Legislation – The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendment) (Scotland) Regulations 2025
PART 4Amendments to the National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013
Amendment of regulation 2.A.69.
(1)
Regulation 2.A.6(1) (meaning of “qualifying service”) is amended as follows.
(2)
Omit sub-paragraph (i).
(3)
“(k)
in the case of a person who—
(i)
ceased to be an active member of the 1995 Section on leaving NHS employment,
(ii)
became a deferred member of that Section on leaving that employment and has not since become a pensioner member of that Section between the date of leaving that employment and joining this Section of the Scheme, and
(iii)
became an active member of this Section of the Scheme during the period beginning with 1 October 2008 and ending with 31 March 2015 and five years or more since last leaving NHS employment,
a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section,
(l)
in the case of a person who—
(i)
was a deferred member of the 1995 Section who gave notice for the purposes of paragraph (1) or (2)20 of regulation B4 of the 2011 Regulations (opting out of this Section of the scheme),(ii)
as a result of that notice was treated as ceasing to be an active member of that Section,
(iii)
pursuant to that notice remained opted-out of that Section for five years or more, and
(iv)
became an active member of this Section of the Scheme during the period beginning with 1 October 2008 and ending with 31 March 2015,
a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section, and
(m)
in the case of a person who—
(i)
was a deferred member of the 1995 Section who gave notice for the purposes of paragraph (1) or (2) of regulation B4 of the 2011 Regulations and following that notice, ceased to be an active member of that Section for any one period of five years or more comprising the aggregate of—
(aa)
any period during which the person left NHS employment, and
(bb)
any period during which the person was treated as never having been an active member of that Section in accordance with paragraph (3)21 of regulation B4 of those Regulations in respect of one or more later periods of NHS employment entered into after having given the notice for the purposes of paragraph (1) or (2) of that regulation, and(ii)
became an active member of this Section of the Scheme during the period beginning with 1 October 2008 and ending with 31 March 2015,
a period equal in length to the period of qualifying service which the member is entitled to count under the 1995 Section.”.