The National Health Service (Superannuation Scheme, Pension Scheme and Injury Benefits) (Scotland) Amendment Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service Superannuation Scheme (Scotland) Regulations 1995 (“the 1995 Regulations”) which establish the NHS superannuation scheme for Scotland 1995 (“the 1995 scheme”), the National Health Service Pension Scheme (Scotland) Regulations 2008 (“the 2008 Regulations”) which establish the NHS pension scheme for Scotland 2008 (“the 2008 scheme”) and the National Health Service (Injury Benefits) (Scotland) Regulations 1998 (“the 1998 Regulations”).

Regulations 3 to 22 amend the 1995 scheme. Regulation 4 amends regulation B2 so that from 1st October 2008 deferred members of the 1995 scheme who return to NHS employment after a break of five years or more will not be permitted to rejoin the 1995 scheme.

Regulation 5 amends regulation D1 (2) so that any change to member contributions rates and pay bandings by Scottish Ministers is subject to the consent of H.M. Treasury.

Regulations 6, 7 and 8 amend Part E in relation to the reassessment of health for establishing an entitlement to an ill health pension; in relation to preserved pensions; and allowing claims for a refund of contributions to be made electronically to the Scottish Ministers.

Regulation 9 amends regulation F2 in relation to the payment of a lump sum on the death of a 1995 scheme member who dies after a pension becomes payable.

Regulations 10 and 11 amend Part M in relation to the calculation of a member’s cash equivalent of a pension; and establishing a right to transfer a preserved pension to the 2008 scheme.

Regulation 12 amends regulation P3 to extend the length of authorised leave which may be pensionable.

Regulations 13, 14 and 15 amend Part S in relation to information to be provided by a member to the Scottish Ministers with regard to abatement of a pension on a return to NHS employment; and in relation to benefits on death in pensionable employment after a pension becomes payable.

Regulations 16 to 18 amend Part T to allow a claim to be accepted by the Scottish Ministers in an approved electronic format; and to make other minor amendments.

Regulation 19 amends regulation U2 so that for certain benefits that may require confirmation of the member’s or his surviving nominated partner’s or dependent’s state of health the Scottish Ministers may request such persons to attend for a medical examination by a doctor chosen by the Scottish Ministers.

Regulations 20 and 21 amend regulation W in relation to pension credit members to mirror arrangements in regulation 9 in respect of payments on death and to allow interest on late payments.

Regulation 22 makes various minor changes to Schedule 1 (medical and dental practitioners).

Regulations 23 to 85 amend the 2008 Scheme. Regulation 24 makes minor amendments to regulation 2.A.1.

Regulation 25 amends regulation 2.A.2 in relation to the treatment of service under the 1995 scheme and 2008 scheme in determining the maximum of 45 years pensionable service. Regulations 26 and 55 amend regulations 2.A.4 and 3.A.4 respectively and mirror arrangements in regulation 12. Regulation 27 amends regulation 2.A.5 (1) (b) in relation to the treatment of service under the 1995 scheme in the meaning of “qualifying service” in the 2008 Regulations. Regulation 28 amends regulation 2.A.9 to clarify the differences between officer members of the scheme who are non GP providers and other officer members.

Regulations 29 and 30 amend Chapter 2.B so that from 1st October 2008 deferred members of the 1995 scheme who return to NHS employment after a break of five years or more and who are therefore prevented from rejoining the 1995 scheme will be joined in the 2008 scheme; and further amendments in relation to such members.

Regulations 31 and 62 amend regulations 2.C.2 and 3.C.2 respectively so that H.M. Treasury consent is required before contribution rates or pay bandings for members are changed by Scottish Ministers. Regulations 32 and 63 amend regulations 2.C.5 and 3.C.3 respectively so that H.M. Treasury consent must be obtained and scheme actuary advice sought before the Scottish Ministers can specify the employer contribution rate.

