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

Eligibility: general

2.B.1.—(1) A person is eligible to be an active member of this Section of the scheme if conditions A to C are met and the person is not prevented by regulation 2.B.3 (restrictions on eligibility: general), 2.B.4 (concurrent employments) or 2.B.7 (restriction on further participation).

(2) Condition A is that the person is in NHS employment.

(3) Condition B is that the person—

(a) enters NHS employment on or after 1st April 2008; or

(b) entered NHS employment before that date and on that date was not an active member of the 1995 Section in that employment or any other NHS employment,

and meets any one of the other Section conditions in paragraph (5).

(4) Condition C is that the person has not reached age 75.

(5) The other Section conditions are that—

(a) the person has not previously been an active member of the 1995 Section;

(b) the person ceased to be an active member of the 1995 Section at least 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of that Section;

(c) the person ceased to be an active member of the 1995 Section less than 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of that Section and has received a repayment of contributions in respect of that membership;

(d) the person ceased to be an active member of the 1995 Section on or after 1st April 2008 on leaving NHS employment and before the person re-entered such employment—

(i) a transfer payment was made in respect of the person under Part M (transfer-out arrangements and buy-outs) of the 2011 Regulations; or

(ii) the person made an application under regulation M2 (exercising a right to a transfer or a buy-out) of the 2011 Regulations from which the person may not withdraw;

(e) the person—

(i) ceased to be an active member of the 1995 Section on leaving NHS employment;

(ii) became a deferred member of that Section on leaving that employment and has not since become a pensioner member of that Section between the date of leaving that employment and joining this Section of the scheme; and

(iii) re-entered NHS employment on or after 1st October 2008 and 5 or more years since last leaving NHS employment;

(f) the person—

(i) ceased to be an active member of the 1995 Section before 1st April 2008 on leaving NHS employment;

(ii) became a deferred member of that Section on leaving that employment;

(iii) re-entered NHS employment on or after 1st October 2008 and 5 or more years since last leaving NHS employment; and

(iv) before the person re-entered such employment—

(aa) a transfer payment was made in respect of the person under Part M (transfer-out arrangements and buy-outs) of the 2011 Regulations; or

(bb) the person made an application under regulation M2 (exercising a right to a transfer or a buy-out) of those Regulations from which the person may not withdraw;

(g) the person is a deferred member of the 1995 Section who has given notice for the purposes of regulation B4(1) or (2) (opting out) of the 2011 Regulations and—

(i) as a result of that notice has been treated as ceasing to be an active member of that Section; and

(ii) pursuant to that notice remains opted out of that Section for 5 years or more;

(h) the person is a deferred member of the 1995 Section who has given notice for the purposes of regulation B4(1) or (2) (opting out) of the 2011 Regulations and following that notice, has ceased to be an active member of that Section for any one period of 5 or more years comprising the aggregate of—

(i) any period during which the person is not in NHS employment; and

(ii) any period during which the person is treated as never having been an active member of that Section in accordance with regulation B4(3) of the 2011 Regulations in respect of one or more later periods of NHS employment entered into after having given the notice for the purposes of paragraph (1) or (2) of that regulation;

(i) the person—

(i) has given notice for the purposes of regulation B4 (opting out) of the 2011 Regulations and as a result of that notice all of that person’s NHS employments ceased to be pensionable employment for the purposes of those Regulations;

(ii) is not entitled to a pension (including a deferred pension) under those Regulations; and

(iii) has been treated as ceasing to be in pensionable employment under the 2011 Regulations for a period of 12 months or more; or

(j) the person—

(i) has given notice for the purposes of regulation B4 (opting out) of the 2011 Regulations and as a result of that notice all of that person’s NHS employments ceased to be pensionable employment for the purposes of those Regulations;

(ii) is not entitled to a pension (including a deferred pension) under those Regulations; and

(iii) has, in respect of the NHS employments referred to in head (i), either received a repayment of contributions or exercised the right to a transfer payment under Part M of those Regulations,

but sub-paragraphs (d) to (f) do not apply if the Scottish Ministers have permitted such a person to rejoin the 1995 Section in the circumstances described in regulation B2(3) (age limits and restrictions on membership) of the 2011 Regulations.

(6) This regulation applies to any person who has previously been an active member of a corresponding health service scheme as though in paragraph (3) any reference to—

(a) “the 1995 Section” includes a reference to that corresponding health service scheme; and

(b) “NHS employment” includes a reference to—

(i) employment with an employer in respect of whom a direction has been made under section 7 (extension of superannuation provisions of National Health Service Acts) of the Superannuation (Miscellaneous Provisions) Act 1967(1);

(ii) employment to which regulations made under section 10 of the Superannuation Act 1972(2) and having effect in England and Wales apply;

(iii) employment to which regulations made under article 12 of the Superannuation (Northern Ireland) Order 1972(3) apply;

(iv) employment to which a scheme made under section 2 of the Superannuation Act 1984(4) (an Act of Tynwald) applies; and

(v) employment with an employer with whom an agreement has been made under section 235 (superannuation of officers of certain hospitals) of the 2006 Act.

(1)

1967 c.28. Section 7 was amended by S.I. 1968/1699, section 10(5) of, and paragraph 66 of Schedule 6 and Schedule 8 to, the Superannuation Act 1972 (c.11), Schedule 5 to the National Health Service Reorganisation Act 1973 (c.32), paragraph 24 of Schedule 16 to the National Health Service (Scotland) Act 1978 (c.29) and paragraph 29 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c.43).

(2)

1972 c.11. Section 10 was amended by Schedule 5 to the National Health Service Reorganisation Act 1973 (c.32), Schedule 7 to the National Health Service (Scotland) Act 1972 (c.58), sections 4(2) and 8(5) and (6) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7), paragraph 7 of Schedule 8 to the Pension Schemes Act 1993 (c.48) and by S.I. 2001/3649.

(3)

S.I. 1972/1073 (N.I. 10).

(4)

1984 c.8 (Tynwald).