2020 No. 30
National Health Service

The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2020

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 10 and 12 and schedule 3 of the Superannuation Act 19721, section 1(1) and (2)(e), paragraph 5(b) of schedule 2, and schedule 3, of the Public Service Pensions Act 20132 and all other powers enabling them to do so.

In accordance with section 10(4) of the Superannuation Act 1972, the Scottish Ministers have consulted with such representatives of persons likely to be affected by these Regulations as appear to them to be appropriate.

In accordance with section 22(2)(a) of the Public Service Pensions Act 2013, the Scottish Ministers consulted the representatives of such persons as appeared to them likely to be affected by these Regulations with a view to reaching agreement with them. In accordance with section 22(2)(b) of that Act, the Scottish Ministers laid before the Scottish Parliament a report concerning the changes to members’ contribution rates under the NHS Pension Scheme (Scotland) 20153 made by these Regulations.
In accordance with section 10(1) of the Superannuation Act 1972 and section 3(5) of the Public Service Pensions Act 2013, these Regulations are made with the consent of the Treasury4.

PART 1Introductory

Citation, commencement and effect1.

(1)

These Regulations may be cited as the National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2020.

(2)

These Regulations come into force on 1 April 2020.

(3)

Regulation 4 has effect from 1 April 2018.

(4)

For the avoidance of doubt, the amendments made by regulation 14 have effect from 6 April 2016.

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

General2.

The National Health Service Superannuation Scheme (Scotland) Regulations 20115 are amended in accordance with regulations 3 to 5.

Amendment of regulation D13.

In regulation D1 (contributions by members)—

(a)

in paragraph (2)—

(i)

at the end of sub-paragraph (e)6, insert—

“;

(f)

for the scheme year 2020-21 is the percentage specified in column 2 of table 6 in respect of the corresponding pensionable pay band specified in column 1 of that table into which the member’s pensionable pay falls”, and

(ii)

after Table 57, insert—
“Table 6

Column 1

Pensionable pay band

Column 2

Contribution percentage rate

Up to £18,936

5.2%

£18,937 - £23,228

5.8%

£23,229 - £28,891

7.3%

£28,892 - £56,266

9.5%

£56,267 - £79,801

12.7%

£79,802 - £117,960

13.7%

£117,961 to any higher amount

14.7%”

(b)

in paragraph (2A)8—

(i)

for “2019-20”, substitute “2020-21”, and

(ii)

for “table 5”, substitute “table 6”, and

(c)

in each of paragraphs (20), (21)(a) and (25)(b)9, for “table 5” substitute “table 6”.

Amendment of regulation D34.

In regulation D3 (further contributions by employing authorities in respect of excessive pay increases), after paragraph (19A)10 insert—

“(19B)

An increase in a member’s pensionable pay pursuant to the “Framework agreement on the reform of Agenda for Change” adopted on 17 August 201811 is to be ignored for the purposes of this regulation.”.

Amendment of paragraph 14 of schedule 15.

In paragraph 14 (contributions to this section of the scheme) of schedule 1 (medical and dental practitioners), in sub-paragraph (2)—

(a)

at the end of head (f)12, insert—

“;

(g)

in respect of the 2020-2021 scheme year, table 7”, and

(b)

after table 613, insert—
“Table 7: Scheme Year 2020-21

Column 1

Pensionable earnings band

Column 2

Contribution percentage rate

Up to £18,936

5.2%

£18,937 - £23,228

5.8%

£23,229 - £28,891

7.3%

£28,892 - £56,266

9.5%

£56,267 - £79,801

12.7%

£79,802 - £117,960

13.7%

£117,961 to any higher amount

14.7%”

PART 3Amendment of the National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

General6.

The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 201314 are amended in accordance with regulations 7 to 9.

Amendment of regulation 2.C.27.

In regulation 2.C.2 (contribution rate for members other than non-GP providers), in paragraph (2)—

(a)

at the end of sub-paragraph (e)15, insert—

“;

(f)

for the scheme year 2020-21 is the percentage specified in column 2 of table 6 in respect of the corresponding pensionable pay band specified in column 1 of that table into which the member’s pensionable pay falls”, and

(b)

after table 516, insert—
“Table 6

Column 1

Pensionable pay band

Column 2

Contribution percentage rate

Up to £18,936

5.2%

£18,937 - £23,228

5.8%

£23,229 - £28,891

7.3%

£28,892 - £56,266

9.5%

£56,267 - £79,801

12.7%

£79,802 - £117,960

13.7%

£117,961 to any higher amount

14.7%”

Amendment of regulation 2.C.38.

