The National Health Service (Superannuation Scheme and Pension Scheme) (Scotland) Amendment Regulations 2012

Scottish Statutory Instruments

2012 No. 69

National Health Service

The National Health Service (Superannuation Scheme and Pension Scheme) (Scotland) Amendment Regulations 2012

Made

28th February 2012

Laid before the Scottish Parliament

1st March 2012

Coming into force

1st April 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 10 of, and Schedule 3 to, the Superannuation Act 1972(1), 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 Treasury(2).

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.

PART 1 S General

Citation, commencement and effect S

1.—(1) These Regulations may be cited as the National Health Service (Superannuation Scheme and Pension Scheme) (Scotland) Amendment Regulations 2012.

(2) These Regulations come into force on 1st April 2012.

Commencement Information

I1 Reg. 1 in force at 1.4.2012, see reg. 1(2)

PART 2 S Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 2011

2.  The National Health Service Superannuation Scheme (Scotland) Regulations 2011(3) are amended in accordance with this Part. S

Commencement Information

I2 Reg. 2 in force at 1.4.2012, see reg. 1(2)

3.  In regulation D1 (contribution by members)— S

(a) for paragraph (2) substitute—

“(2) A member whose pensionable pay falls into a pay band specified in column 1 of the table below must contribute the percentage of the member’s pensionable pay specified in column 2 of that table in respect of that amount.

Scheme Year 2012-2013

Column 1 Pensionable Pay band	Column 2 Contribution percentage rate
Up to £15,000	5%
£15,001 to £21,175	5%
£21,176 to £26,557	6.5%
£26,558 to £48,982	8%
£48,983 to £69,931	8.9%
£69,932 to £110,273	9.9%
£110,274 to any higher amount	10.9%”

(b) in paragraph (3) for the “relevant table “ substitute “table in paragraph (2)”;

(c) in paragraph (5) omit sub-paragraph (c); and

(d) in paragraphs (8) to (21) and (25), for “relevant table” substitute “table in paragraph (2)”.

Commencement Information

I3 Reg. 3 in force at 1.4.2012, see reg. 1(2)

4.  In paragraph 14 of Schedule 1 (contributions to this section of the scheme) for sub‑paragraph (2) substitute— S

“(2) For the purposes of this paragraph, the “relevant table” means—

(a) in respect of the 2010-2011 and the 2011-2012 scheme years, table 1;

(b) in respect of the 2012-2013 scheme year, table 2.

Table 1

Scheme Years 2010-2011 and 2011-2012

Column 1 Pensionable earnings band	Column 2 Contribution percentage rate
Up to £21,175	5%
£21,176 to £69,931	6.5%
£69,932 to £110,273	7.5%
£110,274 to any higher amount	8.5%

Table 2

Scheme Year 2012-2013

Column 1 Pensionable earnings band	Column 2 Contribution percentage rate
Up to £15,000	5%
£15,001 to £21,175	5%
£21,176 to £26,557	6.5%
£26,558 to £48,982	8%
£48,983 to £69,931	8.9%
£69,932 to £110,273	9.9%
£110,274 to any higher amount	10.9%”

Commencement Information

I4 Reg. 4 in force at 1.4.2012, see reg. 1(2)

PART 3 S Amendment of the National Health Service Pension Scheme(Scotland) Regulations 2008

F1 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 Regs. 5-9 revoked (1.7.2013) by The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 (S.S.I. 2013/174), reg. 1.A.1(2), sch. (with reg. 5.B.1(2))

F1 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 Regs. 5-9 revoked (1.7.2013) by The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 (S.S.I. 2013/174), reg. 1.A.1(2), sch. (with reg. 5.B.1(2))

F1 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 Regs. 5-9 revoked (1.7.2013) by The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 (S.S.I. 2013/174), reg. 1.A.1(2), sch. (with reg. 5.B.1(2))

F1 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 Regs. 5-9 revoked (1.7.2013) by The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 (S.S.I. 2013/174), reg. 1.A.1(2), sch. (with reg. 5.B.1(2))

F1 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 Regs. 5-9 revoked (1.7.2013) by The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 (S.S.I. 2013/174), reg. 1.A.1(2), sch. (with reg. 5.B.1(2))

JOHN SWINNEY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

23rd February 2012

We consent

MICHAEL FABRICANT

ANGELA WATKINSON

Two of the Lords Commissioners of Her Majesty’s Treasury

28th February 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the National Health Service Superannuation Scheme (Scotland)Regulations 2011 (“the 1995 Section”) and the National Health Service Pension Scheme (Scotland) Regulations 2008 (“the 2008 Section”).

These Regulations amend various provisions of the 1995 and 2008 Section Regulations to provide for changes to pensionable pay bands or earnings bands and employee contribution percentage rates for the 2012 Scheme Year which is the period of one year beginning on 1st April 2012 and ending on 31st March 2013.

(1)

1972 c.11. Section 10 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7) sections 4(2), 8(5) and (6), the Pension Schemes Act 1993 (c.48), Schedule 8, paragraph 7 and the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), article 108. The functions of the Secretary of State, in or as regards Scotland, were transferred to Scottish Ministers by virtue of article 2 of and Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

(2)

See the Superannuation Act 1972, section 10(1). This function was transferred to the Treasury by virtue of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670), article 2 and is still exercisable by virtue of S.I. 1999/1750, article 2 and Schedule 1.

(3)

)S.S.I. 2011/117 as amended by S.S.I. 2011/173 and 364.