The National Health Service Pension Scheme (Scotland) Regulations 2008

CHAPTER 3.BMEMBERSHIP

Eligibility: general

3.B.1—(1) A person is eligible to be an active member of the scheme if conditions A to C are met and the person is not prevented by regulation 3.B.2, 3.B.3 or 3.B.6.

(2) Condition A is that the person is in practitioner service.

(3) Condition B is that the person–

(a)enters practitioner service on or after 1st April 2008 and meets any one of the other scheme conditions (see paragraph (5)); or

(b)entered that service before that date and on that date was not an active member of the NHS superannuation scheme for Scotland 1995 in that employment or any other NHS employment.

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

(5) The other scheme conditions are that–

(a)the person has not previously been an active member of the NHS superannuation scheme for Scotland 1995;

(b)the person ceased to be an active member of that scheme 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 scheme;

(c)the person ceased to be an active member of the NHS superannuation scheme for Scotland 1995 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 scheme and has received a repayment of contributions in respect of that membership; or

(d)the person ceased to be an active member of the NHS superannuation scheme for Scotland 1995 on or after that date 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 of that scheme; or

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

but sub-paragraph (d) will not apply if the Scottish Ministers have permitted such a person to rejoin the NHS superannuation scheme for Scotland 1995 in the circumstances described in regulation B5 of the 1995 Regulations(1).

(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)“NHS Pension scheme for Scotland 1995” 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 of the Superannuation (Miscellaneous Provisions) Act 1967(2);

(ii)employment to which regulations made under section 10 of the Superannuation Act 1972(3) and having effect in England and Wales apply,

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

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

(v)employment with an employer with whom an agreement has been made under section 235 of the National Health Service Act 2006(4).

Restrictions on eligibility: general

3.B.2—(1) A person is not eligible to be an active member of the scheme if the person–

(a)became a pensioner member of the NHS superannuation scheme for Scotland 1995 before 1st April 2008; or

(b)became a pensioner member or a deferred member of that scheme on or after that date.

(2) A person is not eligible to be an active member of that scheme in respect of service in an employment if the person is an active member of a superannuation scheme established under section 1 or 9 of the Superannuation Act 1972 in respect of service in that employment.

(3) A person who holds an honorary appointment and does not at the same time hold any other employment which entitles him or her to be a member of the scheme is not eligible to be an active member of the scheme.

(4) A person is not eligible to be an active member of the scheme in any further employment if the person–

(a)becomes entitled to an upper tier ill health pension under regulation 3.D.7 (early retirement ill health (active members); and

(b)opts to exchange that pension for a lump sum in accordance with regulation 3.D.11 (option for members in serious ill health to exchange pension for lump sum).

(5) A person who is entitled to the immediate payment of a pension under the scheme under a regulation that requires the person not to be in NHS employment may only be an active member in accordance with–

(a)regulation 3.D.5 (partial retirement (members aged at least 55)); or

(b)Chapter 3.G (re-employment and rejoining the scheme).

Concurrent employments

3.B.3  A practitioner may participate in the scheme in respect of employment as a practitioner even if he or she also participates in the scheme in Part 2 in respect of concurrent whole-time or part time employment as an officer (within the meaning of Part 2).

Joining and leaving the scheme

Joining the scheme

3.B.4—(1) A person entering employment with an employing authority in which the person is eligible to be an active member of the scheme becomes such a member, unless regulation 3.B.5(4) or 3.B.7 applies.

(2) A person who is eligible to be such a member by virtue of falling within regulation 3.B.1(3)(b) may opt to become such a member by giving notice in writing to the employing authority.

(3) A person who whilst an active member in any employment has exercised the option to opt out of the scheme under regulation 3.B.5(1) and is eligible to be an active member–

(a)in that employment; or

(b)in a later employment to which paragraph (1) does not apply because of regulation 3.B.5(5),

may opt to become an active member in the employment in which the member is eligible to be such a member by giving notice in writing to the employing authority in such form as the Scottish Ministers require.

(4) A notice under paragraph (3) takes effect–

(a)from the beginning of the first pay period to begin after the notice is received by the employing authority; or

(b)if the notice specifies a date that is the first day of a later pay period, from that date.

(5) A notice under paragraph (3) may not be given by a person who is absent from work for any reason.

(6) Paragraph (1) is subject to regulation 3.B.5(5).

Opting out of the scheme

3.B.5—(1) A person who is an active member of the scheme in any employment may opt at any time to cease to be such a member by giving notice in writing to the person’s employing authority.

(2) A person who so opts ceases to be such a member on the date the notice takes effect.

(3) The notice takes effect–

(a)from the beginning of the first pay period to begin after the notice is received by the employing authority; or

(b)if the notice specifies a later date, from the beginning of the first pay period after that in which the specified date falls.

(4) A person within regulation 3.B.4(1) (automatic membership on entering employment) in respect of an employment who gives notice in writing under paragraph (1) before the end of the person’s first pay period in the employment is treated as not having become an active member under that regulation.

(5) Regulation 3.B.4(1) does not apply to a person entering an employment with an employing authority (“the later employment”) if–

(a)the person has previously given notice under paragraph (1) in respect of an employment with the same authority that has ceased (“the earlier employment”); and

(b)either–

(i)the period beginning with the day following that on which the earlier employment ceased and ending with the day before the later employment begins; or

(ii)the period beginning with the day following that on which a relevant intermediate employment ceased and ending with the day before the later employment begins,

is less than 12 months.

(6) An employment is a relevant intermediate employment for the purposes of paragraph (5) if–

(a)regulation 3.B.4(1) did not apply to the person on entering it because of paragraph (5); and

(b)the person did not opt to become a member of the scheme in that employment under regulation 3.B.4(3).

(7) A practitioner who opts not to contribute to the scheme in respect of his or her employment as a practitioner may, nevertheless, participate in the scheme in respect of concurrent employment as an officer under Part 2.

Restriction on further participation in the scheme

3.B.6—(1) A person who ceases to meet conditions A, B and C in regulation 3.B.1 in an employment or is prevented by regulation 3.B.2 from continuing to be an active member in an employment must cease to be an active member of the scheme in that employment.

(2) Accordingly–

(a)a person within paragraph (1) may not make any further contributions to the scheme under Chapter 3.C; and

(b)any further service of the person is not pensionable service for the purposes of the scheme.

Membership: locum practitioners

3.B.7—(1) Regulation 3.B.4 does not apply to a locum practitioner.

(2) A locum practitioner may apply to join the scheme by sending an application to the employing authority and submitting such evidence relating to his or her service as a locum practitioner and the contributions payable in respect of it as are required by the authority.

(3) On receiving such an application, such evidence and such contributions, the employing authority must submit the application to the Scottish Ministers.

(4) No application may be made under paragraph (2) in respect of a period of engagement as a locum practitioner ending earlier than 10 weeks before the date of the application.