Normal retirement pensions
3.D.1.—(1) Subject to paragraph (2) and the following provisions of this Part, the general rule is that a member is entitled to a pension payable for life in respect of any period of pensionable service (“the relevant service”) if the member—
(a)has reached age 65; and
(b)either—
(i)has ceased to be employed in NHS employment and has claimed payment of the pension; or
(ii)will reach age 75 on the next day.
(2) A member to whom paragraph (1) applies is not entitled to a pension under this regulation unless—
(a)the member is entitled to count at least two years of qualifying service in respect of the relevant service;
(b)a transfer value payment has been accepted by this Section of the scheme during the relevant service under Chapter 3.F (transfers), otherwise than from an occupational pension scheme; or
(c)the member is entitled to a pension under this regulation in respect of any previous period of pensionable service.
(3) A pension to which a member is entitled under this regulation becomes payable immediately the member becomes entitled to it.
(4) The—
(a)amount of the annual pension payable to a practitioner member under this regulation (disregarding any additional pension) is 1.87% of the member’s uprated earnings; and
(b)member’s uprated earnings are to be calculated by uprating the member’s pensionable earnings by the amount of the annual increase due under the provisions of the Pensions (Increase) Act 1971(1) and section 59 (increase of official pensions) of the Social Security Pensions Act 1975(2), plus 1.5% annually.
(5) A claim referred to in paragraph (1)(b)(i) and made in accordance with regulation 3.J.2 (claims for benefits) takes effect from the date the claim is received by the Scottish Ministers.
(6) This regulation does not apply to pensions derived from pension credit rights.
(7) In this Chapter “NHS employment” includes 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(3).
(8) In the case of a 2008 Section Optant this regulation is subject to regulation 3.K.10.
1970 c.60. Section 59 was amended by section 11 of, and paragraph 20 of Schedule 3 to, the Social Security Act 1979 (c.18), paragraph 33 of Schedule 5, and Schedule 6, to the Social Security Act 1985 (c.53), section 9(8) of the Social Security Act 1986 (c.50), sections 1(7) and 5 of the Pensions (Miscellaneous Provisions) Act 1990 (c.7), paragraph 34 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 (c.6) and paragraph 9(1) of Schedule 8 to the Pensions Schemes Act 1993 (c.48).
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).