The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 1998

• Citation: S.I. 1998/1593
• Sections: 16

Section 1 Citation, commencement and effect

(1) These Regulations may be cited as the National Health Service Superannuation Scheme (Scotland) Amendment Regulations 1998.

(2) These Regulations shall come into force on 31st July 1998, but–

(a) regulations 3(e), 8, 9 and 15 shall have effect from 1st September 1997; and

(b) regulations 3 (except paragraph (e)), 5, 6, 13 and 16 shall have effect from 1st April 1998.

Section 2 Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 1995

The National Health Service Superannuation Scheme (Scotland) Regulations 1995 shall be amended in accordance with regulations 3 to 16 below.

Section 3 Interpretation

In regulation A2–

(a) after the definition of “the 1978 Act” insert–

(b) in the definition of “employing authority” after paragraph (d) insert–

(e) a person who is providing piloted services;

(c) after the definition of “health service scheme” insert–

(d) after the definition of “mental health officer” insert–

(e) in paragraph (a) of the definition of “occupational pension scheme” for “Chapter IV ” substitute “Chapter I”;

(f) after the definition of “personal pension scheme” insert–

Section 4 Early retirement pension (ill-health)

In regulation E2(10) after the words “equal to” delete “(a)” and delete from the word “or” to the words “regulation E8)”, where they first occur.

Section 5 Early retirement pension (redundancy etc. )

In regulation E3(4) for the words “practice staff” substitute–

–

practice staff; or

a member who is providing piloted services.

Section 6 Early retirement pension (employer’s consent)

In regulation E4(3) for the words “practice staff” substitute–

–

practice staff; or

a member who is providing piloted services.

Section 7 Lump sum when member dies after pension becomes payable

In regulation F2(1) at the beginning insert the words “Except where a lump sum payment is made under regulation E2(7),”.

Section 8 Continuation of additional contributions

In regulation L4–

(a) at the beginning insert “(1)”; and

(b) at the end insert–

(2) Practice staff who were employed by a registered medical practitioner on both 31st August 1997 and 1st September 1997 and who–

(a) had previously been compulsorily transferred from employment with a body referred to in paragraph (a), (b) or (c) of the definition of “employing authority” in regulation A2 to employment with a registered medical practitioner referred to in paragraph (d) of that definition;

(b) were at the time of the transfer paying for additional benefits by regular additional contributions under regulation Q5; and

(c) rejoined the scheme with effect from 1st September 1997,

may resume payment of those additional contributions at the percentage rate, which applied prior to the transfer, of current pensionable pay provided that the payment of those contributions resume with effect from 1st September 1997.

Section 9 Right to buy additional service

In regulation Q1–

(a) in paragraphs (1) and (6), after the words “age 60”, in each place where they occur, insert the words “or, in the case of a special class officer, age 55”; and

(b) after paragraph (6) insert–

(6A) A member who–

(a) joined the scheme on or after 17th March 1987;

(b) has made an application prior to 1st September 1997 to buy additional service; and

(c) does not commence making payments under regulation Q5 until on or after 1st September 1997,

may, up until and including 31st August 1998, elect that paragraph (6) shall cease to apply to him.

(6B) Paragraph (6) shall cease to apply to a member who–

(a) joined the scheme on or after 17th March 1987;

(b) makes an application on or after 1st September 1997 to buy additional service; and

(c) commences payments under regulation Q5 on or after 1st September 1997.

Section 10 Members doing more than one job

In regulation R4–

(a) for paragraph (1) substitute–

(1) This regulation applies to members in NHS employment–

(a) with more than one employing authority;

(b) who hold, under one employing authority, two or more separate employments; or

(c) to whom paragraph (8A) below applies.

(b) in paragraph (8), for the words “In calculating” substitute the words “Subject to paragraph (8A), in calculating”;

(c) after paragraph (8), insert–

(8A) A member who becomes entitled to a pension under regulation E3 in respect of his employment as an officer and has terminated concurrent employment as a practitioner not more than 12 months before the date on which he becomes entitled to that pension shall not be entitled to receive a pension under that regulation in respect of any employment as a practitioner, but shall be entitled to receive only a pension under regulation E1 or E5 or a preserved pension under regulation E6, in respect of any such employment.

