part of that officer service that is not concurrent with the member’s final period of practitioner service.

(8) The amounts of the pension and retirement lump sum referred to in sub-paragraph (7) are subject to a 1.5% increase for each whole year or part of a year within the increment period and that increase shall—

(a)be applied in like manner and at the same intervals as an increase applied to a pension under the Pensions (Increase) Act 1971; and

(b)be effective immediately before the pension and lump sum become payable under these Regulations.

(9) The increment period referred to in sub-paragraph (8) will—

(a)begin with the day immediately following the day on which the officer service referred to in sub-paragraph (7) ceased for the last time; and

(b)end with the day immediately before the pension and retirement lump sum become payable under these Regulations.

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