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

Amendment of regulation 3.E.19

80.  In regulation 3.E.19 (amount of lump sum: dual capacity members: members with pensions under regulation 3.D.5)–

(a)in paragraph (1)–

(i)in sub paragraph (a) for “is an active member” substitute “was an active member or a non contributing member”; and

(ii)in sub paragraph (b) for “is” substitute “was”;

(b)for paragraph (2) substitute–

“(2) The lump sum is an amount–

(a)equal to the sum of–

(i)in the case of a deceased active member, twice the appropriate fraction of the annual average of the member’s uprated earnings at the date of death;

(ii)in the case of a deceased non contributing member, twice the appropriate fraction of the annual average of the member’s uprated earnings at the member’s last day of pensionable service; and”; and

(c)in paragraph (5) (in the definition of “DPS”) after “active member” insert “or a non contributing member”.