PART 3Amendment of the National Health Service Pension Scheme (Scotland) Regulations 2008

Amendment of regulation 2.E.18

46.  In regulation 2.E.18 (amount of lump sum: dual capacity members (disregarding regulation 2.D.5 employments))–

(a)in paragraph (1) after “active member” insert “or a non contributing member”; and

(b)in paragraph (2) for sub paragraph (a) substitute–

“(a)five times the annual rate of pension–

(i)payable under regulation 2.D.8(5) (upper tier ill health pension), if the deceased had not reached the age of 65;

(ii)payable under regulation 2.D.1 (normal retirement pensions), if the deceased had reached the age of 65,

to which the member would have been entitled–

(aa)in the case of a deceased active member, at the member’s date of death; and

(bb)in the case of a deceased non contributing member, on the last day of the member’s pensionable service; and”.