the member must continue to pay contributions in respect of the later employment at the same rate as that which applied to the earlier employment or, if there is more than one earlier employment, at the same rate as that which applied to whichever of those earlier employments was the last to cease.

(2Q) Paragraph (2P) does not apply if, during the 2008–2009 scheme year, the member–

(a) has pensionable employment both as a general medical practitioner and a dental practitioner; and

(b) ceases both of those employments on the same day.

(2R) If none of paragraphs (2E) to (2P) apply–

(a) the Scottish Ministers must determine the amount of the member’s pensionable pay, and in doing so must, in addition to the matters referred to in paragraph (2A), have regard to the pensionable pay attributable to pensionable employment comparable to the member’s employment, prevailing pay scales and prevailing rates of pensionable allowances; and

(b) the member must pay contributions at the rate specified in column 2 of the table in paragraph (1D) in respect of the amount of pensionable pay referred to in column 1 of that table which corresponds to the member’s pensionable pay determined in accordance with paragraph (a)..

(3) In paragraph (4)–

(a) for “70” substitute “75”; and

(b) omit “and reaches age 65”.

Amendment of regulation D2

10.—(1) Regulation D2 (contributions and other payments by employing authorities) is amended as follows.

(2) In paragraph (3)–

(a) omit “or E4 (early retirement pension (employer’s consent))”;

(b) in sub-paragraph (a) after “E3” insert “(including any amount of pension that is exchanged for a lump sum under regulation E11)”.

(3) In paragraph (5)(b)(i) and (ii) omit “or E4”.

Amendment of regulation E1

11.—(1) Regulation E1 (normal retirement pension) is amended as follows.

(2) In regulation E1(2), for “70” substitute “75”.

(3) After paragraph (2) insert–

(3) Subject to paragraph (4), where a member who leaves pensionable employment on or after 1st April 2008 becomes entitled to a pension under this regulation, the Scottish Ministers may discharge their liability for that pension by the payment of a lump sum of an amount consistent–

(a) with the contracting-out and preservation requirements of the 1993 Act; and

(b) the lump sum rule.

(4) A lump sum payment under paragraph (3) may be made only if the Scottish Ministers are satisfied that it is appropriate in all the circumstances having regard to the life expectancy of the member.

(5) For the purposes of paragraph (4), the Scottish Ministers may require whatever medical evidence they consider necessary.

(6) The amount of the lump sum payable under paragraph (3)–

(a) is equal to 5 times the yearly rate of the member’s pension (calculated in accordance with this regulation); and

(b) is payable in addition to the lump sum on retirement payable under regulation E7 (which is not subject to any reduction under regulation E8(1)) and the lump sum in place of part of a pension payable under regulation E11.

(7) For the purposes of calculating the amount of the lump sum payable under paragraph (6), the member will be treated as if he had made an election under regulation E11 to receive the maximum amount of a further lump sum payable under that regulation..

Amendment of regulation E2

12.—(1) Regulation E2 (early retirement pension (ill health)) is amended as follows.

(2) Before paragraph (1) insert–

(A1) This regulation applies to a member who–

(a) retires from pensionable employment on or after 1st April 2008 and submitted a claim together with supporting medical evidence pursuant to regulation T1 (claims for benefits) for benefits under this regulation which was received by the Scottish Ministers before 1st April 2008; or

(b) returns to employment which attracts a pension in accordance with paragraph (11)..

(3) In paragraph (1) after “member” insert “to whom this regulation applies”.

(4) In paragraph (10)(b), after “deductions from lump sum” insert “and the lump sum in place of part of pension payable under regulation E11”.

(5) After paragraph (12) insert–

(13) For the purposes of calculating the amount of lump sum payable under paragraph (10), the member will be treated as if he had made an election under regulation E11 to receive the maximum amount of further lump sum payable under that regulation..

Insertion of new regulations E2A, E2B and E2C

13.  After regulation E2 insert–

Ill health pension on early retirement

E2A.—(1) This regulation applies to a member who–

(a) retires from pensionable employment on or after 1st April 2008;

(b) did not submit a claim together with supporting medical evidence pursuant to regulation T1 (claims for benefits) for benefits under regulation E2 which was received by the Scottish Ministers before 1st April 2008; and

(c) is not in receipt of a pension under regulation E2.

