The Local Government Pension Scheme (Scotland) Amendment Regulations 2005

Regulation 3

SCHEDULE A

Regulations	Amendment
8	After regulation 8(6) insert– “(7) Periods of membership before and after any unpaid period of maternity or adoption absence or period of parental leave in respect of which the member does not pay any contributions shall be treated as continuous.”.
16(2), 54(8)	After each occurrence of “maternity” insert “, paternity or adoption”.
16	After regulation 16(3) insert– “(3A) If a person who is a member or has applied to be a member– (a) goes on ordinary maternity leave, ordinary adoption leave or paternity leave; and (b) is not entitled to receive pay (including statutory maternity, paternity or adoption pay) payable under the Social Security Contributions and Benefits Act 1992(1) for all or any part of that period of leave, for the purpose of these Regulations that person shall be treated as if that person had paid contributions under paragraph (2) for the unpaid period of that ordinary maternity leave, ordinary adoption leave or paternity leave and on the pay that that person would have received during that period but for that person’s absence.”.
17(2)(a)	For “goes on maternity leave” substitute “is on maternity leave, other than ordinary maternity leave”.
17(2)(b)	After each occurrence of “maternity” insert “or adoption”.
20	After regulation 20(6) insert– “(6A) For the purposes of this Chapter, a member’s pay for any period of maternity, paternity or adoption absence during the final pay period in respect of which that member pays or is treated as paying contributions is the pay that member would have received had that member not been absent;”
78	After regulation 78(5) insert– “(6) Where an employee– (a) is treated, under regulation 16(3A), as if that employee had paid contributions; or (b) has paid contributions during a period of maternity, paternity or adoption absence; the pay on which the common percentage is calculated is the pay the employee would have received if that employee had not been absent.”
Schedule 1	(a) After the definition of “official pension” insert– ““ordinary adoption leave” means leave under section 75A of the Employment Rights Act 1996(2); “ordinary maternity leave” means maternity leave under Part VIII of the Employment Rights Act 1996;”; (b) After the definition of “passenger transport executive” insert ““paternity leave” means leave under regulations 4 or 8 of the Paternity and Adoption Leave Regulations 2002(3);”; and (c) For the definition of “period of maternity absence” substitute ““period of maternity, paternity or adoption absence” means any period throughout which a member is absent from duty because that member is exercising the right to take maternity, paternity or adoption leave in accordance with sections 71, 73, 75A or 75B of the Employment Rights Act 1996 or regulations 4 or 8 of the Paternity and Adoption Leave Regulations 2002;”.

Regulation 46

SCHEDULE B

Regulation 4A(8)

“SCHEDULE 2A MATTERS TO BE INCLUDED IN AN ADMISSION AGREEMENT IN CERTAIN CASES

1.   A requirement for the transferee admission body to pay to the administering authority all contributions and payments due under the Regulations.

2.   If required by regulation 4A(6), a reference to the indemnity or bond in accordance with regulation 4A(7) and a warranty from the transferee admission body that such an indemnity or bond is in place.

3.   A provision requiring the transferee admission body to adopt the practices and procedures relating to the operation of the Scheme set out in the Regulations and in any employer’s guide published by the administering authority and provided to the transferee admission body.

4.   An undertaking from the transferee admission body to the administering authority that it will not do anything to prejudice the status of the Scheme as an exempt approved scheme within the meaning given by section 592(1) of the Taxes Act 1988(4) (exempt approved schemes).

5.   A representation and warranty from the transferee admission body to the administering authority that all the transferee admission body’s employees or class of employees who are specified as members are employed in connection with the provision of the service or assets being carried out by the transferee admission body as a result of those matters referred to in 4A(2).

6.   An undertaking from the transferee admission body that it will promptly notify the administering authority in writing of any material change in the terms and conditions of employment which affect entitlement to benefits under the Scheme for its employees who are members and of any terminations of employment by virtue of redundancy or in the interests of efficiency.

7.   A requirement that the transferee admission body notifies the administering authority of each occasion on which it exercises a discretion under the Regulations and the manner in which it exercises that discretion.

8.   A requirement that the transferee admission body notifies the administering authority of any matter which may affect, or is likely to affect, its participation in the Scheme and that it gives immediate notice of any actual or proposed change in its status which may give rise to a termination, including take over, reconstruction or amalgamation, liquidation or receivership and a change in the nature of its business or constitution.

9.   A minimum period of three months' notice to terminate the admission agreement but automatic termination, as required by regulation 4B(2), in the event that the transferee admission body ceases to be such.

10.   A right for the administering authority to terminate the agreement in the event of–

(a) the insolvency, winding up or liquidation of the transferee admission body;

(b) a breach by the transferee admission body of any of its obligations under the admission agreement (but where the breach is capable of remedy only where it has not been remedied within a reasonable time);

(c) the withdrawal of approval by the Commissioners of Inland Revenue to the participation of the transferee admission body as a Scheme employer; or

(d) a failure by the transferee admission body to pay any sums due to the fund within a reasonable period after receipt of a notice from the administering authority requiring it to do so.

11.   A requirement that the admission agreement in its final form shall be available for public inspection at the appropriate offices of the administering authority.

12.   In relation to a transferee admission body under regulation 4A(2)(a)–

(a) a reference to the date of the contract, other arrangement or direction by which the body met the requirements of that regulation;

(b) a provision whereby the Scheme employer may set off against any payments due to the transferee admission body an amount equal to any overdue employer and employee contributions and other payments (and interest payable under the Regulations) due from the transferee admission body as an employing authority;

(c) a provision requiring the Scheme employer to keep under assessment the level of risk arising as a result of the matters set out in regulation 4A(6);

(d) a provision that where a representation or notification must be given to an administering authority under paragraphs (5), (6), (7) and (8) of this Schedule, that representation or notification is also given to the Scheme employer; and

(e) a requirement that the admission agreement in its final form shall be available for public inspection at the appropriate offices of the Scheme employer, if different from the administering authority.”.

(1)

1992 c. 4.

(2)

1996 c. 18, as inserted by the Employment Act 2002, c. 22.

(3)

S.I. 2002/2788.

(4)

1988 c. 1.