Consultation procedures for any proposed changes to the NHS Scotland pension schemes

Before making any changes to the regulations of any of the NHS Scotland pension schemes, Scottish Ministers are required by law to formally consult the people (or their representatives) who are likely to be affected by the changes.

Details of recent consultations and a list of the organisations Scottish Ministers would expect to consult are shown below.

2019

There are currently no NHS consultations for 2019

2018

Consultation on changes to the NHS Superannuation Scheme (Scotland)(Miscellaneous Amendments)(no.2) 2017 - Amendment Regulations 2018 The regulations correct minor errors in SSI 2017/434
 

This consultation has ended
Consultation on changes proposed by The NHS Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2019

The purpose of this letter is to seek the views of NHS stakeholders on draft amendments to the:
 
  • The NHS Superannuation Scheme (Scotland) Regulations 2011 

  • The NHS Superannuation Scheme (2008 Scheme) (Scotland) Regulations 2013 

  • The NHS Pension Scheme (Scotland) Regulations 2015

  • The NHS Pension Scheme (Scotland) (Additional Voluntary Contributions) Regulations 2018
 


This consultation has ended

2017

Consultation on NHS AVC Regulations

The National Health Service Pension Scheme (Scotland) Additional Voluntary Contributions) Regulations 2018

We are currently consulting on the above regulations which consolidate "The National Health Service Superannuation Scheme (Scotland) AVC Regulations 1998 (SI 1998/1451)" and all amending instruments. The regulations do not include any new policy and make technical changes only when required to tidy up the document as a result of changes made by the amending instruments. The consultation period will run from Friday 24th of November 2017 until Friday 19 of January 2018. If you wish to respond to this consultation you can do so online using the form below or by responding to the address in the covering letter. 

This consultation has now closed
 

 

Consultation on changes to the NHS Pension Scheme Scotland Regulations
 
  1. The NHS (Superannuation Scheme) (Scotland) (Miscellaneous Amendment) Regulations 2018

    This instrument will amend the National Health Service (Scotland) Superannuation Regulations 2011 (the 1995 section) and the National Health Service (Scotland) Pension regulations 2008 (the 2008 section).

  2. The NHS Pension Scheme (Scotland) (Miscellaneous Amendment) Regulations 2018.

    This instrument will amend the National Health Service Pension Scheme (Scotland) Regulations 2015 (the 2015 scheme) and the NHS Pension Scheme (Transitional and Consequential Provisions) Scotland Regulations (The transitional regulations).
The main change is the insertion of an updated employee contribution table for 2018 -2019  at the appropriate place in the 1995 and 2008 sections and 2015 scheme regulations. The table updates the pay bands on which the employee contribution percentages are set for 2018-2019.

Details of other proposed changes to the scheme regulations are listed in appendix A to the consultation letter.

This consultation has now closed

2016

Consultation on changes to the NHS Pension Scheme Scotland Regulations
 
  1. The NHS (Superannuation Scheme) Injury Benefits and AVCs (Scotland) Amendment Regulations 2016

    This SSI will amend the National Health Service (Scotland) Superannuation Regulations 2011 (the 1995 section), the National Health Service (Scotland) Pension regulations 2008 (the 2008 section),  the National Health Service (Scotland) (Injury Benefits) Regulations 1998 and National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions ) Regulations 1998.

  2. The NHS Pension Scheme (Scotland) (Miscellaneous Amendment) Regulations 2016.

    This SSI will amend the National Health Service Pension Scheme(Scotland) Regulations 2015 (the 2015 scheme) and the NHS Pension Scheme (Transitional and Consequential Provisions) Scotland Regulations (The transitional regulations).
Summary of the main Changes

Amendments to the regulations include:
 
  1. Insertion of an updated employee contribution table at the appropriate place in the 1995 and 2008 sections and 2015 scheme regulations.  The table updates the pay bands only to reflect the pay award from 1 April 2016.

