The National Health Service Pension Scheme (Scotland) Regulations 2015

Effect of break in pensionable service

23.—(1) In the following table a break in a period of pensionable service of a member (M) in circumstances set out in Column 1 has the effect described in Column 2.

Table

Column 1	Column 2
Part 1
M leaves active membership, is neither qualified for a retirement pension pursuant to regulation 71 nor is a pensioner member because of rights resulting from that membership, then returns to active service
1. The break—	The period of pensionable service before the break is treated as continuous with the period after the break.
(a) does not exceed one month; or (b) is due to a trade dispute (within the meaning of section 35(1) of the Jobseekers Act 1995(1)).
2. No transfer payment is made to another scheme in respect of pensionable service before the break.
3. It is immaterial if a refund of contributions is paid to M in respect of the period before the break.
1. The break does not exceed 5 years.	The period of pensionable service before the break is treated as continuous with the period after the break.
2. No transfer payment is made to another scheme in respect of M’s pensionable service before the break.
3. If a refund of contributions in respect of the period before the break is paid to M, it is repaid before the end of the period of 6 months starting on the first day of pensionable service after the break.
1. The break exceeds 5 years	The period of pensionable service before the break is not treated as continuous with the period after the break and does not count towards qualifying service.
2. M may claim a refund of contributions in respect of pensionable service before the break.
Part 2
M leaves active membership, is qualified for a retirement pension pursuant to regulation 71 but is not a pensioner member because of rights resulting from that membership, then returns to active service
1. The break does not exceed 5 years.	The period of pensionable service before the break is treated as continuous with the period after the break.
2. No transfer payment is made to another scheme in respect of M’s pensionable service before the break.
1. The break exceeds 5 years.	The period of pensionable service before the break is not treated as continuous with the period after the break and does not count towards qualifying service
2. No transfer payment is made to another scheme in respect of M’s pensionable service before the break

(2) In paragraph (1) a reference to the repayment of a refund of contributions includes the repayment of any interest on the contributions.

(1)

1995 c.18.