Your guide to the NHS scheme regulations
Your NHS Scotland pension scheme is governed by a broad range of regulations that are approved by the Scottish Parliament and HM Treasury who underwrite the scheme.
Following recent reforms, the 1995 and 2008 ‘final salary’ sections of the scheme were closed to new joiners from 1 April 2015 and replaced by a career average revalued earnings (CARE) scheme at that time. In addition to the main scheme regulations we also have regulations to cover the purchase of additional voluntary contributions, injury benefits and compensation on redundancy.
Use the table below to look up the regulations and legislation that covers your scheme.
| Scheme | Regulations | Notes |
| 2015 CARE Scheme | The National Health Service Pension Schemes (Remediable Service) (Scotland) Regulations 2023 SSI 2023/246 | Following the introduction of the Public Service Pensions and Judicial Offices Act 2022, these regulations rectify the unlawful discrimination identified by the McCloud judgement for the period 1 April 2015 to 31 March 2022 |
| The National Health Service Pension Schemes (Scotland) Amendment Regulations 2022. SSI 2022/100 | This closes the legacy scheme making the 2015 scheme available to all members from 1 April 2022 | |
| The National Health Service Pension Scheme (Scotland) Regulations 2015 (SSI 2015/94) as amended by Scottish Statutory Instruments (SSIs) 2016/97 and 2017/28. The National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015 (SSI 2015/95) The National Health Service Pension Scheme (Consequential Provisions) (Scotland) Regulations 2015 (SSI 2015/145). | The 2015 Scheme and associated regulations cover NHS staff recruited from 1 April 2015 and those in 1995 and 2008 sections who do not have full or transitional protection. Makes modifications to primary legislation for those staff transferring to the 2015 scheme to reflect contracting out, accrued pensionable service and ill-health benefits. | |
| 1995 Section | The National Health Service Superannuation Scheme (Scotland) Regulations 2011 (SSI 2011/117) (as amended by SSIs 2011/173, 2011/364, 2012/69, 2012/163, 2013/109, 2013/168, 2014/43, 2014/154, 2014/293, 2015/95, 2015/96, 2015/145, 2016/98, 2017/27, 2017/434, 2018/66). | This section was closed to new members from 1 April 2008. |
| 2008 Section | The National Health Service Superannuation Scheme (2008 section) (Scotland) Regulations 2013 (SSI 2013/174) (as amended by SSIs 2014/43, 2014/154, 2015/95, 2015/96,2015/145, 2016/98, 2017/27, 2017/434, 2018/66) | This section was closed to new members form 1 April 2015 |
| Injury Benefits | The National Health Service (Scotland) (Injury Benefits) Regulations 1998, (SI 1998/1594) (as amended by SI 1999/444 and SSIs 1999/195, 2001/437 and 2004/212, 2005/445, 2005/512, 2005/544, 2005/2011, 2008/92, 2008/225, 2009/19, 2009/208, 2010/22, 2010/369, 2011/211, 2012/163, 2013/109, 2014/93, 2011/364, 2013/52, 2014/154, 2015/96, 2017/27) | Closed for new injury benefit claims for work related injuries which occur after 31 March 2013) |
| Additional Voluntary Contributions (AVC) Scheme | The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 (SI 1998/1451) (as amended by SSI 2001/465, SSI 2004/62, 2006/307, 2008/92, 2008/225, 2010/22, 2010/369, 2011/364, 2014/154, 2015/96, 2017/27, 2018/124); | Regulations provide opportunity to make additional pension savings through an AVC. Special terms are available through Standard Life. |
| Compensation Scheme | The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003 (SI 2003/344) (as amended by 2005/445, 2005/512, 2005/544, 2006/561, 2008/225, 2011/364, 2014/293 and 2015/96) | Replaced with new redundancy agreement under Terms and Conditions from 1 October 2006) |