(2) A member to whom this regulation applies who retires from pensionable employment before normal benefit age is entitled to a pension under this regulation if–

(a)(i) he has at least 2 years qualifying service; or

(ii) he qualifies for a pension under regulation E1; and

(b) his employment is terminated because of physical or mental infirmity as a result of which he is–

(i) permanently incapable of efficiently discharging the duties of that employment (the “lower tier condition”); or

(ii) permanently incapable of any regular employment of like duration (the “upper tier condition”) in addition to meeting the lower tier condition.

(3) Subject to paragraph (4), the pension to which a member is entitled–

(a) upon satisfaction of the lower tier condition (“the lower tier pension”); or

(b) upon satisfaction of the upper tier condition in addition to meeting the lower tier condition (“the upper tier pension”),

will be calculated as described in regulation E1.

(4) Subject to paragraphs (5) and (6), if the member meets the upper tier condition in addition to meeting the lower tier condition, the pensionable service on which the pension is based will be increased by two-thirds of the pensionable service the member could have completed had he stayed in pensionable employment until normal benefit age.

(5) If the member’s employment is terminated on or before 31st March 2016, the minimum amount by which his pensionable service will be increased under paragraph (4) will be the lesser of–

(a) 4 years pensionable service; and

(b) the pensionable service the member could have completed if he had stayed in pensionable employment until normal benefit age.

(6) To the extent that any increase under paragraph (4) or (5) would cause a member’s pensionable service to exceed the limit provided for in regulation C2(4) (meaning of “pensionable service”), the amount of any excess will be reduced accordingly.

(7) Subject to paragraph (8), where a member becomes entitled to a pension by virtue of meeting the upper tier condition, the Scottish Ministers may discharge their liability for that pension by the payment of a lump sum of an amount consistent–

(a) with the contracting-out requirements and preservation requirements of the 1993 Act; and

(b) the lump sum rule.

(8) A lump sum payment under paragraph (7) may be made only if the Scottish Ministers are satisfied that it is appropriate in all the circumstances having regard to the life expectancy of the member.

(9) For the purpose of paragraph (8), the Scottish Ministers may require whatever medical evidence they consider necessary.

(10) The amount of the lump sum payable under paragraph (7)–

(a) is equal to 5 times the yearly rate of the member’s pension (calculated in accordance with this regulation); and

(b) is payable in addition to the lump sum on retirement payable under regulation E7 (which is not subject to any reduction under regulation E8) and the lump sum in place of part of pension payable under regulation E11.

(11) The employment of a member to whom a pension is payable under this regulation may be pensionable under the scheme if he is under age 50–

(a) on the date the member returns to NHS employment if the member became entitled to receive a pension under a lower tier condition on the day the member retired from pensionable employment;

(b) on the day after the protection period in regulation E2C(6)(b) ends if–

(i) the member became entitled to receive a pension under an upper tier condition on the day he retired from pensionable employment; and

(ii) the Scottish Ministers did not discharge their liability for that pension by the payment of a lump sum in accordance with paragraph (7) of this regulation; or

(c) on the day after the protection period in regulation E2C(6)(b) ends if–

(i) the member became entitled to receive a pension under an upper tier condition in place of a pension under a lower tier condition on the date of the Scottish Ministers determination under regulation E2B; and

(ii) the Scottish Ministers did not discharge their liability for that pension by the payment of a lump sum in accordance with paragraph (7) of this regulation.

(12) For the purposes of calculating the amount of lump sum payable under paragraph (10), the member will be treated as if the member had made an election under regulation E11 to receive the maximum amount of a further lump sum payable under that regulation.

(13) For the purposes of determining whether a member is permanently incapable of efficiently discharging the duties of the member’s employment under paragraph (2)(b)(i), the Scottish Ministers must have regard to the factors in paragraph (15) and disregard the member’s personal preferences for or against engaging in that employment.

(14) For the purposes of determining whether a member is permanently incapable of regular employment under paragraph (2)(b)(ii), the Scottish Ministers must have regard to the factors in paragraph (16) and disregard the factors in paragraph (17).

(15) The factors to be taken into account for paragraph (13) are–

(a) whether the member has received appropriate medical treatment in respect of the incapacity;

(b) the member's–

(i) mental capacity; and

(ii) physical capacity;

(c) such type and period of rehabilitation which it would be reasonable for the member to undergo in respect of the member’s incapacity, irrespective of whether such rehabilitation is undergone; and

(d) any other matter which the Scottish Ministers consider appropriate.