(8B) Where paragraph (8A) applies, the member may, in respect of any service as an officer which has terminated and to which paragraph 9(1), (6) or (9) of Schedule 1 applies, elect for the said paragraph 9 not to apply and instead to receive a pension under regulation E3 in respect of that service.

Section 11 Former members of health service schemes

In regulation R7(1)(b) for the words “section 54 of the National Health Service (Isle of Man) Act 1948” substitute the words “a scheme made under section 2 of the Superannuation Act 1984”.

Section 12 Members whose earnings have been reduced

In regulation R8(6)(b) for the words “the service on which the pensionable pension” substitute the words “the pensionable service on which the pension”.

Section 13 Participators in pilot schemes

After regulation R12 insert–

Participators in pilot schemes

(R13)

(1) For the purposes of these Regulations for the duration of any pilot scheme–

(a) a registered medical practitioner–

(i) whose name appeared on a medical list immediately before the commencement of a pilot scheme or who, immediately before the commencement of a pilot scheme, was an assistant practitioner; and

(ii) who is involved in the operation of the pilot scheme, whether as a person providing piloted services or as a pilot scheme employee,

shall be treated as a practitioner employed by the relevant Health Board;

(b) a registered medical practitioner whose name did not appear on a medical list, and who was not an assistant practitioner, immediately before the commencement of a pilot scheme shall be treated–

(i) as a practitioner employed by the relevant Health Board if he provides piloted services under that pilot scheme; or

(ii) as an officer employed by the provider of the piloted services if he is a pilot scheme employee;

(c) a person who is providing piloted services shall be liable to pay contributions under regulation D2 in respect of a member who is employed by him as a pilot scheme employee;

(d) a member who, immediately before the commencement of a pilot scheme–

(i) was employed as a NHS employee; or

(ii) was employed as a pilot scheme employee, and is not a registered medical practitioner,

and who, after the commencement of a pilot scheme, is providing piloted services under that pilot scheme, shall be treated as a whole-time officer employed by the relevant Health Board;

(e) pilot scheme employees, who are employed otherwise than by a National Health Service Trust which is providing piloted services, and to whom paragraph (a) or (b)(ii) does not apply, shall be treated for the purposes of these Regulations as if they were practice staff.

(2) In this regulation–

“assistant practitioner” has the meaning given in paragraph 1 of Schedule 1;

“relevant Health Board” means the Health Board which has made an agreement with a person for that person to provide piloted services in the Health Board’s area.

Section 14 Suspension of pension on return to NHS employment

In regulation S1(5), for the words “section 54 of the National Health Service (Isle of Man) Act 1948” substitute the words “section 2 of the Superannuation Act 1984”.

Section 15 Reduction of pension on return to NHS employment

In regulation S2–

(a) in paragraph (1) for the word “This” substitute the words “Subject to paragraph (12), this”; and

(b) at the end add–

(12) This regulation shall not apply to practice staff in respect of whom a pension is payable under any of regulations E1 to E6 who were employed by a registered medical practitioner on both 31st August 1997 and 1st September 1997 and who–

(a) were ineligible to rejoin the scheme with effect from 1st September 1997; or

(b) made an election not to rejoin the scheme with effect from that date and who do not cancel that election.

Section 16 Medical and dental practitioners

In Schedule 1–

(a) in paragraph 3 (meaning of “pensionable earnings”) in sub-paragraph (1)(b) at the beginning insert the words “in the case of a dental practitioner,”;

(b) in paragraph 6 (meaning of “pensionable earnings” in relation to other practitioners) at the end add–

(3) In the case of–

(a) a practitioner providing piloted services, “pensionable earnings” means all fees and other regular payments paid to the practitioner in respect of the provision of piloted services, but does not include bonuses or payments made to cover expenses or for overtime;

(b) a practitioner employed as a pilot scheme employee, “pensionable earnings” means all salary or wages paid to the practitioner in respect of employment as a practitioner, but does not include bonuses or payments made to cover expenses or for overtime.

(c) in paragraph 18 (members away from work and maternity absence) at the end add–

(6) For the purposes of these Regulations for the duration of any pilot scheme–

(a) a member who is providing piloted services and who is absent from work by reason of illness or injury shall be treated as a practitioner whether or not his name is included on a medical list immediately before the commencement of the pilot scheme; and

(b) a member who is a pilot scheme employee and who is absent from work by reason of illness or injury shall be treated as an officer whether or not his name is included on a medical list immediately before the commencement of the pilot scheme.