Public Service Pensions Citation and commencement 1 1 These Regulations may be cited as the National Health Service Pension Schemes (Scotland) Amendment Regulations 2022. 2 These Regulations come into force on 1 April 2022. Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 2011 2 In the National Health Service Superannuation Scheme (Scotland) Regulations 2011 , in regulation B3 (restrictions on further participation in this Section of the scheme), at the beginning insert— A1 A person may not contribute to or accrue further pensionable service under this Section of the scheme in relation to the person’s service after 31st March 2022. A2 Paragraphs (1) to (18) of this regulation apply to a person’s service under this Section of the scheme before 1st April 2022. . Amendment of the National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 3 1 The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 are amended as follows. 2 In regulation 2.B.3 (restrictions on eligibility: general) , at the beginning insert— A1 A person is not eligible to be an active member of this Section of the scheme in respect of service in NHS employment after 31st March 2022. A2 Paragraphs (1) to (7) of this regulation apply in respect of service in NHS employment before 1st April 2022. . 3 In regulation 3.B.3 (restrictions on eligibility: general) , at the beginning insert— A1 A person is not eligible to be an active member of this Section of the scheme in respect of practitioner service after 31st March 2022. A2 Paragraphs (1) to (8) of this regulation apply in respect of practitioner service before 1st April 2022. . Amendment of the National Health Service Pension Scheme (Scotland) Regulations 2015 4 In the National Health Service Pension Scheme (Scotland) Regulations 2015 in regulation 19 (restrictions on membership), for sub-paragraph (c) substitute— c is on 31st March 2022— i a member of the 1995 Section who is no longer required to pay contributions pursuant to regulation D1(26) or (27) (contributions by members: age and pensionable service limits) of the 2011 Regulations; or ii in relation to the 2008 Section, a non-contributing member within the meaning of regulation 2.A.1 (interpretation of Part 2: general) or 3.A.1 (interpretation of Part 3: general) of the 2013 Regulations; . Amendment of the National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015 5 1 The National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015 are amended as follows. 2 In regulation 11 (contribution rate setting: Groups A to C)— a in paragraph (1) for “31st March 2015” substitute “31st March 2022” ; b in paragraph (2),— i for “1st April 2015” substitute “1st April 2022” ; and ii in sub-paragraph (b), for “1st April 2014 to 31st March 2015” substitute “1st April 2021 to 31st March 2022” . 3 In regulation 12 (contribution rate setting: Group D)— a in paragraph (1), for “31st March 2015” substitute “31st March 2022” , b in paragraph (2), for “1st April 2015” substitute “1st April 2022” . 4 In regulation 18(1) (uprating of old scheme practitioner earnings) for “after 31st March 2015” substitute “in which the member is a member of the new scheme” . 5 In regulation 25 (decoupling of benefits derived from additional contributions)— a in paragraph (2)— i in sub-paragraph (a), after “except as provided for in paragraph (10) below” insert “, or, if later, the date on which the member joins the new scheme” , ii in sub-paragraph (b), after “except as provided for in paragraph (10) below” insert “, or, if later, the date on which the member joins the new scheme” , iii in the closing text— aa after “date or”, omit “the member’s”, bb at the end, insert “or, if later, the date on which the member joins the new scheme” , b in paragraph (6), for the words from “requires,” to the end substitute— requires— a no later than one month before the member’s chosen date or chosen birthday (as applicable); or b if— i the member joins the new scheme less than six months before the member’s chosen date or chosen birthday (as applicable); or ii the member joins the new scheme on or after the member’s chosen date or chosen birthday (as applicable), no later than three months after the date on which the scheme administrator provides the notification referred to in paragraph (9). , c in paragraph (9), from “regulation” to the end of the paragraph substitute— regulation— a at least six months before the member’s chosen date or chosen birthday (as applicable); or b if the member joins the new scheme at a time specified in paragraph (6)(b)(i) or (ii), no later than three months after the date on which the member joins the new scheme. , d after paragraph (9), insert— 9A A notice for the purpose of paragraph (9) must specify— a the date on which any pension payable pursuant to this regulation would come into payment were an election to be made; b the amount of any pension payable under this regulation (before any option to commute part of the pension into a lump sum); and c the date by which the election under this regulation must be received by the scheme administrator pursuant to paragraph (6). . 