108. The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998(1) are amended in accordance with this Part.
109. In regulation 2 (interpretation)—
(a)in paragraph (1)—
(i)omit the definition of “the 1995 Regulations”;
(ii)after the definition of “the 2008 Regulations” insert—
““the 2011 Regulations” means the National Health Service Superannuation Scheme (Scotland) Regulations 2011;”;
(iii)in the definition of “child”, in sub-paragraph (a), for “1995” substitute “2011”;
(iv)in the definition of “date of retirement”, in sub-paragraph (a), for “E6 (preserved pension) of the 1995” substitute “E12 (preserved pension) of the 2011”;
(v)in the definition of “dependant”, in sub-paragraph (c)(i), for “1995” substitute “2011”;
(vi)in the definition of “NHS Superannuation Scheme”, for the words from “1995” to “be” substitute “2011 Regulations (the 1995 Section) and the 2008 Regulations (the 2008 Section)”;
(vii)in the definition of “normal benefit age”, in sub-paragraph (a), for “1995” substitute “2011”;
(viii)in the definition of “pensionable service”, in sub-paragraph (a), for “1995” substitute “2011”; and
(ix)in the definition of “retirement”, in sub-paragraph (a), for “1995” substitute “2011”; and
(b)in paragraph (2), for “1995” substitute “2011”.
110. In regulation 3 (making and acceptance of elections)—
(a)in paragraph (3)(b), for “1995” substitute “2011”; and
(b)in paragraph (6), for “1995” substitute “2011”.
111. In regulation 4 (payment and amount of additional contributions)—
(a)in paragraph (3)(b), for “1995” substitute “2011”; and
(b)in paragraph (3A)—
(i)in the definition of “employer”, for “1995” substitute “2011”; and
(ii)in the definition of “salary”, for “1995” substitute “2011”.
112. In regulation 6 (circumstances in which elections cease to have effect)—
(a)in paragraph (1)(a), for “E6 of the 1995” substitute “E12 of the 2011”;
(b)in paragraph (1)(c), for “1995” substitute “2011”; and
(c)in paragraph (1)(d), for “1995” substitute “2011”.
113. In regulation 9 (inward transfers: mis-sold pensions)—
(a)in paragraph (1)—
(i)for “1995” substitute “2011”; and
(ii)for “N3A” substitute “N5”;
(b)in paragraph (2), for “1995” substitute “2011”;
(c)in paragraph (3)(b), for “N3A(2)(a) of the 1995” substitute “N5 of the 2011”; and
(d)in paragraph (6)—
(i)in the definition of “opted out service”, for “N3A(2)(a) of the 1995” substitute “N5 of the 2011”; and
(ii)in the definition of “personal pension scheme”, for “1995” substitute “2011”.
114. In regulation 10 (outward transfers)—
(a)in paragraph (4)(a), for “1995” substitute “2011”;
(b)in paragraph (4A)(a), for “(early leaver without preserved pension) of the 1995” substitute “(applications for transfer value payments: time limits) of the 2011”; and
(c)in paragraph (8)—
(i)in sub-paragraph (b)(i), for “60” substitute “75”; and
(ii)in sub-paragraph (b)(ii), for “1995” substitute “2011”.
115. In regulation 11 (retirement and dependants’ pensions)—
(a)in paragraph (2)(b)(i), for “1995” substitute “2011”; and
(b)in paragraph (8), for “1995” substitute “2011”.
116. In regulation 14 (repayment of investments in certain cases), in paragraph (1)(b)(i), for “E9 of the 1995” substitute “E15 of the 2011”.
117. In regulation 15 (payments by Secretary of State)—
(a)in paragraph (3)(b)(ii)(aa), for “1995” substitute “2011”;
(b)in paragraph (9), for “E6 of the 1995” substitute “E12 of the 2011”; and
(c)in paragraph (10)(a), for the words from “E2(7)” to “1995” substitute “E2(8) (early retirement pension on ill health grounds (pre 1st April 2008)), E3(7) (early retirement on ill health grounds (post 1st April 2008)) or E12(7) (preserved pensions) of the 2011”.
118. In regulation 19 (offset for crime, negligence or fraud), for “T5 of the 1995” substitute “T6 of the 2011”.
119. In regulation 20 (loss of rights to benefit) for “T6 of the 1995” substitute “T7 of the 2011”.
120. In Schedule 2 (pension sharing on divorce or nullity of marriage or dissolution or nullity of civil partnership)—
(a)in paragraph 1(5)(b), for “1995” substitute “2011”;
(b)in paragraph 13(1)(a), for “T5 of the 1995” substitute “T6 of the 2011”;
(c)in paragraph 14(1)(a), for “T6 of the 1995” substitute “T7 of the 2011”; and
(d)in paragraph 14(1)(b), for “T6 of the 1995” substitute “T7 of the 2011”.
S.I. 1998/1451, amended by S.I. 2001/3649, S.S.I 2001/465, 2004/62, 2005/544, 2006/307, 2008/225, 2010/22 and 369.