  2. Technical amendments as a consequence of the abolition of "contracting out".

  3. Miscellaneous amendments  updating references to the Pension Schemes Act 1993 and removing obsolete references to "safeguarded rights" and "safe guarded percentages".

  4. Amendments to reflect shared parental leave.

  5. An amendment to the Injury benefit  Regulations so that a person in receipt of permanent injury benefit payments under the IB regulations and who was in receipt of certain social security benefits  and which were replaced by the social security benefit known as "employment support allowance", is not detrimentally affected by that replacement where the amount of employment and support allowance is greater than the amount of replaced social security benefits he was receiving.

  6. An amendment to the AVC Regulations to enable a member's money purchase additional voluntary contribution pension pot to be taken as a lifetime allowance excess lump sum.

  7. Amendments to the Transitional and Consequential Provisions Regulations  inserting a new regulation to deal with the effect of recommencing pensionable service following a break in employment and it's effect on the calculation of , where appropriate, an ill health pension or death in service benefit.

A number of other technical amendments.

This consultation has now closed.
 

2015

Consultation on changes to the NHS Pension Scheme Scotland Regulations

The attached draft statutory instruments  amend the National Health Service (Scotland) Superannuation Regulations 2011 (the 1995 section), the National Health Service (Scotland) Pension Regulations 2008 (the 2008 section) and the National Health Service Pension Scheme(Scotland) Regulations 2015 (the 2015 scheme). The proposed amendments reflect the NHS Scotland 1st April 2015 pay uplift in the employee contribution earnings tiers and correct a number of minor errors in previous drafting.

This consultation has now closed.

2014

Addendum to consultation on 2015 Pension reform Regulations – Employee contribution rates 2015-2016

The link below gives information on the proposed employee contributions rates to be applied in 2015-2016 and where they should be inserted in the draft regulations currently being consulted on. Comments should be submitted with those on the NHS 2015 Pension Scheme (Scotland) Regulations below.

Please note that although the original closing date for comments was Sunday 4th January this has now been extended to Sunday 11th January. This is due to a typing error in the original contributions table where the pay bandings for tier 3 should have read £21,602 -£27,089 and tier 4 should have read £27,090 - £49,967 and this has now been amended. There has been no change to the pay bands from last year only in contribution rates to be applied.
Consultation on "The National Health Service Pension Scheme (Consequential Provisions) (Scotland)  Regulations 2015

The purpose of these regulations are to:

Implement transitional provisions to ensure that transferring members, and new members of the 2015 scheme, remain in contracted-out employment when they become members of the new scheme until contracting-out ends in April 2016;

Implement transitional provisions to prevent members of the existing scheme acquiring rights as "early leavers" under that scheme when they transfer to the new scheme.

Transferring members will be treated as if they remained active members of the old scheme until they leave pensionable service – members will essentially belong to both the old and new schemes at once; and

Make consequential modifications to the tax regime in respect of ill-health benefits to prevent the same benefits from being assessed against tax twice, and to ensure that affected members do not suffer any unexpected tax consequences.

This consultation has now concluded
NHS Pension Scheme (Scotland) (Transitional, Consequential) Regulations 2015

This is a consultation on two sets of  draft regulations. The first draft instrument covers transitional  arrangements for current staff from 1 April 2015 and the second draft instrument makes consequential amendments to the current scheme. The Miscellaneous Amendments instrument also includes amendments as a consequence of the Marriage and Civil Partner Act Scotland 2014. For more information please see covering letter and explanatory draft.

This consultation has now concluded
 
NHS 2015 Pension Scheme (Scotland) Regulations 2015

The draft regulations for the new NHS pension scheme for Scotland which will be introduced from 1st April 2015.

This Consultation has now concluded

 
The NHS Superannuation Scheme (Scotland) Amendment (No.3) Regulations 2014

The amendments update the employee contribution tables so that the pay/earnings bandings reflect the recent pay award in Scotland.  The pay/earnings bandings are aligned to AFC spine points.  The new table will be used for officer members who change or start new employments "in year" and for non GP partners and practitioners whose contributions are based on current year earnings.

