The National Health Service Pension Scheme (Scotland) Regulations 2015

Premature retirement in the interests of efficiency

80.—(1) A relevant member (M) is entitled to payment of a premature retirement pension from the entitlement day if—

(a) M has reached normal minimum pension age but has not reached normal pension age;

(b) M is qualified for retirement pension benefits;

(c) M’s pensionable service has been terminated by M’s employer in the interests of the efficient discharge of the functions of M’s employing authority;

(d) M’s employing authority gives written notice to the scheme manager pursuant to paragraph (2);

(e) the scheme manager certifies that M’s employment is terminated in the interests of the efficient discharge of the employing authority’s functions;

(f) M has ceased to be employed in NHS employment; and

(g) not later than 6 months after M’s employment is terminated, M applies under paragraph 4 of Schedule 3 for payment of a premature retirement pension.

(2) The notice must state that—

(a) M’s pensionable service was terminated in the interests of the efficient discharge of the employing authority’s functions;

(b) M has at least 2 years’ continuous employment determined in accordance with any terms and conditions applying to the employment;

(c) the employing authority agrees that a premature retirement pension should become payable to M; and

(d) M has not unreasonable refused—

(i) to seek suitable alternative employment, or

(ii) to accept an offer of such employment.

(3) A certificate under paragraph (1)(e) may be given only with the agreement of M’s employing authority.

(4) A premature retirement pension is payable for life.

(5) A relevant member is a member who is not—

(a) a practitioner;

(b) a non-GP provider; or

(c) practice staff.

(6) Part 4 of Schedule 11 has effect in respect of the calculation of the amount of a premature retirement pension.