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

Application of Chapter 2.H S

2.H.1.—(1) This Chapter applies if—

(a) a person who is a pensioner member of this Section of the scheme is employed in NHS employment;

(b) the person's employment is not employment to which the person was transferred as a result of a transfer of an undertaking to the person's employer;

(c) the person's pension is a pension under—

(i) regulation 2.D.8 (early retirement on ill health: active members and non-contributing members);

(ii) regulation 2.D.10 (early retirement on ill health: deferred members); or

(iii) regulation 2.D.11(1)(d)(ii) (early retirement on termination of employment by employing authority) in a case where the Scottish Ministers certified that the member's employment was terminated in the interests of the efficiency of the service in which the member was employed; and

(d) the person has not reached age 65.

(2) In this Chapter, “NHS employment” includes—

(a) employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 M1 ;

(b) employment to which regulations made under section 10 of the Superannuation Act 1972 M2 and having effect in England and Wales apply;

(c) employment to which regulations made under article 12 of the Superannuation (Northern Ireland) Order 1972 M3 apply;

(d) employment commencing on or before 31st March 2012 to which a scheme made under section 2 of the Superannuation Act 1984 M4 (an Act of Tynwald) applies; and

(e) employment with an employer with whom an agreement has been made under section 235 (superannuation of officers of certain hospitals) of the 2006 Act.

(3) Subject to paragraph (4), in this Chapter—

(a) a person to whom this Chapter applies is referred to as an “employed pensioner”;

(b) the pension to which the employed pensioner is entitled is referred to as the “old service pension”;

(c) the employment in respect of which the pension is payable is referred to as the “the old employment”; and

(d) the employment in which the employed pensioner is employed is referred to as the “new employment”.

(4) This Chapter applies whether or not the person is an active member of this Section of the scheme in the new employment.

Marginal Citations

M1 1967 c.28. Section 7 was amended by S.I. 1968/1699, section 10(5) of, and paragraph 66 of Schedule 6 and Schedule 8 to, the Superannuation Act 1972 (c.11), Schedule 5 to the National Health Service Reorganisation Act 1973 (c.32), paragraph 24 of Schedule 16 to the National Health Service (Scotland) Act 1978 (c.29) and paragraph 29 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c.43).

M2 1972 c.11. Section 10 was amended by Schedule 5 to the National Health Service Reorganisation Act 1973 (c.32), Schedule 7 to the National Health Service (Scotland) Act 1972 (c.58), sections 4(2) and 8(5) and (6) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7), paragraph 7 of Schedule 8 to the Pension Schemes Act 1993 (c.48) and by S.I. 2001/3649.

M3 S.I. 1972/1073 (N.I. 10).

M4 1984 c.8 (Tynwald).