The National Health Service Superannuation Scheme (Scotland) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate, with amendments, the provisions of the National Health Service (Superannuation) (Scotland) Regulations 1980 to 1992 which provide for the superannuation of persons engaged in the National Health Service in Scotland.

The main changes apart from minor drafting amendments, are as follows:—

• the introduction of a voluntary early retirement provision, where the employing authority agrees to meet the cost, for all members except medical and dental practitioners. Benefits will not be enhanced or reduced (regulation E4);

• the introduction of a voluntary early retirement provision, for all members, which will allow retirement between the ages of 50 and 60 with actuarially reduced benefits (regulation E5);

• provision is made for an increase in the amount of the lump sum benefit payable where a member dies in service to twice the member’s final year’s pensionable pay (regulation F1);

• the provisions under which female nurses, midwives, physiotherapists and health visitors are currently allowed to retire at age 55 are extended to male nurses etc. in relation to pensionable service from 17th May 1990. This provision is, however, withdrawn in relation to those who first become members of the scheme after the coming into force of these Regulations and in relation to those previous members who have a break in pensionable service of 5 years or more ending after that date (regulation R2);

• similarly, mental health officer status will no longer be available in relation to those who first become members of the scheme after the coming into force of these Regulations and for those who have a break of more than 5 years in their pensionable service ending after that date (regulation R3);

• provision is made for the suspension of pension in relation to members who return to NHS employment within 1 month of their pension becoming payable (regulation S1);

• provision in relation to abatement of pension for those who continue in or return to NHS employment after their pension becomes payable is limited to age 60, (regulation S2).