6 In regulation 27 (ill-health benefits: continuity of existing applications)— a in paragraph (1)— i after “This regulation applies”, insert “during the application period” , ii in sub-paragraph (a)— aa for “apart from the operation of this regulation” substitute “on 1st April 2022 (“the transition date”), bb in head (i), after “further”, insert “pensionable” , for “Section—” substitute “Section; and” , omit sub-heads (aa) and (bb), cc in head (ii), omit the words from “on” to the end. dd in head (ii), omit the words from “on” to the end. b in paragraph (2)— i for the words before sub-paragraph (a) substitute “For the purposes of paragraph (1), “ the application period ” in relation to a member is the period which ends with the day on which—” , ii in sub-paragraph (b)— aa after “to” insert “an” , bb for the words from “under” to “applicable)” substitute “in respect of that application” , c in paragraph (3)— i for the words before sub-paragraph (a) substitute “For the purposes of paragraph (2)(b), a determination becomes final and binding when—” ii in sub-paragraph (a), for head (iii), substitute “by proceedings before a court or tribunal;” , iii in sub-paragraph (b), omit “that” in the first place it occurs, d omit paragraphs (4) to (6), e at the end insert— 7 Where this regulation applies— a the member’s application for ill-health pension is considered in accordance with paragraph (8) or (9) (whichever is relevant); and b the member’s benefits, if any, are paid in accordance with paragraph (10) and the further provisions referred to in that paragraph. 8 If the member was in pensionable employment in the 1995 Section on 31st March 2022, the member’s application for ill-health pension is considered— a as an application for ill-health pension for the purposes of 2015 regulation 89 (entitlement to ill-health pension); and b as if it were also an application for ill-health pension for the purposes of 2011 regulation E3. 9 If the member was an active member of the 2008 Section on 31st March 2022, the member’s application for ill-health pension is considered— a as an application for ill-health pension for the purposes of 2015 regulation 89; and b as if it were also an application for ill-health pension for the purposes of 2013 regulation 2.D.8 or 2013 regulation 3.D.7. 10 The member’s benefits will be paid in accordance with— a paragraph (13) if, as a result of consideration under paragraph (8), the member satisfies the lower tier condition or the upper tier condition for the purposes of paragraph (2)(b)(i) or (ii) of 2011 regulation E3 (together “the 2011 regulation E3 ill-health conditions”) but does not satisfy the lower tier condition or upper tier condition for the purposes of paragraph (2)(c) or (3)(b) of 2015 regulation 89 (together “the 2015 regulation 89 ill-health conditions”); b paragraph (14) if, as a result of consideration under paragraph (9), the member satisfies the condition at paragraph (2)(a) or (3)(a) of 2013 regulation 2.D.8 or 2013 regulation 3.D.7 (together “the 2013 ill-health regulations”) but does not satisfy either of the 2015 regulation 89 ill-health conditions; c paragraph (16) if— i as a result of— aa consideration under paragraph (8), the member satisfies one or both of the 2011 regulation E3 ill-health conditions and one or both of the 2015 regulation 89 ill-health conditions; or bb consideration under paragraph (9), the member satisfies one or both of the 2013 ill-health conditions and one or both of the 2015 regulation 89 ill-health conditions; and ii the annual rate of ill-health pension to which the member would have been entitled under 2011 regulation E3, 2013 regulation 2.D.8 or 2013 regulation 3.D.7, as determined in accordance with the pension comparison calculation, if the member had retired from pensionable employment or ceased NHS employment on 31st March 2022. 11 If the member was in pensionable employment in the 1995 Section on 31st March 2022, for the purposes of the pension comparison calculation, the pensions (“ P ”) under— a 2011 regulation E3; and b regulation 28(3)(a)(ii), are each increased by applying the formula— S × P / 12 12 If the member was an active member of the 2008 Section on 31st March 2022 and is entitled to a lump sum (“ LS ”) under regulation 28(3)(b)(ii) or (iii), for the purposes of the pension comparison calculation, the pensions under— a 2013 regulation 2.D.8 or 2013 regulation 3.D.7; and b regulation 28(3)(a)(ii), are each increased by the amount found by applying the formula— LS / 12 13 Where this paragraph applies to the member (see paragraph (10)(a)), the annual rate of ill-health pension and the lump sum payable from the new scheme is equal to— a either— i if the member satisfies the lower tier condition in 2011 regulation E3, the lower tier ill-health pension the member would have been entitled to under that regulation if the member had retired from pensionable employment on 31st March 2022; or ii if the member satisfies the upper tier condition in 2011 regulation E3, the upper tier ill-health pension the member would have been entitled to under that regulation if the member had retired from pensionable employment on 31st March 2022; and b the lump sum to which the member would have been entitled under regulation E13 (lump sum on retirement) of the 2011 regulations a consequence of becoming entitled to payment of one of those pensions. 