The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

Early retirement on termination of employment by employing authority S

2.D.11.—(1) A member other than a non-GP provider who has reached age 55, but not age 65, is entitled to a pension payable for life if—

(a) the employment in which the member is an active member or a non-contributing member is terminated by the member's employing authority and the member has ceased to be employed in NHS employment;

(b) the member has two years of qualifying service;

(c) the member's employing authority certifies that the member—

(i) has at least two years' continuous employment determined in accordance with any terms and conditions applying to the employment;

(ii) is entitled to claim a pension under this regulation if the member's employment is terminated by reason of redundancy as an alternative to receiving the lump sum payment (in whole or in part) otherwise payable to the member in accordance with those terms and conditions; and

(iii) has not unreasonably refused to seek suitable alternative employment or accept an offer of such employment;

(d) the Scottish Ministers certify that the member's employment is terminated—

(i) by reason of redundancy; or

(ii) in the interests of the efficiency of the service in which the member is employed; and

(e) the member has claimed payment of the pension.

(2) A certificate under paragraph (1)(d)(ii) may only be given with the agreement of the employing authority.

(3) [F1 Subject to paragraph (3A), a pension] to which a member is entitled under this regulation becomes payable as soon as the member becomes entitled to it.

[F2 (3A) A member who satisfies the conditions of this regulation is not entitled to a pension under this regulation if the Scottish Ministers, after consultation with the scheme actuary, decide that the amount of the pension would be less than the amount of the guaranteed minimum pension to which the member is entitled.]

(4) Subject to paragraph (6), the amount of the annual pension payable under this regulation (disregarding any additional pension) is given by the formula—

where—

RP is the member's reckonable pay; and

LPS is the length of the member's pensionable service, expressed in days.

(5) A claim under paragraph (1)(e)—

(a) must be made in writing to the Scottish Ministers within 6 months of the employment terminating; and

(b) must contain such information as the Scottish Ministers may from time to time require.

(6) If—

(a) the member has received a related payment in respect of the cessation of the employment;

(b) the terms and conditions relating to the employment require that payment to be reduced to take account of the additional contributions the employing authority must make to the Scottish Ministers in accordance with regulation 2.C.6 (contributions by employing authorities: early retirement on termination of employment); and

(c) that payment has not been so reduced,

the amount of that payment (or, if there is more than one such payment, the aggregate amount of those payments) is to be deducted from the amount of the pension.

(7) In paragraph (6) “related payment” means—

(a) a redundancy payment under the Employment Rights Act 1996 M1 ; or

(b) a corresponding payment under the arrangement of the Whitley Councils for the Health Services of Great Britain.

(8) This regulation does not apply to practice staff.

(9) In the case of a 2008 Section Optant, this regulation is subject to regulation 2.K.12.

Textual Amendments

F1 Words in reg. 2.D.11(3) substituted (1.4.2015) by The National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/96), regs. 1, 29(1)(a)

F2 Reg. 2.D.11(3A) inserted (1.4.2015) by The National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/96), regs. 1, 29(1)(b)

Marginal Citations

M1 1996 c.18.