(16) The factors to be taken into account for paragraph (14) are–

(a) whether the member has received appropriate medical treatment in respect of the incapacity;

(b) such reasonable employment as the member would be capable of engaging in if due regard is given to the member's–

(i) mental capacity;

(ii) physical capacity;

(iii) previous training; and

(iv) previous practical, professional and vocational experience,

irrespective of whether or not such employment is actually available to the member;

(c) such type and period of rehabilitation which it would be reasonable for the member to undergo in respect of the member’s incapacity (irrespective of whether such rehabilitation is undergone) having regard to the member's–

(i) mental capacity; and

(ii) physical capacity;

(d) such type and period of training which it would be reasonable for the member to undergo in respect of the member’s incapacity (irrespective of whether such training is undergone) having regard to the member's–

(i) mental capacity;

(ii) physical capacity;

(iii) previous training; and

(iv) previous practical, professional and vocational experience; and

(e) any other matter which the Scottish Ministers consider appropriate.

(17) The factors to be disregarded for paragraph (14) are–

(a) the member’s personal preference for or against engaging in any particular employment; and

(b) the geographical location of the member.

(18) For the purpose of this regulation–

“appropriate medical treatment” means such medical treatment as it would be normal to receive in respect of the incapacity, but does not include any treatment that the Scottish Ministers consider–

(a)

that it would be reasonable for the member to refuse;

(b)

would provide no benefit to restoring the member’s capacity for–

(i)

efficiently discharging the duties of the member’s employment under paragraph (2)(b)(i); or

(ii)

regular employment of like duration under paragraph (2)(b)(ii),

before the member reaches normal benefit age; and

(c)

that, through no fault on the part of the member, it is not possible for the member to receive before the member reaches normal benefit age;

“permanently” means the period until normal benefit age; and

“regular employment of like duration” means–

(a)

in the case of a non-GP provider, such employment as the Scottish Ministers consider would involve a similar level of engagement to the member’s current pensionable service as a non-GP provider; and

(b)

in all other cases, where prior to retiring from employment that is pensionable the member was employed–

(i)

on a whole-time basis, regular employment on a whole-time basis; or

(ii)

on a part-time basis, regular employment on a part-time basis,

having regard to the number of hours, half days and sessions the member worked in that pensionable employment.

Re-assessment of ill health condition determined under regulation E2A

E2B.—(1) This regulation applies to a member in receipt of a lower tier pension under regulation E2A.

(2) A member to whom this regulation applies may ask the Scottish Ministers to consider whether the member subsequently meets the upper tier condition if–

(a) by notice in writing at the time of award of the pension, the Scottish Ministers informed the member that the member’s case may be considered once within a period of three years commencing with the date of that award to determine whether the member satisfies the upper tier condition at the date of such a consideration;

(b) within that three year period the member provides further medical evidence to the Scottish Ministers relating to the satisfaction of the upper tier condition at the date of Scottish Minister’s consideration; and

(c) that further medical evidence relates to the same physical or mental infirmity that qualified the member for the member’s lower tier pension.

(3) If, after considering the further medical evidence provided by a member the Scottish Ministers determine that the member satisfies the upper tier condition–

(a) the Scottish Ministers must pay from the date of that determination an upper tier pension under regulation E2A(2) in place of the lower tier pension being paid to that member; and

(b) that pension is calculated in accordance with regulation E2A(4) as if that paragraph included the words “from the date of the Scottish Ministers determination under regulation E2B” after “employment”.

(4) Only one consideration of a member’s case may be undertaken under this regulation.

Further employment after a benefit is paid under regulation E2A

E2C.—(1) This regulation applies to a member who–

(a) is in receipt of an upper tier pension under regulation E2A (“the original pension”); and

(b) enters into further employment.

(2) Such a member shall be paid a lower tier pension (“a substitute pension”) in place of the original pension–

(a) from the next substitute pension payment date following the day on which the member’s annual earnings from further employment (whether NHS employment or otherwise) in any tax year exceed the lower earnings limit for national insurance contributions applicable to that year; or

(b) in the case of a member who enters into further NHS employment, from the next substitute pension payment date following the first day on which he is so employed which falls after the anniversary of his entry into the further NHS employment (whether or not that day is part of a continuous period of further NHS employment beginning with his entry into that employment), if sooner.

(3) A member who is in receipt of a substitute pension may ask the Scottish Ministers to consider reinstating the original pension if–

(a) the member is under normal benefit age;

(b) the member makes such a request in writing and provides supporting medical evidence to the Scottish Ministers before the end of the protection period; and

(c) the member’s further employment is terminated before the end of the protection period.

