2011 No. 53

National Health Service

The National Health Service (Superannuation Scheme and Pension Scheme) (Scotland) Amendment Regulations 2011

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 10 of, and Schedule 3 to, the Superannuation Act 19721, and of all other powers enabling them to do so.

In accordance with section 10(1) of that Act, these Regulations are made with the consent of the Treasury2.

In accordance with section 10(4) of that Act, the Scottish Ministers have consulted with such representatives of persons likely to be affected by these Regulations as appear to them to be appropriate.

Citation, commencement and effect1

1

These Regulations may be cited as the National Health Service (Superannuation Scheme and Pension Scheme) (Scotland) Amendment Regulations 2011.

2

These Regulations come into force on 1st April 2011.

Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 19952

1

The National Health Service Superannuation Scheme (Scotland) Regulations 19953 are amended as follows.

2

In regulation Q17 (revaluation of increases bought under options: members’ pensions)—

a

in paragraph (3), for “paragraph (5)” substitute “whichever of paragraphs (5) and (5A) applies”;

b

in paragraph (5), for “The calculation” substitute “If the member exercised the option on or before 31st March 2011, the calculation”;

c

after paragraph (5), add—

5A

If the member exercised the option on or after 1st April 2011, the calculation referred to in paragraph (3) is as follows—

Step 1 –

Calculate the basic amount of the increase in accordance with regulations Q14 to Q16, to find the Step 1 amount.

Step 2 –

Multiply the Step 1 amount by the prices index for the second month before the month in which the increase in pension will become payable, to find the Step 2 amount.

Step 3 –

Divide the Step 2 amount by the prices index for the month in which the option was exercised, to find the Step 3 amount.

Step 4 –

Take the greater of the Step 1 amount and Step 3 amount, to find the Step 4 amount.

Step 5 –

Add to the Step 4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step 4 amount when it first falls into payment, to find the Step 5 amount.

Step 6 –

Divide the Step 5 amount by the Step 4 amount, to find the Step 6 factor.

Step 7 –

Divide the Step 4 amount by the Step 6 factor to find the final amount referred to in paragraph (1).

d

in paragraph (6), after the definition of “the beginning date” add—

  • “the prices index” means, as regards any month, the change in the general level of prices for that month used to determine increases to official pensions for the purposes of the Pensions (Increase) Act 1971

Amendment of the National Health Service Pension Scheme (Scotland) Regulations 20083

1

The National Health Service Pension Scheme (Scotland) Regulations 20084 are amended as follows.

2

In regulation 2.C.17 (revaluation of increases bought under options: members’ pensions)—

a

in paragraph (3), for “paragraph (5)” substitute “whichever of paragraphs (5) and (5A) applies”;

b

in paragraph (5), for “The calculation” substitute “If the member exercised the option on or before 31st March 2011, the calculation”;

c

after paragraph (5), add—

5A

If the member exercised the option on or after 1st April 2011, the calculation referred to in paragraph (3) is as follows—

Step 1 –

Calculate the basic amount of the increase in accordance with regulations 2.C.14 to 2.C.16, to find the Step 1 amount.

Step 2 –

Multiply the Step 1 amount by the prices index for the second month before the month in which the increase in pension will become payable, to find the Step 2 amount.

Step 3 –

Divide the Step 2 amount by the prices index for the month in which the option was exercised, to find the Step 3 amount.

Step 4 –

Take the greater of the Step 1 amount and Step 3 amount, to find the Step 4 amount.

Step 5 –

Add to the Step 4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step 4 amount when it first falls into payment, to find the Step 5 amount.

Step 6 –

Divide the Step 5 amount by the Step 4 amount, to find the Step 6 factor.

Step 7 –

Divide the Step 4 amount by the Step 6 factor to find the final amount referred to in paragraph (1).

d

at the end of paragraph (6), after the definition of “the beginning date” add—

  • “the prices index” means, as regards any month, the change in the general level of prices for that month used to determine increases to official pensions for the purposes of the Pensions (Increase) Act 1971

3

In regulation 3.C.15 (revaluation of increases bought under options: members’ pensions)—

a

in paragraph (3), for “paragraph (5)” substitute “whichever of paragraphs (5) and (5A) applies”;

b

in paragraph (5), for “The calculation” substitute “If the member exercised the option on or before 31st March 2011, the calculation”;

c

after paragraph (5), add—

5A

If the member exercised the option on or after 1st April 2011, the calculation referred to in paragraph (3) is as follows—

Step 1 –

Calculate the basic amount of the increase in accordance with regulations 3.C.12 to 3.C.14, to find the Step 1 amount.

Step 2 –

Multiply the Step 1 amount by the prices index for the second month before the month in which the increase in pension will become payable, to find the Step 2 amount.

Step 3 –

Divide the Step 2 amount by the prices index for the month in which the option was exercised, to find the Step 3 amount.

Step 4 –

Take the greater of the Step 1 amount and Step 3 amount, to find the Step 4 amount.

Step 5 –

Add to the Step 4 amount an amount that is equal to any increases that would be due under the Pensions (Increase) Act 1971 on a pension of the same amount as the Step 4 amount when it first falls into payment, to find the Step 5 amount.

Step 6 –

Divide the Step 5 amount by the Step 4 amount, to find the Step 6 factor.

Step 7 –

Divide the Step 4 amount by the Step 6 factor to find the final amount referred to in paragraph (1).

d

at the end of paragraph (6), after the definition of “the beginning date” add—

  • “the prices index” means, as regards any month, the change in the general level of prices for that month used to determine increases to official pensions for the purposes of the Pensions (Increase) Act 1971

JOHN SWINNEYA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

We consent

ANGELA WATKINSONJEREMY WRIGHTTwo of the Lord’s Commissioners of Her Majesty’s Treasury
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the National Health Service Superannuation Scheme (Scotland) Regulations 1995 (S.I. 1995/365) (“the 1995 Regulations”) and the National Health Service Pension Scheme (Scotland) Regulations 2008 (S.S.I. 2008/224) (“the 2008 Regulations”).

Regulation 2 amends regulation Q17 (revaluation of increases bought under options: members’ pensions) of the 1995 Regulations to draw a distinction between increases in a member’s pension where the option to purchase such an increase has been exercised on or before 31st March 2011 and where the option was exercised on or after 1st April 2011. In the case of the former, the calculation of the increase relies in part on the retail prices index. In the case of the latter, the calculation of that increase relies in part on the “prices index” which is defined in such a way as to link to the Pensions (Increases) Act 1971 and increases to official pensions under that Act.

Regulation 3 amends regulations 2.C.17 and 3.C.15 (which deal with the revaluation of increases bought under options: members’ pensions for officers and practitioners respectively) of the 2008 Regulations in the same way as regulation 2 amends regulation Q17 of the 1995 Regulations.