14 Where this paragraph applies to the member (see paragraph (10)(b)), the annual rate of ill-health pension and the lump sum payable from the new scheme is equal to— a if the member satisfies the lower tier condition of 2013 regulations 2.D.8 or 3.D.7, the lower tier ill-health pension then member would have been entitled to under whichever of those regulations applies to the member if the member had ceased NHS employment on 31st March 2022; or b if the member satisfies the upper tier condition of 2013 regulations 2.D.8 or 3.D.7, the upper tier ill-health pension the member would have been entitled to under whichever of those regulations applies to the member if the member had ceased NHS employment on 31st March 2022. 15 On the payment of a pension to a member in accordance with paragraph (13) or (14), all rights in respect of that member under the old scheme are extinguished. 16 Where this paragraph applies to the member (see paragraph (10)(c))— a the annual rate of ill-health pension payable from the new scheme under regulation 28 is increased by an amount equal to the difference between the annual rate of the member’s ill-health pension under 1995 regulation E3, 2013 regulation 2.D.8 or 2013 regulation 3.D.7 and the annual rate of the member’s ill-health pension under regulation 28(3)(a) or (4), determined in accordance with the pension comparison calculation; and b that increase is applied to the member’s ill-health pension under regulation 28 after the calculation of the upper tier addition (if any). 17 Paragraphs (18) and (19) apply if a member receiving an ill-health pension under paragraph (10)(a) or (b) dies (“the deceased member”). 18 If a surviving adult dependent of the deceased member is entitled to a pension in accordance with regulation 115 (amount of pension: survivor of pensioner member) of the 2015 Regulations, the annual rate of the adult survivor pension payable is— a 50% of the pension to which the member was entitled at the date of death (disregarding any additional pension) if the member was receiving a pension under paragraph (13) of this regulation on that date; and b 37.5% of the pension to which the member was entitled at the date of death (disregarding any additional pension) if the member was receiving a pension under paragraph (14) of this regulation on that date. 19 If a child’s pension becomes payable in respect of an eligible child of the deceased member in accordance with regulation 123 (amount of child pension: deceased pensioner member) of the 2015 Regulations, the basic death pension for the purposes of that regulation is— a 100% of the pension to which the member was entitled at the date of death (disregarding any additional pension) if the member was receiving a pension under paragraph (13) of this regulation on that date; and b 75% of the pension to which the member was entitled at the date of death (disregarding any additional pension) if the member was receiving a pension under paragraph (14) of this regulation on that date. 20 For the purposes of the 2015 Regulations— a a member’s pension entitlement under the new scheme that is equivalent to entitlement to one of the following pensions is treated as if it were entitlement to an ill-health pension at the lower tier under 2015 regulation 89— i a lower tier pension under 1995 regulation E3 referred to in paragraph (13)(a)(i); ii a lower tier pension under 2013 regulation 2.D.8 or 2013 regulation 3.D.7 referred to in paragraph (14)(a); b a member’s pension entitlement under the new scheme that is equivalent to entitlement to one of the following pensions is treated as if it were entitlement to an ill-health pension at the upper tier under 2015 regulation 89— i an upper tier pension under 2011 regulation E3 referred to in paragraph (13)(a)(ii); ii an upper tier pension under 2013 regulation 2.D.8 or 2013 regulation 3.D.7 referred to in paragraph (14)(b); iii a pension under regulation 28 that is increased in accordance with paragraph (16) by an amount equal to the difference between the annual rate of the ill-health pension payable under regulation 28(3)(a) and the annual rate of the member’s upper tier ill-health pension under 2011 regulation E3, 2013 regulation 2.D.8 or 2013 regulation 3.D.7 as determined in accordance with the pension comparison calculation. 21 In this regulation— “ 1995 regulation E3 ” means regulation E3 of the 2011 Regulations; “ 1995 regulation E3 ill-health conditions ” has the meaning given in paragraph (10)(a); “2013 regulation 2.D.8” means regulation 2.D.8 of the 2013 Regulations; “2013 regulation 3.D.7” means regulation 3.D.7 of the 2013 Regulations; “ 2015 regulation 89 ” means regulation 89 of the 2015 Regulations; “ the 2013 ill-health conditions ” has the meaning given in paragraph (10)(b); “ the 2015 regulation 89 ill-health conditions ” has the meaning given in paragraph (10)(a); “ the deceased member ” has the meaning given in paragraph (17); “ the member’s application for ill-health pension ” has the meaning given in paragraph (1)(c); “ the pension comparison calculation ” has the meaning given in paragraph (10)(c)(ii). . 