(4) If, after considering that evidence the Scottish Ministers determine that the member again satisfies an upper tier condition in respect of his earlier employment, the Scottish Ministers must recommence paying, from the day after the date that the further employment is terminated, the original pension in place of the substitute pension.

(5) A member to whom this regulation applies who is in receipt of an upper tier pension must–

(a) notify the Scottish Ministers immediately and in writing if either of the following apply–

(i) the member’s annual earnings in any tax year exceed the lower earnings limit for national insurance contributions applicable to that year; or

(ii) the member is engaged in further NHS employment after the end of the protection period in paragraph (6)(b); and

(b) provide any other information in connection with the member’s earnings or further employment requested by the scheme administrator or any other person that the Scottish Ministers may specify.

(6) In this regulation “the protection period” means–

(a) a period of one year beginning with the day on which the member’s annual earnings from further employment that is not NHS employment first exceed the lower earnings limit for national insurance contributions applicable to that year; or

(b) a period of one year beginning with the first day the member enters into further NHS employment..

Amendment of regulation E3

14.  After regulation E3(1)(a)(ii) (early retirement pension (redundancy etc.)) insert–

(iia) returns to pensionable employment on or after that date that attracts a pension in accordance with regulation E2(11) or E2A(11);.

Omission of regulation E4

15.  Regulation E4 (early retirement pension (employer’s consent)) is omitted.

Amendment of regulation E6

16.—(1) Regulation E6 (preserved pension) is amended as follows.

(2) In paragraph (2)(b) after “E1” insert “as if it were a pension under that regulation”.

(3) In paragraph (3)(b) after “regular employment” insert “of like duration”.

(4) For paragraph (4) substitute–

(4) Except in a case to which paragraph (4A) applies–

(a) if the member is in NHS employment at the relevant time (whether with the same or another employing authority), the pension and lump sum on retirement will not become payable until the member leaves NHS employment or, if sooner–

(i) when he attains the age of 70, if he attains that age on or before 31st March 2008; or

(ii) when he attains the age of 75, if he attains the age of 70 on or after 1st April 2008; and

(b) the relevant time–

(i) in the case of a member to whom paragraph (3)(d) applies, is when he makes the application referred to in head (iii) of that sub paragraph; or

(ii) in any other case, when he attains the age of 60..

(5) After paragraph (8) insert–

(9) For the purposes of determining whether a member is permanently incapable of efficiently discharging the duties of the member’s employment under paragraph (3)(a), the Scottish Ministers must have regard to the factors in paragraph (11) and disregard the member’s personal preferences for or against engaging in that employment.

(10) For the purposes of determining whether a member is permanently incapable of regular employment under paragraph (3)(b), the Scottish Ministers must have regard to the factors in paragraph (12) (no one of which is decisive) and disregard the factors in paragraph (13).

(11) The factors to be taken into account for paragraph (9) are–

(a) whether the member has received appropriate medical treatment in respect of the incapacity;

(b) the member's–

(i) mental capacity; and

(ii) physical capacity;

(c) such type and period of rehabilitation which it would be reasonable for the member to undergo in respect of the member’s incapacity, irrespective of whether such rehabilitation is undergone; and

(d) any other matter which the Scottish Ministers considers appropriate.

(12) The factors to be taken into account for paragraph (10) are–

(a) whether the member has received appropriate medical treatment in respect of the incapacity; and

(b) such reasonable employment as the member would be capable of engaging in if due regard is given to the member's–

(i) mental capacity;

(ii) physical capacity;

(iii) previous training; and

(iv) previous practical, professional and vocational experience,

irrespective of whether or not such employment is actually available to the member;

(c) such type and period of rehabilitation which it would be reasonable for the member to undergo in respect of the member’s incapacity (irrespective of whether such rehabilitation is undergone) having regard to the member's–

(i) mental capacity; and

(ii) physical capacity;

(d) such type and period of training which it would be reasonable for the member to undergo in respect of the member’s incapacity (irrespective of whether such training is undergone) having regard to the member's–

(i) mental capacity;

(ii) physical capacity;

(iii) previous training; and

(iv) previous practical, professional and vocational experience; and

(e) any other matter which the Scottish Ministers considers appropriate.

(13) The factors to be disregarded for paragraph (10) are–

(a) the member’s personal preference for or against engaging in any particular employment; and

(b) the geographical location of the member.

