The National Health Service Superannuation Scheme (Scotland) Amendment (No. 2) Regulations 2003
Citation, commencement, effect, interpretation and extent1.
(1)
These Regulations may be cited as the National Health Service Superannuation Scheme (Scotland) Amendment (No. 2) Regulations 2003 and shall come into force on 30th June 2003 but–
(a)
regulations 3 and 6 shall have effect from 1st April 2003; and
(b)
regulations 8, 9, 10 and 11 shall have effect from 1st April 2002.
(2)
These Regulations extend to Scotland only.
Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 19952.
Contributions and other payments by employing authorities3.
In regulation D2–
(a)
(b)
in paragraph (3)(d) after “sub paragraphs (a) to (c) above” insert “which has not been contributed pursuant to paragraph (1)”.
Preserved pension4.
In regulation E6–
(a)
at the beginning of paragraph (4), for “If” substitute “Except in a case to which paragraph (4A) applies, if”; and
(b)
“(4A)
Paragraph (4) may not apply where the NHS employment which the member is in when he reaches age 60 is employment into which he has been transferred as a result of a transfer of an undertaking to the employer.
(4B)
Where a member receives a pension under paragraph (1) while being in the new employment to which paragraph (4A) applies–
(a)
his benefits in respect of any pensionable service in that new employment shall be calculated without regard to any pensionable service in any earlier employment; and
(b)
for the purposes of regulation C2 (meaning of “pensionable service”) and regulation D1(3) and (4) (contributions by members), his service in the earlier employment and in the new employment shall be aggregated.”.
Reduction of pension on return to NHS employment5.
In regulation S2–
(a)
(b)
“(1A)
This paragraph applies where the member has been transferred into NHS employment as a result of a transfer of an undertaking to the employer.”.
Accounts and actuarial reports6.
In regulation U3(5) after “pensionable pay” insert “and of all contributions to the scheme made under regulation D2(1)”.
Amendments to Schedule 17.
Schedule 1 (medical and dental practitioners) is amended in accordance with regulations 8 to 11.
Additional definitions used in Schedule 18.
““locum practitioner” means a registered medical practitioner, other than a GP registrar, who is engaged under a contract for services with a practitioner otherwise than in pursuance of a commercial arrangement with an agent, to deputise or assist in the provision of general medical services or personal medical services”.
Application of Regulations with modifications9.
(1)
(a)
““the listing Authority” in relation to a locum practitioner means the Health Board or Trust who prepare and publish–
(a)
the medical list in accordance with regulations made under sections 19(2)(a) or 25(2)(a) of the 1978 Act8; or(b)
the services list under section 17EA or the supplementary list under section 24B of the 1978 Act9,on which he is included.”;
(b)
in the definition of “the appropriate contracting party”, omit “within paragraph (b)(ii) of the definition of that expression”.
(2)
Meaning of pensionable earnings10.
(1)
In paragraph 3(2)(a), after “general ophthalmic services” insert “, locum services”.
(2)
“(4)
In sub-paragraph (2)(a), “locum services” shall have the same meaning as for the purposes of paragraph 6”.
Meaning of pensionable earnings in relation to other practitioners11.
Victoria Quay, Edinburgh
We consent
These Regulations further amend the National Health Service Superannuation Scheme (Scotland) Regulations 1995 (“the 1995 Regulations”) which provide for the superannuation of persons engaged in the National Health Service in Scotland. Certain provisions have retrospective effect as authorised by section 12 of the Superannuation Act 1972: regulations 3 and 6 shall have effect from 1st April 2003 and Regulations 8, 9, 10 and 11 shall have effect from 1st April 2002. All other amendments shall have effect from the date of coming into force of these Regulations.
Regulation 3 amends regulation D2 (contributions and other payments by employing authorities) to provide that employing authorities shall make contributions to the Scheme as specified by the Scottish Ministers to account for the cost of increases to NHS pensions which are payable by virtue of Part I of the Pensions (Increase) Act 1971.
Regulations 4 and 5 amend regulations E6 (preserved pension) and S2 (reduction of pension on return to NHS employment) respectively to provide that preserved benefits may be payable at age 60 while continuing in employment, and that a pension already in payment or which comes into payment at age 60 is not abated where a member returns to employment with an employing authority by virtue of a transfer of an undertaking to that authority.
Regulation 6 amends regulation U3(5) (accounts and actuarial reports) and provides that employing authorities shall maintain records of all the contributions they make to the Scheme.
Regulations 7 to 11 amend Schedule 1 to the 1995 Regulations (medical and dental practitioners) to enable additional categories of practitioners to count their earnings as locum practitioners towards their rights under the Scheme.
Regulation 8 amends the definition of “locum practitioner” contained in paragraph 1 of Schedule 1, to include principal practitioners, assistant practitioners and associate general practitioners and allow the additional categories of practitioner to count their earnings as locum practitioners towards their rights under the Scheme.
Regulation 9(1)(a) amends the definition of “the listing authority” in relation to locum practitioners, contained in paragraph 2(1A) of Schedule 1, to include principal practitioners, assistant practitioners and associate general practitioners held on Health Board or Trust lists. Regulation 9(1)(b) makes a consequential amendment. Regulation 9(2) amends paragraph 2(2) of Schedule 1 to allow practitioners to include as pensionable earnings any payments made in respect of locum services which have been undertaken concurrently with practitioner service.
Regulation 10(1) amends paragraph 3(2)(a) of Schedule 1 to provide that payments made to principal practitioners for the provision of locum services can be regarded as pensionable earnings. Regulation 10(2) inserts a new paragraph (4) to provide that for the purposes of paragraph 3(2)(a) “locum services” has the same meaning as in paragraph 6 of Schedule 1 (meaning of “pensionable earnings” in relation to other practitioners).
Regulation 11 makes a consequential amendment to paragraph 6(1)(a) and (3) of Schedule 1.
These Regulations do not impose any costs on business.