This consultation has now concluded

 
Consultation on changes to the NHS Superannuation Scheme,
Injury Benefits Scheme and Additional Voluntary Contributions scheme regulations.



These changes include:
 
  • A cap to be introduced in respect of a member's final salary in the 1995 section for the purposes of calculating pension where final salary is inordinately high. Where the cap is exceeded a charge will be levied against the employer.

  • The introduction of an administrative charge and a facility  for SPPA to charge interest where employers are late in paying over scheme contributions to SPPA.

  • Changes to reflect revised HMRC rules from 6th April 2014.

  • Other minor amendments to correct previous errors or to provide clarification
This consultation has now concluded
 
Consultation on draft regulations for proposed employee increases to the NHS Superannuation Scheme (Scotland)

On 5th November in response to a Parliamentary Question the cabinet Secretary for Finance, Employment and Sustainable Growth, John Swinney, confirmed the Scottish Government's decision to implement the third annual increment of UK Government proposed employee contribution increases for the NHS scheme in Scotland. Below are a copy of draft regulations for proposed increases to employee contribution rates effective from 1st April 2014 for the NHS Superannuation Scheme in Scotland.

This consultation has now concluded

 

2013

Consultation on The NHS Superannuation and Pension Scheme (Scotland) Amendment (No.2) Regulations

These draft regulations insert amended employee contribution tables in the regulations as a result of the NHS pay award which applies for the scheme year 1st April 2013 to 31st March 2014 for all members. The changes will insert new pay/earnings thresholds only; there is no increase in the percentage of contributions payable and no change to the way the tables are used.

This consultation closed on Monday 6th May 2013
 
The National Health Service Pension Scheme (Scotland) Regulations 2013 (2008 section)

These regulations consolidate "The National Health Service Pension Scheme (Scotland) Regulations 2008 SSI 2008/224" and it's amending instruments.

The regulations do not include any new policy and make technical changes only where required to tidy up the document as a result of the changes made by the amending instruments.

This consultation closed on Sunday 14th April 2013.
Consultation on draft regulations covering miscellaneous changes to the NHS Superannuation Scheme in Scotland

Please see below links to our consultation document and draft regulations on miscellaneous changes to the NHS Superannuation Scheme (Scotland) (1995 and 2008 sections).

In brief they:
 
  • include provisions for automatic enrolment, which the Scottish Government is obliged to put in place in order to comply with UK legislation,

  • changes to administration arrangements for redundancy payments and instances where a pensioner or beneficiary fails to provide requested information,

  • amendments to reflect the removal of cost sharing and associated valuation requirements from the scheme (given the linkage between these provisions and those in counterpart England & Wales scheme which are being removed),

  • a number of other minor amendments to clarify or improve the quality of the scheme rules.
This consultation closed on Monday 25th February at 6pm.

 
Consultation on draft regulations for proposed employee contribution increases to the NHS Superannuation Scheme in Scotland

In a statement to Parliament on 28th November 2012, the Cabinet Secretary for Finance, Employment and Sustainable Growth, John Swinney, announced the Scottish Government's decision to implement the second annual increment of UK Government proposed employee contribution increases for the Teachers', NHS, Police and Firefighters' schemes in Scotland. 

Attached is a copy of the consultation on draft regulations for proposed increases to employee contribution rates effective from 1st April 2013 for the NHS Superannuation Scheme in Scotland.~

This consultation closed on 12th February 2013

 
Consultation on the NHS (Scotland) (Injury Benefits) Amendment Regulations 2013


These Regulations make technical changes to the NHS (Scotland) (Injury Benefits) Regulations 1998 to reflect the outcome of the recent UK wide review of injury benefit provisions. 

This review was carried out in partnership with Trade Unions under delegation from the Department of Health and the Scottish Government. The review partners submitted recommendations for changes to the NHS Staff Council, and respective Secretary of State / Cabinet Secretary for Health have since accepted these changes for implementation from 31st March 2013. 