(14) For the purpose of this regulation–

“appropriate medical treatment” means such medical treatment as it would be normal to receive in respect of the incapacity, but does not include any treatment that the Scottish Ministers consider–

(a)

would be reasonable for the member to refuse;

(b)

would provide no benefit to restoring the member’s capacity for–

(i)

efficiently discharging the duties of the member’s employment under paragraph (3)(a); or

(ii)

regular employment of like duration under paragraph (3)(b),

before the member reaches normal benefit age; and

(c)

that, through no fault on the part of the member, it is not possible for the member to receive before the member reaches normal benefit age;

“permanently” means the period until normal benefit age; and

“regular employment of like duration” means–

(a)

in the case of a member who was a non-GP provider, such employment as the Scottish Ministers consider would involve a similar level of engagement to the member’s pensionable service as a non-GP provider immediately before that service ceased; and

(b)

in all other cases, where prior to leaving pensionable employment the member was employed–

(i)

on a whole-time basis, regular employment on a whole-time basis; or

(ii)

on a part-time basis, regular employment on a part-time basis,

having regard to the number of hours, half days and sessions the member worked in that pensionable employment..

Amendment of regulation E9

17.  For regulation E9(3) (early leavers' entitlement to refund of contributions) substitute–

(3) If the member’s employment was contracted-out by reference to the scheme, the member (and the member’s spouse or civil partner, if any) will remain entitled to a guaranteed minimum pension and section 9(2B) rights under the scheme, unless the Scottish Ministers discharge their liability in respect of that entitlement by paying a contributions equivalent premium under section 55(2) (payment of state scheme premiums on termination of certified status) of the 1993 Act(11)..

Insertion of new regulation E11

18.  After regulation E10 (payment of interest with refund of contributions) insert–

General option to exchange part of pension for lump sum

E11.—(1) This regulation applies to a member who is in pensionable employment on or after 1st April 2008.

(2) A member may opt to exchange part of a pension to which the member would otherwise be entitled for a lump sum, which must be an evenly divisible multiple of £12.

(3) If a member so opts, for every £1 by which the member’s annual pension is reduced, the member is to be paid a lump sum of £12.

(4) An option under paragraph (2) must relate to an annual amount of pension that is a whole number of pounds (and accordingly the lump sum will be exactly divisible by 12).

(5) In paragraph (4) “annual amount” in relation to a pension means the amount of the annual pension to which the member would be entitled under these regulations apart from the option, together with any increases payable under the Pensions (Increase) Act 1971(12), calculated as at the time the payment would be first due.

(6) A member may not exchange pension for a lump sum under this regulation to the extent that it would result in a scheme chargeable payment for the purposes of Part 4 of the 2004 Act (13).

(7) If the member has a guaranteed minimum under section 14 of the 1993 Act in relation to the whole or part of a pension, paragraph (2) only applies to so much of the pension as exceeds that guaranteed minimum, multiplied by such factor as is indicated for a person of the member’s description in tables provided by the scheme actuary.

(8) The option under this regulation may only be exercised by giving notice in writing to the scheme administrator in the form required by the Scottish Ministers–

(a) at the time of claiming the pension; or

(b) before a later time specified in writing by the scheme administrator..

Amendment of regulation F1

19.—(1) Regulation F1 (lump sum when member dies in pensionable employment) is amended as follows.

(2) In paragraph (1) for “70” substitute “75”.

(3) In paragraph (1A)(c) after “pay contributions” insert “from a date before 1st April 2008”.

(4) After paragraph (1A) insert–

(1B) A lump sum on death shall be payable in accordance with regulation F5 where, on the day the member died, the member is–

(a) under the age of–

(i) 75 if not a special class officer; or

(ii) 70 if a special class officer;

(b) in NHS employment;

(c) no longer required to pay contributions on or after 1st April 2008 pursuant to regulation D1(3) or (4) (contributions by members); and

(d) except where regulations E2(11) (early retirement pension (ill health)), E2A(11) (ill health pension on early retirement) or R4(4) (members doing more than one job) apply, not in receipt of a pension under any of regulations E1 to E5..

Amendment of regulation F2

20.—(1) Regulation F2 (lump sum when member dies after pension becomes payable) is amended as follows.

(2) In paragraph (2) for the words “the member’s retirement lump sum” to the end substitute–

  • the aggregate of–

    (a)

    the member’s retirement lump sum paid under regulation E7 (lump sum on retirement); and

    (b)

    any lump sum paid to the member under regulation E11 (general option to exchange part of pension for lump sum)..

