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The National Health Service Pension Scheme (Scotland) Regulations 2008
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Exceptions to requirement that NHS employment must have ceased
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2.D.13—(1) A member is not prevented from becoming entitled to a pension under regulation 2.D.1 in respect of relevant service because of continuing in NHS employment if paragraph (2) applies.
(2) This paragraph applies if–
(a)the member is an active member in the NHS employment and that employment is employment into which the member has been transferred as a result of a transfer of an undertaking to the employing authority; and
(b)the member is a deferred member in respect of pensionable service that ceased before the member commenced the employment referred to in sub-paragraph (a).
(3) In paragraph (1), “relevant service” means the pensionable service referred to in paragraph (2)(b) in respect of which the member is a deferred member.
(4) A member is not prevented from becoming entitled to a pension under regulation 2.D.11 in respect of pensionable service in an employment (“the old employment”) because of continuing in NHS employment if paragraph (5) applies.
(5) This paragraph applies if–
(a)before the termination of the old employment the member held 2 or more NHS employments concurrently; and
(b)the member elected to take benefits under regulation 2.D.11 only in respect of the old employment and to continue to accrue rights to benefits in respect of any continuing employments in which the member is an active member.
(6) For the effect of a pension becoming payable as a result of paragraph (2) applying, see–
(a)Chapter 2.G (re-employment and rejoining the scheme); and
(b)Chapter 2.H (abatement).
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