For injury claims from 31st March 2013 there will be new arrangements which will be included within NHS staff Terms and Conditions.

These Regulations therefore provide protection for staff whose claim for an injury or disease which occurred on or before 30th March 2013.

They provide for a 5 year transitional period for late claims and an additional period up to 30th March 2038 where there has been late onset of a disease etc which can be related back to an incident on or before 30th March 2013.

The Regulations set out the requirement for compelling evidence and the administrative procedure for such cases.

This consultation closed on 25th January 2013
 

 

2012

Consultation on draft regulations covering miscellaneous changes to the NHS Superannuation Scheme in Scotland

Please see below links to our consultation document and draft regulations on miscellaneous changes to the NHS Superannuation Scheme (Scotland) (1995 and 2008 sections).

In brief they:
 
  • include provisions for automatic enrolment, which the Scottish Government is obliged to put in place in order to comply with UK legislation,

  • changes to administration arrangements for redundancy payments and instances where a pensioner or beneficiary fails to provide requested information,

  • amendments to reflect the removal of cost sharing and associated valuation requirements from the scheme (given the linkage between these provisions and those in counterpart England & Wales scheme which are being removed),

  • a number of other minor amendments to clarify or improve the quality of the scheme rules
This consultation closed on Monday 25th February at 6pm.

 
Consultation on draft regulations for proposed employee contribution increases to the NHS Superannuation Scheme in Scotland

In a statement to Parliament on 28th November 2012, the Cabinet Secretary for Finance, Employment and Sustainable Growth, John Swinney, announced the Scottish Government's decision to implement the second annual increment of UK Government proposed employee contribution increases for the Teachers', NHS, Police and Firefighters' schemes in Scotland. 

Attached is a copy of the consultation on draft regulations for proposed increases to employee contribution rates effective from 1st April 2013 for the NHS Superannuation Scheme in Scotland.

This consultation closed on 12th February 2013
Consultation on the NHS (Scotland) (Injury Benefits) Amendment Regulations 2013

These Regulations make technical changes to the NHS (Scotland) (Injury Benefits) Regulations 1998 to reflect the outcome of the recent UK wide review of injury benefit provisions. 

This review was carried out in partnership with Trade Unions under delegation from the Department of Health and the Scottish Government. The review partners submitted recommendations for changes to the NHS Staff Council, and respective Secretary of State / Cabinet Secretary for Health have since accepted these changes for implementation from 31st March 2013. 
 
  • For injury claims from 31st March 2013 there will be new arrangements which will be included within NHS staff Terms and Conditions.
     
  • These Regulations therefore provide protection for staff whose claim for an injury or disease which occurred on or before 30th March 2013.

  • They provide for a 5 year transitional period for late claims and an additional period up to 30th March 2038 where there has been late onset of a disease etc which can be related back to an incident on or before 30th March 2013.

  • The Regulations set out the requirement for compelling evidence and the administrative procedure for such cases.
This consultation closed on 25th January 2013
 
The National Health Service (Superannuation, Pension, Injury Benefit and AVC Schemes) (Scotland) Amendment Regulations 2012 (No.2)

These draft regulations introduce the following:
 
  • changes required as a result of the Finance Act 2011;

  • changes required as a result of the new unified public service pension scheme in the Isle of Man; and

  • other miscellaneous changes to give clarity and to correct previous errors.
This consultation closed on 10th April 2012

2011

Consultation on Employee Contribution Rate Increases – Draft Amendment Regulations

The Scottish Government recently published a consultation on proposals for potential increases in the level of contributions scheme members will be required to make to the NHS Superannuation Scheme in Scotland from 1st April 2012, which ran from 7th October 2011 to 17th November 2011.

Following that consultation the draft regulations that will provide for the increased contributions to be applied from April 2012 have now been prepared.

The linked documentation provides a copy of those draft regulations which are issued for consultation and comment.