(3) After paragraph (5) insert–

(6) If a member who was in receipt of a substitute pension under regulation E2C (further employment after a benefit is paid under regulation E2A) dies before the end of the protection period that applies to him under regulation E2C(6)(a) or (b), the member’s pension referred to in paragraph (2) means that member’s original upper tier pension..

Replacement of regulation F5

21.  For regulation F5 (payment of lump sum) substitute–

Payment of lump sum

F5.—(1) A lump sum payable under any of regulations F1 to F4 shall be paid in accordance with the following paragraphs.

(2) If a member dies without leaving a surviving partner and without having made a nomination in favour of another person, the lump sum shall be paid to the member’s personal representatives.

(3) If a member dies leaving a surviving partner and without having made a nomination in favour of another person, the lump sum shall be paid to that surviving partner unless–

(a) the member has given notice to the Scottish Ministers that the surviving partner is not to receive the payment and has not revoked that notice;

(b) the surviving partner has been convicted of an offence specified in regulation T6(1A) (loss of rights to benefits) and the Scottish Ministers have directed, as a consequence of that conviction, that the surviving partner’s right to payment in respect of the member’s death is forfeited; or

(c) payment to the surviving partner is not, in the opinion of the Scottish Ministers, reasonably practicable,

in which case the lump sum shall be paid to the member’s personal representatives.

(4) If a member dies having made a nomination in favour of one person (whether or not he also leaves a surviving partner), the lump sum shall be paid to that nominee unless–

(a) the member has given notice to the Scottish Ministers revoking that nomination;

(b) the nominee has died before the payment could be made;

(c) the nominee has been convicted of an offence specified in regulation T6(1A) and the Scottish Ministers have directed, as a consequence of that conviction, that his right to payment in respect of the member’s death is forfeited; or

(d) payment to the nominee is not, in the opinion of the Scottish Ministers, reasonably practicable,

in which case the lump sum shall be paid to the member’s personal representatives.

(5) If a member dies having made a nomination in favour of two or more persons (whether or not he also leaves a surviving partner) and has not given notice to the Scottish Ministers revoking that notice, the lump sum shall be paid to those nominees, unless–

(a) one or more of those nominees has–

(i) died before the payment could be made; or

(ii) been convicted of an offence specified in regulation T6(1A) and the Scottish Ministers have directed, as a consequence of that conviction, that his or their right to payment in respect of the member’s death is forfeited; or

(b) the Scottish Ministers are of the opinion that payment to one or more of the nominees is not reasonably practicable,

in which case the percentage of the lump sum due to that nominee, or as the case may be, those nominees shall be paid to the member’s personal representatives.

(6) A nomination may only be made by a member–

(a) who is in pensionable employment in the scheme at the time of making the nomination; or

(b) whose pensionable employment in the scheme ceased on, or after, 1st April 2008.

(7) A nomination must specify one or more persons who may be–

(a) an individual;

(b) a body corporate;

(c) an unincorporated body; or

(d) the member’s personal representatives,

but is not entitled to specify one or more persons referred to in sub-paragraph (a) together with a body referred to in either of sub-paragraphs (b) or (c).

(8) A nomination or notice referred to in this regulation is only valid–

(a) if addressed to the Scottish Ministers;

(b) upon receipt by the Scottish Ministers;

(c) if made (or revoked) in writing; and

(d) if it nominates the whole of the lump sum to a nominee and, in the case of a nomination specifying more than one person, if it also specifies the percentage of the lump sum to be paid to each such individual.

(9) A member who has any pensionable employment in the scheme on or after 1st April 2008 cannot give a notice referred to in paragraph (3)(a).

(10) If the lump sum on death does not exceed the specified amount, the Scottish Ministers may pay it to any person claiming to be the member’s personal representative or to be entitled to a share of it, without requiring proof of the title of the person concerned.

(11) In paragraph (10), “the specified amount” means £5,000 or any higher amount specified in an order made under section 6(1) of the Administration of Estates (Small Payments) Act 1965(14) as the amount to be treated as substituted for references to £500 in section 1 of that Act.

(12) In this regulation “surviving partner” means a–

(a) widow;

(b) widower;

(c) civil partner; or

(d) nominated partner,

who survives the member..

(11)

Section 55 was amended by S.I. 2005/2050, Schedule 1, paragraph 16. Back [11]

(12)

1971 c. 56. Back [12]

(13)

See in particular section 241 of and paragraph 1 of Schedule 29 to that Act. Back [13]

(14)

1965 c. 32. Back [14]