Regulation 33 corrects a reference in regulation 2.D.7. Regulations 34 and 65 amend regulations 2.D.9 and 3.D.8 respectively to mirror the provisions in regulation 6 for the 1995 scheme. Regulation 35 amends an error in regulation 2.D.1.

Regulations 36 and 68 insert new regulations 2.E.20A and 3.E.20A respectively, so that a lump sum on death can be paid if a scheme pensioner over age 75 dies within five years of retirement. Regulations 37 and 69 amend regulations 2.E.21 and 3.E.21 respectively in relation to payment of a lump sum on death. Regulations 38 and 70 amend regulations 2.E.25 and 3.E.25 respectively in relation to a member who is a member of the scheme in more than one capacity.

Regulations 39 and 71 amend regulations 2.F.6 and 3.F.6 respectively in relation to the calculation of transfer value payments. Regulations 40 and 72 amend regulations 2.F.8 and 3.F.8 respectively in regard to the right to apply for acceptance of a transfer value from another scheme. Regulations 41 and 73 amend regulations 2.F.9 and 3.F.9 respectively in relation to schemes corresponding to the 1995 scheme and transfers from such schemes to the 2008 scheme. Regulations 42 and 74 amend regulations 2.F.10 and 3.F.10 respectively on how 1995 scheme service and 2008 scheme service count towards the 45 years maximum service limit. Regulations 43 and 75 amend regulations 2.F.11(6) and 3.F.11(6) respectively further making amendments on transferring benefits. Regulations 44 and 76 insert new regulations 2.F.17 and 3.F.17 respectively on transfers from the 1995 scheme.

Regulations 45 and 77 amend regulations 2.H.2 and 3.H.2 respectively in relation to information to be provided by a member to the Scottish Ministers with regard to abatement of a pension on a return to NHS employment. Regulation 46 corrects a reference in regulation 2.H.5(1). Regulation 47 amends regulation 2.H.7 in regard to part-time employment.

Regulations 48 and 78 amend regulations 2.J.2 and 3.J.2 respectively in relation to making claims for benefits electronically. Regulations 49 and 79 amend regulations 2.J.7 and 3.J.7 respectively to reflect the new pension alternative to lump sums. Regulations 50 and 80 amend regulations 2.J.9 and 3.J.9 respectively on payment of interest on delayed payments. Regulations 51 and 81 amend regulations 2.J.10 and 3.J.10 respectively on determinations by Scottish Ministers; and on requiring a person to attend for a medical examination. Regulation 52 amends the heading in regulation to 2.J.13.

Regulation 53 amends regulation 3.A.1 to amend certain definitions. Regulation 54 amends regulation 3.A.3 in relation to how 1995 scheme service is treated in the 2008 scheme. Regulation 56 amends regulation 3.A.5(1)(b) on the definition of qualifying service. Regulation 57 amends regulation 3.A.7 to include that income is pensionable received from any other employing authority providing an out of hours services. Regulation 58 amends regulation 3.A.8 in relation to authorised periods of unpaid leave.

Regulation 59 amends regulation 3.B.1 so that from 1st October 2008 deferred members of the 1995 scheme who return to NHS employment after a break of five years or more join the 2008 scheme with certain exceptions. Regulation 60 amends regulation 3.B.2 by ensuring that the returners described in amendment regulation 59 are not permitted to join the 2008 scheme except in certain circumstances.

Regulation 82 amends regulation 3.J.13 to update the definition of contracting health board so that it may cater for circumstances where a practitioner has an agreement or contract with more than one health board.

Regulations 83 to 85 amend Part 4 dealing with mixed service under Parts 2 and 3 to simplify the definition of principal practitioner and make other minor amendments.

Regulation 86 amends the 1998 Regulations in relation to the scale of injury benefits.

Regulation 87 provides that deferred members or those in receipt of a relevant benefit between the effective date of these regulations and their coming into force, who are detrimentally affected by these Regulations may elect for the provision not to apply to them.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.