The National Health Service Superannuation Scheme (Additional Voluntary Contributions, Injury Benefits and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2008

Amendments of the National Health Service (Scotland) (Injury Benefits) Regulations 1998 S

3.—(1) The National Health Service (Scotland) (Injury Benefits) Regulations 1998(1) are amended as follows.

(2) In regulation 2(1) (interpretation)–

(a) omit the definitions of “average remuneration”, “OOH provider”, “practitioner” and “the Scheme”; and

(b) insert the following definitions at the appropriate place in alphabetical order–

““the 1993 Act” means the Pension Schemes Act 1993(2);”;

““the 2008 Regulations” means the National Health Service Pension Scheme (Scotland) Regulations 2008(3);”;

““average remuneration” means–

(a)

in relation to a practitioner, the yearly average of such amount as would be or would have been his uprated earnings within the meaning of whichever of the following is applicable–

(i)

paragraph 11(2) of Schedule 1 to the Superannuation Scheme Regulations, as a practitioner to whom those Regulations apply; or

(ii)

regulation 3.D.1(4)(b) (normal retirement pensions) of the 2008 Regulations, as a practitioner to whom those Regulations apply;

(b)

in relation to a person other than a practitioner, such amount as would be or would have been–

(i)

his final year’s pensionable pay under regulation C1 of the Superannuation Scheme Regulations, as an officer to whom those Regulations apply (assuming, in the case of a person to whom regulation 3(1)(c) applies, that he was in receipt of the pensionable pay which would, in the opinion of the Scottish Ministers, have been payable if the person were employed whole time by an employing authority on similar duties); or

(ii)

his reckonable pay under regulation 2.A.10 (meaning of “reckonable pay”: general) of the 2008 Regulations,

as the case may be, calculated as if he had retired–

(aa)

in the case of a person eligible for an allowance under regulation 4(3), on the date on which he ceased to be employed as a person to whom regulation 3(1) applies;

(bb)

in the case of a person eligible for an allowance under regulation 4(4) or (5), on the date on which the person’s emoluments were reduced; or

(cc)

in the case of any other person, on the date on which by reason of the injury or disease the person’s employment ceased,

provided that in respect of a person to whom regulation 3(1)(a) applies who, immediately before he ceased to be employed by reason of the injury or disease or as a person to whom regulation 3(1) applies, or immediately before the date on which his emoluments were reduced, as the case may be, was employed as a senior registrar, registrar, specialist registrar, senior house officer or house officer, average remuneration shall be increased to the amount which in the opinion of the Scottish Ministers represents the average remuneration of a general medical practitioner, or a dental practitioner, as the case may be, of comparable age;”;

““OOH provider” has the same meaning as in regulation A3 (approved out of hours providers) of the Superannuation Scheme Regulations or in regulation 3.A.15 (out of hours providers) of the 2008 Regulations as the case may be;”;

““practitioner” means–

(a)

a registered medical practitioner other than a GP registrar, who is a locum practitioner, a GP provider or a GP performer;

(b)

a registered dentist or a person treated as a practitioner under regulation R13 (participators in pilot schemes) of the Superannuation Scheme Regulations,

but excluding a person who is paid wholly by way of salary by a Health Board or a person treated as an officer under regulation R13;”;

““surviving partner” means a widow, widower, surviving civil partner or surviving nominated partner;”; and

““the Scheme” has the same meaning as it does in the Superannuation Scheme Regulations or the 2008 Regulations, as the case may be;”.

(3) In regulation 2(2), after “child’s allowance” insert “or child’s pension”.

(4) In regulation 4 (scale of benefits)–

(a) in paragraph (3), for “age 60” (in both cases where it occurs) substitute “normal benefit age”;

(b) in paragraph (6)(a), after “the superannuation scheme regulations” insert “or regulation 2.J.6, 3.J.6, 2.J.7 or 3.J.7 of the 2008 Regulations (reduction in benefits in cases where loss caused by member’s crime, negligence or fraud) (forfeiture of right to benefits)”; and

(c) after paragraph (9) insert–

“(10) In this regulation, “normal benefit age” means–

(a) in respect of a person who is or is eligible to be a member of the scheme set out in the Superannuation Scheme Regulations, 60; and

(b) in respect of a person who is or is eligible to be a member of the scheme set out in the 2008 Regulations, 65.”.

(5) In regulation 7 (widow's, widower’s or surviving civil partner’s allowance)–

(a) for the heading substitute “Surviving partner allowances”;

(b) in paragraph (1), for “widow, widower or surviving civil” (in both cases where it occurs) substitute “surviving”;

(c) in paragraph (2), for “widow, widower or surviving civil” substitute “surviving”; and

(d) for paragraph (3) substitute–

“(3) Except if paragraph (3A) applies, a surviving partner is not entitled to receive an allowance–

(a) if the marriage took place, the civil partnership was formed or the nomination was made after–

(i) the deceased last ceased to be employed as a person to whom these Regulations apply; or

(ii) the date on which the deceased’s earning ability was permanently reduced as a result of the injury or disease,

whichever is the later;

(b) if at the date of the deceased’s death such surviving partner and a man or, as the case may be, a woman–

(i) to whom the surviving partner is not married; or

(ii) with whom she or he is not in a civil partnership,

are living together as husband and wife or as civil partners; or

(c) in respect of any period after such surviving partner–

(i) remarries or forms a civil partnership; or

(ii) during which the surviving partner lives together with another person as if the surviving partner was married to or in a civil partnership with that other person,

but where such marriage or civil partnership has terminated, the Scottish Ministers may restore an allowance to a surviving partner if they are satisfied that such surviving partner is suffering hardship.”.

(6) In regulation 8 (child’s allowance)–

(a) in paragraph (2)(c), for “or civil partner” substitute “, civil partner or nominated partner”; and

(b) for paragraph (6), substitute–

“(6) In this regulation, the “allowable maximum” means the amount to which a pension under the 1995 Regulations or the 2008 Regulations (as the case may be) of £2404 a year beginning on 9th April 2007 would have been increased under Part I of the Pensions (Increase) Act 1971 at the date in question, plus the yearly amount of any expenses necessarily incurred for the purposes of the education or training.”.

(7) In regulation 9 (dependent relative’s allowance)–

(a) in paragraph (1)(a), for “or civil partner's” substitute “, civil partner’s or nominated partner's”; and

(b) in paragraph (2)–

(i) for “widow, widower or surviving civil” substitute “surviving”; and

(ii) omit “spouse or civil” (in both cases where it occurs).

(8) In regulation 11(1) (lump sum payment on death)–

(a) in sub-paragraph (a), for “widow, widower or surviving civil” substitute “surviving”; and

(b) in sub-paragraph (b), for “or civil partner” substitute “, civil partner or nominated partner”.

(9) In regulation 12(3) (incidental provisions), for “widow's, the widower’s or the surviving civil” substitute “surviving”.

Commencement Information

I1 Reg. 3 in force at 28.6.2008, see reg. 1

(1)

S.I. 1998/1594, amended by S.I. 1999/195 and 444 and S.S.I. 2001/437, 2004/212, 2005/512 and 544.

(2)

1993 c. 48.

(3)

S.S.I. 2008/224.