The National Health Service Pension Scheme (Scotland) Regulations 2015

Application of regulations 83 to 87: concurrent employments

88.—(1) This regulation applies if a person (M) is an active member in two or more employments held concurrently on the election day.

(2) Regulations 83 to 87 apply in relation to each of the employments as if it were the only employment held by M on that day, subject to the following modifications.

(3) In regulation 83—

(a) for paragraph (2)(a) substitute—

“(a) where M is neither a practitioner nor a non-GP provider, if the sum of the annual rate of M’s pensionable earnings in that employment and every other employment held by M on the election day is reduced to 90% or less of the sum of—

(i) M’s pensionable earnings in the employment during the period of 12 months ending with the election day; and

(ii) M’s pensionable pay during that period in every other employment held by M on that day.”; and

(b) in paragraph (8), after “paragraph (2)(a)” insert “in respect of any of the employments held by M”.

(4) In regulation 85, for paragraph (2)(a) substitute—

“(a) where M is neither a practitioner nor a non-GP provider, the annual rate of M’s pensionable earnings in the employment is increased to more than 90% of the sum of—

(i) M’s pensionable earnings in the employment during the period of 12 months ending with the election day; and

(ii) M’s pensionable earnings during that period in every other employment held by M on that day.”.

(5) In the case of a practitioner or non-GP provider, a reference to M’s employment is a reference to M’s pensionable service as a practitioner together with any concurrent NHS employment, and “terms of employment” must be construed accordingly.