Legislation – The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025
PART 6Amendments to the National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015
New regulation 36A36.
After regulation 36 (abatement) insert—
“Entitlement to additional retirement benefits36A.
(1)
This regulation applies to or in respect of a member of the old scheme (M) who—
(a)
became an active member of the 2008 Section pursuant to regulation 2.B.5 or 3.B.5 of the 2013 Regulations (joining this section of the scheme) for the first time on 1 April 2012, and
(b)
was born on or before 31 August 1960.
(2)
Where, on the coming into force of regulations 12 and 18 of the National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 202545 (amendment of regulations 2.B.1 and 3.B.1 of the 2013 Regulations (eligibility: general)) the aggregate of the benefits that have been paid or would have become payable (but for the application of regulation 12 or 18) under the 2008 Section to any person (“the beneficiary”) in respect of, or associated with M’s pensionable service for the period beginning with 1 April 2015 and ending with 31 March 2022 exceeds the aggregate of the benefits to which the beneficiary is entitled or becomes entitled under the new scheme in respect of, or associated with M’s pensionable service for that period, the scheme manager46 of the new scheme must pay an amount equal to the difference to the beneficiary or if the beneficiary is deceased, that beneficiary’s personal representatives.”.