3.K.5.—(1) A 2008 Section Optant—
(a)who becomes a member of this Section of the scheme; and
(b)is buying or has already bought a period of additional service that counts as pensionable service under regulation C2(1)(d) (meaning of “pensionable service”) of the 2011 Regulations,
is able to count an additional amount of pensionable earnings for that pensionable service in this Section of the scheme as described in whichever of paragraphs (5) or (6) apply to that Optant.
(2) Subject to paragraphs (3) and (4), the additional pensionable earnings referred to in paragraph (1) are—
(a)any additional pensionable earnings bought under regulation Q1 (right to buy additional service) of the 2011 Regulations (as modified by paragraph 26 of Schedule 1 to those Regulations) before the date that person’s option to join this Section of the scheme was received by the Scottish Ministers in accordance with regulation 3.K.2 (option for a member of the 1995 Section to join this Section of the scheme); and
(b)any additional pensionable earnings bought under regulation 27 (purchase of added years of contributing service) of the National Health Service (Superannuation) (Scotland) Regulations 1980(1).
(3) The additional pensionable earnings referred to in paragraph (2)(a) is to be calculated in accordance with—
(a)regulation Q1(6) (right to buy additional service) of the 2011 Regulations (as modified by paragraph 26(2) or, as the case may be, 26(4) of Schedule 1 to those Regulations) in the case of an election that had ceased and was paid for in full by the date referred to paragraph (2)(a);
(b)regulation Q7(1), (5) and (6) (but not (7)) (part payment for additional service or unreduced retirement lump sum) of the 2011 Regulations, in the case of an election that had ceased but had only partially been paid for at that date; or
(c)subject to paragraph (7), regulation Q7(1), (5) and (6) (but not (7)) of the 2011 Regulations, in the case of an election that remained in force immediately before that date.
(4) The additional pensionable earnings referred to at paragraph (2)(b) are to be calculated in accordance with whichever of regulation 27(3) or (4)(b) of the National Health Service (Superannuation) (Scotland) Regulations 1980(2) applies to the Optant.
(5) The additional pensionable earnings 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 additional pensionable earnings calculated in respect of that Optant in accordance with whichever of paragraph (3) or (4) applies.
(6) The additional pensionable earnings which a 2008 Section Optant who is age 60 or over on 1st October 2009 may count under this Section of the scheme is the pensionable earnings found by—
(a)first taking the additional pensionable earnings calculated in respect of that Optant in accordance with whichever of paragraph (3) or (4) applies (“APE”); and
(b)then multiplying APE by the factor specified by the Scottish Ministers for that purpose.
(7) Where a member was buying additional service by means of regular additional contributions immediately before the date referred to in paragraph (2)(a)—
(a)the member’s election to buy additional service ceases from that date; and
(b)any additional contributions due under the election that are unpaid at that date must be deducted from the member’s pensionable pay in accordance with regulation 3.K.2(6) and (7) (options for a member of the 1995 Section to join this Section of the scheme).
(8) Subject to regulation 3.K.16, for the purposes of calculating the Optant’s benefits under this Section of the scheme the additional pensionable earnings that the Optant is entitled to count under paragraph (5) or, as the case may be, paragraph (6) is to be added to the amount of pensionable earnings the member is entitled to count under—
(a)regulation 3.K.3(3), if the member is under age 60 on 1st October 2009; or
(b)regulation 3.K.3(4), if the member is age 60 or over on that date.
S.I. 1980/1177. Regulations 27 and 28 were revoked by S.I. 1995/365.
S.I. 1980/1177. Regulations 27 and 28 were revoked by S.I. 1995/365.