This consultation ended on 3rd February 2012. All of the responses received were considered alongside all other available evidence and amendment regulations are now in force bringing the agreed increases in employee contribution rates into effect from 1st April 2012.

In setting the levels of employee contributions, Scottish Ministers have taken into account the need to protect the lower paid, minimising the risk of opt outs from the scheme and ensuring that the additonal burdens fall on those with the greatest ability to meet them.


Link to regulations

Link to circular informing employers of the changes
Consultations on proposed increases to employee contribution rates effective from April 2012

In his address to Parliament on 21st September on the Scottish Spending Review 2011, the Cabinet Secretary for Finance, Employment and Sustainable Growth, John Swinney, announced the Scottish Government's decision to reluctantly apply employee contribution increases for the NHS, Teachers', Police and Firefighters' schemes in Scotland.

Attached is a copy of the consultation on proposed increases to employee contribution rates effective from April 2012 for the National Health Service Superannuation Scheme in Scotland. 

2010

The National Health Service (Superannuation and Pension Scheme) (Scotland) Amendment Regulations 2010

Consultation period 7th July to 20th August 2010

These draft Regulations introduce the following changes to the pension scheme:
 
  • update the employee contributions tables within the regulations to reflect the current position and includes the contribution rate for employers.

  • amend the regulations that cover scheme valuations and actuarial reports to better reflect the roles of the Scottish Ministers, HMT, the Scheme Actuary, and representatives of employees and employing authorities in the setting of actuarial assumptions on which that report is to be based.

  • make a minor technical change to the 1995 Regulations only in respect of guaranteed minimum pensions as a consequence of the phased changes to state retirement ages for women from 6th April this year.
Consultation on The National Health Service (Superannuation Scheme, Pension Scheme and Additional Voluntary Contributions) (Scotland) Amendment (No. 2)

Consultation period 18th February to 17th March 2010

Proposed changes to the NHS regulations covering pension credit members; those who retired from the 1995 section and may wish to join the 2008 section on return to NHS employment; the interaction between actuarially reduced pensions in the 1995 Section and part payment by members for additional years of service or unreduced lump sum retiring allowances.

2009

Consultation on changes to the NHS (Scotland) Pension scheme, Injury Benefits and Additional Voluntary Contributions amendment regulations 2009 (No. 3)

Consultation from 6th July 2009 to 14th August 2009

Proposed changes to the NHS regulations cover members choice to transfer service in 1995 section to 2008 section; transitional arrangements; mandatory lump sums; GP flexibility provisions; 1995 lower tier ill health pensioners and the position of 1995 members who are on unpaid sick leave on and after 1st October 2009.
Consultation on changes to NHS (Scotland) pension scheme and Injury Benefits amendment regulations

Consultation from 5th February 2009 to 12th March 2009

Proposed changes to the NHS regulations include changes to tiered member contributions from 1st April 2009, a change in regard to re-employed ill health pensioners, the alignment of rules for pension credit members with other deferred pension members, the introduction of certificates for assistant and salaried GPS, provisions for how to treat practitioner income where certificates are not returned and some technical amendments. Changes  are  also made to the injury benefit regulations including a time limit for claims.

2008

Consultation on draft regulations “The National Health Service (Superannuation Scheme, Pension Scheme and Injury Benefits), (Scotland) Amendment Regulations 2008”

Consultation from 29th July 2008 to 9th September 2008

The main amendments are to correct minor technical errors,  insert a requirement by Treasury to seek their agreement to any changes in contribution tiers, insert definitions for ease of distinguishing which rules apply i.e. members who are part of the scheme under the 1995 regulations will be members of “the 1995 scheme” and for members who are part of the scheme under the 2008 regulations they will be members of “the 2008 pension scheme”, introduce transitional regulations to cover deferred members of the 1995 scheme who return to the NHS after a break of more than five years, to comply with tax rules for lump sum death benefits for pensioners over 75, to extend pensioning of authorised paid leave to 24 months and to change  ill health rules whereby a member who has a 3 year review period returns to NHS employment, the review period will be 1 year from the start of the new employment or the remainder of the original 3 year period if less. It also includes  one change to the Injury Benefit Regulations to take account of pension that is exchanged for lump sum.”
Consultation on regulations introducing changes to the NHS AVC and Injury Benefits Regulations as a consequence of the pension reform changes

