The National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2015

Amendment of regulation 2

52.  In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) insert the following definitions at the appropriate place in alphabetical order—

““the 2014 Act” means the Taxation of Pensions Act 2014(1)”;

“the 2015 Regulations” means the National Health Service Pension Scheme (Scotland) Regulations 2015;

“the 2009 Regulations” means the Registered Pension Schemes (Authorised Payments) Regulations 2009(2);

“civil partner” and “civil partnership” are to be construed in accordance with regulation 2A;

“marriage” does not include a reference to marriage of a same sex couple unless otherwise provided;

“widow” and “widower” do not include a reference to marriage of a same sex couple;”;

(ii) in the definition of “child”—

(aa) at the end of paragraph (a), omit “or”; and

(bb) after paragraph (b), insert—

“or

(c) a child’s pension under regulation 120 of the 2015 Regulations;”;

(iii) in the definition of “date of retirement”—

(aa) at the end of paragraph (a) omit “or”; and

(bb) after paragraph (b), insert—

“(c) regulation 72, 78, 80, 81, 83, 89 or 93 of the 2015 Regulations;

(d) in the case of a benefit referred to in regulation 11(1)(d), a commencement date that the participator requests that is on, or after, the participator’s normal minimum pension age: for these purposes, normal minimum pension age has the meaning given in section 279(1) of the 2004 Act,”

(iv) in the definition of “dependant”, in paragraph (c)—

(aa) at the end of sub-paragraph (i), omit “or”; and

(bb) after sub-paragraph (ii), insert—

“or

(iii) regulation 50 of the 2015 Regulations;”;

(v) in the definition of “NHS Superannuation Scheme”, at the end, insert “or in the 2015 Regulations”;

(vi) in the definition of “normal benefit age”, for paragraphs (a) and (b) substitute—

“(a) in the case of a person who was a member of the NHS Superannuation Scheme governed by the 2011 Regulations at the date on which the person’s election under regulation 3 took effect, the age of 60;

(b) in the case of a person whose pension arrangements are governed by the 2013 Regulations, the age of 65;

(c) in the case of a person whose pension arrangements are governed by the 2015 Regulations—

(i) the person’s state pension age; or

(ii) if higher, the age of 65”;

(vii) in the definition of “participator”, in paragraph (a) for “11(3)” substitute “11”;

(viii) in the definition of “pensionable employment”, after “1967” insert “or a determination under section 25(5) of the Public Service Pensions Act 2013”;

(ix) in the definition of “pensionable service”, at the end insert—

“(c) regulation 20 of the 2015 Regulations;”; and

(x) in the definition of “retirement”, at the end insert—

“; or

(c) the 2015 Regulations”.

(b) after paragraph (1), insert—

“(1A) A person is a nominated partner in relation to a contributor if the person and the contributor—

(a) have jointly made and signed a declaration in such form as the Scottish Ministers require;

(b) are living together in an exclusive relationship as if they were spouses or civil partners;

(c) are not prevented from marrying or forming a civil partnership.

(1B) A person is a surviving nominated partner in relation to a contributor if—

(a) the person and the contributor jointly made and signed a declaration in such form as the Scottish Ministers require that remains effective at the member’s death; and

(b) the person satisfies the Scottish Ministers that for a continuous period of 2 years ending with the member’s death—

(i) the person and the member were living together in an exclusive relationship as if they were spouses or civil partners,

(ii) the person and the member were not prevented from marrying or forming a civil partnership, and

(iii) the person was financially dependent on the member or the person and the member were financially interdependent.

(1C) A declaration for the purposes of paragraph (1A)(a) or (1B)(a) ceases to have effect if—

(a) it is revoked by the contributor or other person by a signed notice in writing to the Scottish Ministers in such form as the Scottish Ministers may require or are willing to accept;

(b) the contributor makes a further declaration for the purpose of those paragraphs; or

(c) the contributor or the person marries or forms a civil partnership.”; and

(c) in paragraph (2), for “or the 2013 Regulations” substitute “, 2013 Regulations or the 2015 Regulations”.

(1)

2014 c.30.

(2)

S.I. 2009/1171.