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The National Health Service Pension Scheme (Scotland) Regulations 2015

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Premature retirement in the interests of efficiency

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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.

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