The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

Meaning of “pensionable service”

3.A.3.—(1) Subject to paragraph (2), in this Part references to a member’s pensionable service are references to the aggregate of the following periods—

(a) any period of service in respect of which the member contributes to this Section of the scheme under regulation 3.C.1 (contributions by members);

(b) any period of absence from service which counts as pensionable service under regulation 3.A.4 (pensionable service: breaks in service);

(c) any period of service credited to the member as pensionable service under Chapter 3.F (transfers);

(d) any period of pensionable service which the member is entitled to count under Chapter 3.K (2008 Section Optants); and

(e) any period of service which the member was entitled to count as pensionable service under regulation 3.A.3 (meaning of “pensionable service”) of the 2008 Regulations immediately before these Regulations came into force.

(2) A member’s pensionable service does not include—

(a) any period of service in respect of which the Scottish Ministers have paid contributions to another occupational pension scheme in respect of the member;

(b) in the case of a pensioner member or deferred member, any period taken into account—

(i) in determining the member’s entitlement to the pension in payment or, as the case may be, the deferred pension; or

(ii) in calculating the amount of that pension,

but, in the case of a pensioner member or deferred member entitled to a pension under regulation 3.D.5 (partial retirement: members aged at least 55), this is subject to paragraph (7);

(c) any period of service in respect of which the Scottish Ministers’ liability to provide benefits is discharged—

(i) by the payment of a contributions equivalent premium under section 55(2) (payment of state scheme premiums on termination of certified status) of the 1993 Act(1);

(ii) under regulation 3.C.16 (repayment of contributions); or

(iii) by the payment of a transfer value payment on transfer-out under Chapter 3.F (transfers); or

(d) subject to paragraph (3), any period of service which would result in the aggregate mentioned in paragraph (1) exceeding 45 years.

(3) A member’s pensionable service must not exceed 45 years unless—

(a) the member gives notice in writing to the Scottish Ministers and the member’s employing authority of an intention to remain in pensionable service beyond 45 years; and

(b) that notice is received by the Scottish Ministers and the member’s employing authority—

(i) not earlier than three months before the member reaches 45 years pensionable service; and

(ii) by the end of the pay period during which the member reaches the 45 year limit.

(4) If the notice required by paragraph (3) has been properly received and the member has pensionable service in excess of 45 years—

(a) benefits under this Part must be calculated by reference to a maximum of 45 years of pensionable service; and

(b) the Scottish Ministers must select the years by reference to which the benefits are to be calculated, selecting the years which produce the most favourable result for the member.

(5) For the purposes of paragraph (4)(b), in order to calculate the length of a member’s pensionable service, all periods of pensionable service are to be added together and each resulting period of 365 days (disregarding pensionable service on 29th February in a leap year) is to be treated as one year.

(6) If, when the employment in which a person is an active member ceases, a payment is made in respect of untaken leave, for the purposes of this Part—

(a) the member’s pensionable service is to be treated as continuing for a period equal to the period of leave in respect of which payment is made; and

(b) the payment is to be treated as the member’s pensionable earnings for that period.

(7) In the case of a pensioner member or deferred member entitled to a pension under regulation 3.D.5 (partial retirement: members aged at least 55), paragraph (2)(b) only applies to so much of the member’s pensionable service as is mentioned in regulation 3.D.5(8)(a).

(8) References in this Part to any period expressed in days are references to the period in question ignoring 29th February, expressed in days.

(9) Where a member is also a member of the 1995 Section, any reference in this Part to “45 years” must be taken to be a reference to a shorter period determined by the formula—

where—

SP is the shorter period, measured in years and days; and

LPS is the length of pensionable service (within the meaning of the 2011 Regulations), measured in years and days, giving rise to membership of the 1995 Section and, in the case of a member of that Section who has become entitled to a pension (including a preserved pension) under that Section, including any period that was taken into account for the purpose of determining whether the member was entitled to that pension, or for the purpose of calculating the amount of that pension.

(1)

Section 55 was amended by section 141(1) of, and Part 3 of Schedule 7 to, the Pensions Act 1995 (c.26), paragraph 7(1)(a) of Schedule 2 to the Welfare Reform and Pensions Act 19999 (c.30), S.I. 2005/2050 and Part 6 of Schedule 7 to the Pensions Act 2007 (c.22).