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

Transfers-in: transitional provision S

2.K.13.—(1) This regulation applies to a 2008 Section Optant who—

(a) commenced a period of pensionable employment in the 1995 Section on, or after, 1st April 2008; and

(b) within one year of the commencement of that employment makes an application to transfer accrued rights to benefits to the 1995 Section under regulation N1 (member's right to transfer accrued rights to benefits to this Section of the scheme) of the 2011 Regulations.

(2) If—

(a) the Scottish Ministers accept the transfer payment in respect of the application referred to in paragraph (1) in accordance with regulation N1(5) of the 2011 Regulations; and

(b) that payment is received by the Scottish Ministers before the day on which the person's option to join this Section of the scheme is received,

the period of pensionable service that the Optant is entitled to count in respect of that transfer payment for the purposes of calculating benefits payable to or in respect of the Optant under this Section of the scheme is to be calculated as described in paragraph (4).

(3) If the transfer payment in respect of an application referred to in paragraph (1) is received by the Scottish Ministers on, or after, the day on which the person's option to join this Section of the scheme is received—

(a) the Scottish Ministers may accept that payment under this Section of the scheme—

(i) without requiring the Optant to make an application under regulation 2.F.8 (right to apply for acceptance of transfer value payment from another scheme); and

(ii) subject to such other conditions as the Scottish Ministers may require; and

(b) if the Scottish Ministers accept the payment, the period of pensionable service that the Optant is entitled to count in respect of that payment for the purposes of calculating benefits payable to or in respect of the Optant under this Section of the scheme is to be calculated as described in paragraph (4).

(4) Subject to paragraph (5) the period of pensionable service that the Optant is entitled to count for the purposes of calculating benefits payable to, or in respect of, that Optant under this Section of the scheme—

(a) is to be calculated in accordance with regulation 2.F.11 (calculation of transferred-in pensionable service); and

(b) the starting day for the purposes of regulation 2.F.11(2) and (3) is the day that the Optant's pensionable employment referred to in paragraph (1) commenced.

(5) If the transfer value payment is accepted by the Scottish Ministers under the public sector transfer arrangements—

(a) regulation 2.F.12 (meaning of “capped transferred-in service”) applies to the Optant in respect of the period of pensionable service that the Optant is entitled to count under this regulation; and

(b) the reference in regulation 2.F.12(2) to the service that the member is entitled to count under regulation 2.F.10(2)(a) (acceptance of transfer value payments) must be read as a reference to the service the Optant is entitled to count under paragraph (4).