The National Health Service Pension Scheme (Scotland) Regulations 2015

CHAPTER 2 Refund: short service

Eligibility for refund

39.—(1) Contributions made by a member (M) may be repaid to M only if—

(a) the 1993 Act condition applies; or

(b) the short service condition applies.

(2) The “1993 Act condition” is that—

(a) Chapter 5 of Part 4 of the 1993 Act applies to M; and

(b) the repayment is made in accordance with that Chapter.

(3) The short service condition applies if—

(a) M has not attained normal pension age;

(b) M does not qualify for benefits under regulation 71;

(c) M is not a pensioner member;

(d) M ceases to be an active member;

(e) the 1993 Act condition does not apply to M; and

(f) M makes a claim in writing to the scheme manager for the repayment.

Amount of refund

40.—(1) The amount of a repayment to a member (M) pursuant to regulation 39 is—

(a) if the 1993 Act condition applies, the amount which M is entitled to be paid pursuant to Chapter 5 of Part 4 of that Act, less the appropriate deductions;

(b) if the short service condition applies, an amount equal to the sum of the contributions paid by M, less the appropriate deductions.

(2) The appropriate deductions are—

(a) so much of the contributions equivalent premium paid in respect of M as is permitted pursuant to section 61 of the 1993 Act; and

(b) an amount equal to the income tax payable under section 205 of the 2004 Act (short service lump sum charge) as a result of the repayment.

(3) M is entitled to interest on the amount of the repayment unless M’s pensionable service ceases because M’s employment is terminated—

(a) pursuant to M’s contract of employment;

(b) at M’s request; or

(c) by reason of misconduct or inefficiency.

(4) The rate of interest is 2.5% per year calculated on a compound basis with yearly rests.

(5) Interest is payable in respect of the period starting on 1st April following the day when M started to pay contributions and ending on the day M leaves pensionable service.

(6) Paragraphs (4) and (5) do not apply if—

(a) regulation 39(1)(a) applies; and

(b) M is entitled to a greater amount of interest under Chapter 5 of Part 4 of the 1993 Act.

(7) So far as contributions paid by M were paid under another scheme and were included in a transfer payment to this scheme—

(a) interest for the period before the transfer period was made is calculated in accordance with the other scheme (subject to any enactment applicable to the transfer); and

(b) paragraphs (4) and (5) do not apply as respects that period.

Effect of refund

41.—(1) If a repayment of contributions is made pursuant to regulation 39, the rights of the member (M) under this scheme are extinguished unless—

(a) M or M’s spouse or civil partner is entitled to a guaranteed minimum pension under the scheme; and

(b) no contributions equivalent payment has been paid.

(2) Paragraph (1) does not apply if—

(a) M again becomes a member of this scheme; and

(b) before the end of the period of 6 months starting on the date M again becomes a member, M repays to the scheme manager the contributions together with any interest paid in respect of them.