Consultation period 22nd February 2008 to 14th March 2008

The main purpose of the enclosed draft regulations will be to reflect the introduction of the changes to the NHS Pension Scheme in Scotland resulting from the agreement on pension reforms.
Consultation on regulations to bring in NHS pension scheme reform changes from 1st April 2008 

Consultation Period 28th January 2008 to 10th March 2008

Draft regulations to bring in changes to the current NHS scheme (amendments to The National Health Service Superannuation Scheme (Scotland) Regulations 1995) and also a new set of regulations governing those who join the scheme from 1st April 2008 for the first time (The NHS Pension Scheme (Scotland) Regulations 2008) are now available for consultation.

 

2007

Ill Health Review Consultation

Launched 24th October 2007

In the consultation on the main pension reforms SPensiR indicated that a separate review of ill-health retirement and injury benefits was being carried out and that further consultation would take place.  We have come to the end of this review in relation to the ill-health element and SPensiR are seeking comments on a set of proposals which have been agreed in partnership.  The closing date for receipt of comments is 14th December 2007.

2006

Consultation on the NHS Superannuation (Scotland) Scheme and Compensation for Premature Retirement Amendment Regulations

Consultation period 15th September 2006 to 12th October 2006

The main purpose of the amending regulations is to implement in Scotland the proposed new provisions recommended jointly by NHS Employers (on behalf of the DH, Welsh Assembly and the Scottish Executive) and the NHS Trade Unions following their review of compensation arrangements in the NHS.  The review forms part of the wider review of NHS Superannuation (Scotland) Scheme provisions and also takes account of the Age Discrimination aspects of the Equal Treatment Directive.
Consultation on the National Health Service (Superannuation Scheme and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2006 Changes arising from HMRC Tax Simplification

Consultation period 16th March 2006 - 14th April 2006

These draft regulations make changes to the NHS Superannuation (Scotland) Scheme and the NHS Additional Voluntary Contributions (Scotland) Scheme.  These amendments are to ensure compliance with HM Revenue and Customs' pensions tax simplification regime which was introduced by the Finance Act 2004.

2005

Consultation on the National Health Service Superannuation Scheme (Scotland) Regulations 2006

Consultation period 21st November 2005 to 10th February 2006

These draft regulations consolidate all the changes made to the National Health Service Superannuation Scheme (Scotland) Regulations 1995 and do not introduce any new policy changes or change the present operation of any provision in the current scheme.
Civil Partners

Consultation period 10th August to 9th September 2005

A consultation paper and draft SSI of The National Health Service (Superannuation Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Civil Partnership) (Scotland) Amendment Regilations 2005 was issued on  10th August 2005 detailing proposed changes to the NHS Superannuation Scheme (Scotland) Regulations 1995, the NHS (Scotland) (Injury Benefits) Regulations 1998, the NHS (Scotland) (Additional Voluntary Contributions) Regulatios 1998 and the NHS (Compensation for Premature Retirement) (Scotland) Regulations 2003.  These amendments are necessary to implement the survivor pension provision of the Civil Partnership Act 2004.

To view the consultation documents please follow these links:

2004

This consultation is in respect of proposed amendments to the NHS Superannuation Scheme, the NHS Injury Benefit Scheme and the NHS Compensation for Premature Retirement Scheme

Consultation period ended 30th July 2004

The proposed amendments include:
 
  • Changes required as a result of the implementation of the new GMS contract;

  • The forfeiture of benefits paid on the death of a member, should the beneficiary be convicted of their unlawful killing;

  • Changes to reflect the abolition of NHS Trusts in Scotland; and

  • Other minor and consequential amendments.
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