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

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Service and pensionable earnings credited from the 1995 Section
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3.K.3.—(1) A 2008 Section Optant who—

(a)becomes a member of this Section of the scheme; and

(b)is not entitled to a pension under regulation E3 (early retirement pension on ill health grounds (post 1st April 2008)) of the 2011 Regulations,

is entitled to count the following service under this Section of the scheme.

(2) The member may count as qualifying service a period equal in length to the period of qualifying service up to, and including, 31st March 2008 which the member was entitled to count under the 1995 Section (but not exceeding 45 years).

(3) Subject to paragraph (9) and regulation 3.K.10, the pensionable earnings and service which a 2008 Section Optant who is under age 60 on 1st October 2009 may count under this Section of the scheme is an amount equal to the amount of pensionable earnings for practitioner service up to, and including, 31st March 2008 which the Optant was entitled to count under regulation C2 (meaning of “pensionable service”) of the 2011 Regulations.

(4) Subject to paragraphs (5), (8), (9) and (10) and regulation 3.K.10 the pensionable earnings and service which a 2008 Section Optant who is age 60 or over on 1st October 2009 may count under this Section of the scheme is an amount equal to the amount of pensionable earnings for practitioner service up to and including 31st March 2008 which the Optant was entitled to count under regulation C2 (meaning of “pensionable service”) of the 2011 Regulations multiplied by the factor specified in paragraph (8) applicable to the case.

(5) Subject to paragraph (6) in determining the amounts of pensionable earnings up to, and including, 31st March 2008 in paragraph (3) or (4), the Scottish Ministers must have regard to—

(a)the pensionable earnings for any scheme year recorded by the Optant’s contracting Health Board or someone appointed to act on its behalf;

(b)the pensionable earnings for any scheme year certified by the Optant in accordance with paragraph 31 of Schedule 1 to the 2011 Regulations.

(6) Subject to paragraph (7) if, in respect of any particular scheme year, the pensionable earnings referred to in paragraph (5)(a) or (b) are not available, the Scottish Ministers must determine the pensionable earnings for that scheme year and in doing so must have regard to—

(a)the contributions paid in accordance with regulation D1 (contributions by members) of the 2011 Regulations or regulation 3.C.1 (contributions by members); or

(b)the figure supplied by the contracting Health Board or someone appointed to act on its behalf.

(7) If—

(a)the Scottish Ministers have made a determination of pensionable earnings in accordance with paragraph (6); and

(b)the pensionable earnings referred to in paragraph (5) that were not available to the Scottish Ministers at the time of that determination, subsequently become available,

the Scottish Ministers must revise that determination accordingly.

(8) The factor referred to in paragraph (4) is the factor specified by the Scottish Ministers for that purpose.

(9) For the purposes of paragraphs (3) and (4), the pensionable earnings for practitioner service which the 2008 Section Optant is entitled to count under regulation C2 (meaning of “pensionable service”) of the 2011 Regulations does not include any pensionable service the Optant was entitled to count under regulation C2(1)(d) of those Regulations.

(10) Where a 2008 Section Optant becomes a member of this Section of the scheme under this Part, all rights in respect of that Optant under the 1995 Section are extinguished.

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