The National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015

Option for 1995 Section members to convert to 2008 Section membership

39.—(1) This regulation applies to a person who on 31st March 2015 was in pensionable service for the purposes of the 2011 Regulations, but who on 1st April 2015 is not a person to whom the following provisions apply—

(a) paragraphs (5), (6) and, where paragraph (11) or (12) applies, paragraph (9) of regulation B3 of those Regulations; or

(b) regulation 27.

(2) A person to whom this regulation applies may give the Scottish Ministers a notice in writing electing that their pensionable service for the purposes of the 2011 Regulations be treated as if it were such service for the purposes of the 2013 Regulations.

(3) Paragraph (2) applies only to the extent that the person has not already received benefits under the 2011 Regulations in respect of the person’s pensionable service for the purposes of those Regulations.

(4) For the purposes of this regulation, a notice—

(a) includes any notice that a person may have given to the Scottish Ministers prior to 31st March 2015; and

(b) has the same effect that a notice given pursuant to Chapter 2.K or, as the case may be, Chapter 3.K of the 2013 Regulations would have had prior to 31st March 2015.