7 In regulation 28 (ill health benefits: members below old scheme normal pension age) — a in paragraph (6B)— i in the words before sub-paragraph (a), omit “the sum of”, ii for sub-paragraphs (a) and (b) substitute— a if the member was in pensionable employment in the 1995 Section before becoming an active member of the new scheme, the sum of— i 33.75% of the pension to which the member was entitled at the date of death (disregarding any additional pension) under the new scheme; ii 16.25% of the amount (if any) by which that pension has been increased in accordance with regulation 27(16); and iii 16.25% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation; or b if the member was an active member of the 2008 Section before becoming an active member of the new scheme, the sum of— i 33.75% of the pension to which the member was entitled at the date of death (disregarding any additional pension) under the new scheme; ii 3.75% of the amount (if any) by which that pension has been increased in accordance with regulation 27(16); and iii 3.75% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation. , b in paragraph (6C)— i in the words before sub-paragraph (a), omit “the sum of”, ii for sub-paragraphs (a) and (b) substitute— a if the member was in pensionable employment in the 1995 Section before becoming an active member of the new scheme, the sum of— i 67.5% of the deceased member’s annual pension (disregarding any additional pension) under the new scheme; ii 32.5% of the amount (if any) by which that pension has been increased in accordance with regulation 27(16); and iii 32.5% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation; or b if the member was an active member of the 2008 Section before becoming an active member of the new scheme, the sum of— i 67.5% of the deceased member’s annual pension (disregarding any additional pension) under the new scheme; ii 7.5% of the amount (if any) by which that pension has been increased in accordance with regulation 27(16); and iii 7.5% of the old scheme pension to which the member was entitled at the date of death in accordance with paragraph (3)(a)(ii) of this regulation. . 8 In regulation 35(1) (variations to lump sums for 1995 and 2008 pensioners joining new scheme)— a for “and 6” substitute “, 6 and 7” , b after “1 to 4”, in the second place it occurs, insert “, 6 and 7” . 9 In schedule 1 (eligibility of pensioners)— a in paragraph 1 (eligibility of 1995 Section pensioners to join new scheme), at the end of the table insert— Table 7 a 1995 Section member in receipt of a pension under regulation E2 or a lower tier pension under regulation E3 of the 2011 Regulations who— eligible to be an active member of the new scheme on the first day on or after 1st April 2022 on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations. (a) is in further pensionable employment in the 1995 Section on 31st March 2022; or (b) would have been eligible to join the 1995 Section on 31st March 2022 if the member had been in employment with an employing authority on that day. 8 a 1995 Section member in receipt of a redundancy etc. pension under regulation of the 2011 Regulations who— eligible to be an active member of the new scheme on the first day on or after 1st April 2022 on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations. (a) made an election under paragraph (4) of regulation R4 of the 2011 Regulations in respect of that pension; (b) is in further pensionable employment in the 1995 Section on 31st March 2022; or (c) would have been eligible to join the 1995 Section on 31st March 2022 if the member had been in employment with an employing authority on that day. b in paragraph 2 (eligibility of 2008 Section pensioners to join new scheme), in the table— i in the row in respect of Group 4, in column 2, for “regulation 2.G.5(5)(b)” substitute “regulation 2.G.4(5)(b)” , ii at the end, insert— Table 6 a 2008 Section pensioner other than an upper tier ill-health pensioner who— eligible to be an active member of the new scheme on the first day on or after 1st April 2022 on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations. (a) is also an active member of the 2008 Section on 31st March 2022; or (b) would have been eligible to be an active member of the 2008 Section if the member had been in NHS employment on that day. 7 An upper tier ill-health pensioner— eligible to be an active member of the new scheme on the first day on or after the first anniversary of return to NHS employment on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations. (a) who returns to NHS employment and the first anniversary of that return is on or after 1st April 2022; (b) to whom regulation 2.G.4(5)(b) or 3.G.4(5)(b) of the 2013 Regulations applies; and (c) on the first anniversary of the return to NHS employment that person is not eligible to re-join the 2008 Section pursuant to regulation 2.B.2(A1) or 3.B.2(A1) of the 2013 Regulations. TOM ARTHUR Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh At 8.45 a.m. on 17th March 2022 We consent ALAN MAK MICHAEL TOMLINSON Two Lords Commissioners of Her Majesty’s Treasury 16th March 2022