Regulations

• to allow for the re-instatement of persons who opted out of the NHS Scheme; and
• to provide that part-time staff be included in the NHS pension scheme on joining the NHS.

• to allow practice staff to join the scheme; and
• allow service under a retainer scheme to count towards pensionable service.

• to provide for the commutation of an ill health pension in circumstances of terminal ill health.

• to provide for piloted medical services providers and staff joining the NHS pension scheme.

• to include Primary Care Trusts as employing authorities;
• to allow members to nominate a specific person in relation to the lump sum on death benefit; and
• to extend voluntary early retirement to preserved members.

• to introduce pension sharing on divorce.

• to give locum practitioners access to the scheme

• to allow general practitioners to pension locum work; and
• provide that the scheme could charge employers for the cost of pensions increase.

• to allow paternity and adoption leave to be pensionable; and
• to introduce increased flexibilities for members with a mixture of officer and practitioner service.

• The definitions of all practitioners are amended;
• The definition of pensionable earnings is extended to include all NHS work carried out under a contract for services with an NHS employing authority;
• Certain not for profit organisations who provide NHS out of hours services are now able to participate in the superannuation scheme and are therefore legislated for in the amended regulations.
• The superannuation scheme and injury benefit scheme have been extended to include non-clinical partners in a practice.
• The Regulations have been amended to take account of the ending of medical pilot schemes.
• Regulations have been incorporated to provide that the Scottish Ministers may direct that a widow, widower or other dependant forfeit some or all of the benefits paid in respect of a superannuation scheme member, should they be convicted of the unlawful killing of that member.
• These amendment regulations also provide for the dissolution of NHS Trusts and make minor and consequential amendments.

The National Health Service (Superannuation Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Civil Partnership) (Scotland) Amendment Regulations 2005

The National Health Service (Superannuation Scheme and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2006

These amendments ensure compliance with the HM Revenue and Customs pensions tax regime introduced by the Finance Act 2004.

The main changes are:

• A new minimum pension age of 55 by 6 April 2010 but with  protection for current members existing on 5 April 2006
• Lump sum to be paid to member before they reach age 75
• Child allowances payable to age 23 yrs
• Limit on which trivial pension can be commuted increased in line with overriding tax rules.

The National Health Service (Superannuation Scheme and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2006

These Regulations amend the  Superannuation Scheme Regulations and the Compensation for Premature Retirement Regulations in order to bring them in line with the recent EU Directive on equality in employment and vocational training and particular aspects of age discrimination.  They implement new redundancy arrangements which were agreed following a UK Partnership review and consultation exercise and have effect from 1 December 2006

The National Health Service (Superannuation Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2008

These regulations introduce a number of minor changes to the main scheme, AVC, Injury Benefits and Compensation for Premature Retirement Schemes. The main changes are to include in the definition of “employing authority” those employers who are subject to a Direction, to insert a definition of “scheme actuary ” to restrict the whole time pensionable pay equivalent for a part time member to that which would have been paid in a single comparable employment, to extend death in service cover to those members whose NHS employment had ceased to be pensionable solely by virtue of having the maximum amount of reckonable service under the scheme, to allow for the relaxation of the 12 month time limit on members transferring membership in to the NHS Pension Scheme for Scotland from other UK NHS pension schemes, provide that members who are moderate earners and who have reduced service as a result of dissolution or annulment of marriage (or, after 5th December 2005, civil partnership) may re-build their service and to clarify the position where by interest can be paid on late payments.

The National Health Service Superannuation Scheme (Additional Voluntary Contributions, Injury Benefits and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2008

These Regulations amend the NHS AVC, Injury Benefit and Compensation for Premature Retirement Schemes with amendments required as a consequence of the reform changes introduced to the main scheme from 1 April 2008

The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 2008  

These Regulations introduce major changes to the scheme governed by the 1995 regulations which were agreed in partnership following consultation.  The main changes include tiered employee contributions, two tier ill health pensions, a facility to take more pension as a lump sum, survivor pensions for non legal partners and  maximum service extended to 45 years.