In regulation 2.C.3 (determination of pensionable pay for the purposes of setting a contribution rate for members other than non-GP providers), in each of paragraphs (16), (17)(a) and (21)(b)17, for “table 5” substitute “table 6”.

Amendment of regulation 3.C.29.

In regulation 3.C.2 (members’ contribution rate), in paragraph (13)18—

(a)

at the end of sub-paragraph (f), insert—

“;

(g)

in respect of the 2020-21 scheme year, table 7”, and

(b)

after Table 6, insert—
“Table 7: Scheme Year 2020-21

Column 1

Pensionable earnings band

Column 2

Contribution percentage rate

Up to £18,936

5.2%

£18,937 - £23,228

5.8%

£23,229 - £28,891

7.3%

£28,892 - £56,266

9.5%

£56,267 - £79,801

12.7%

£79,802 - £117,960

13.7%

£117,961 to any higher amount

14.7%”

PART 4Amendment of the National Health Service Pension Scheme (Scotland) Regulations 2015

General10.

The National Health Service Pension Scheme (Scotland) Regulations 201519 are amended in accordance with regulations 11 and 12.

Amendment of regulation 3011.

In regulation 30 (members’ contributions: employees), in paragraph (3)—

(a)

at the end of sub-paragraph (e)20, insert—

“;

(f)

for the scheme year 2020/21 is the percentage specified in column 2 of Table 6 below in respect of the corresponding pensionable earnings band specified in column 1 into which M’s pensionable earnings fall”, and

(b)

after Table 521, insert—
“Table 6

Column 1

Pensionable earnings band

Column 2

Contribution percentage rate

Up to £18,936

5.2%

£18,937 - £23,228

5.8%

£23,229 - £28,891

7.3%

£28,892 - £56,266

9.5%

£56,267 - £79,801

12.7%

£79,802 - £117,960

13.7%

£117,961 to any higher amount

14.7%”

Amendment of regulation 3112.

In regulation 31 (members’ contributions: practitioners and non-GP providers)—

(a)

in paragraph (3), at the end of sub-paragraph (e)22, insert—

“;

(f)

for the scheme year 2020/21 is the percentage specified in column 2 of Table 6 in paragraph (9) in respect of the corresponding pensionable earnings band specified in column 1 into which M’s pensionable earnings fall;”, and

(b)

in paragraph (9), after Table 523 insert—
“Table 6

Column 1

Pensionable earnings band

Column 2

Contribution percentage rate

Up to £18,936

5.2%

£18,937 - £23,228

5.8%

£23,229 - £28,891

7.3%

£28,892 - £56,266

9.5%

£56,267 - £79,801

12.7%

£79,802 - £117,960

13.7%

£117,961 to any higher amount

14.7%”

PART 5Amendment of the National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2017

General13.

The National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 201724 are amended in accordance with regulation 14.

Amendment of regulation 114.

In regulation 1 (citation, commencement and effect), in paragraph (2), in sub-paragraph (f), after “25,” insert “31,” and after “38” insert “, 40”.

KATE FORBES
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

We consent

IAIN STEWART
REBECCA HARRIS
Two of the Lords Commissioners of
Her Majesty’s Treasury
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the National Health Service Superannuation Scheme (Scotland) Regulations 2011 (“the 2011 Regulations”) and the National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 to insert updated employee contribution bands for the scheme year 2020-21. These Regulations also exempt certain pay increases from final pay control charges. This is in respect of the 2011 Regulations and is achieved by regulation 4.

These Regulations also amend the National Health Service Pension Scheme (Scotland) Regulations 2015 (“the 2015 Regulations”) and the National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2017.

The amendments made to the 2015 Regulations include inserting new tables reflecting revised pensionable earnings bands for 2020/21. The amendments to the National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2017 correct some minor drafting errors in those regulations.