The Local Government Pension Scheme (Governance) (Scotland) Regulations 2015

Pension Board and Pension Committee differences

9.—(1) If, in carrying out their duties under regulation 5, at least half of the members of a Pension Board disagree with a decision of the relevant Pension Committee, the Board may request the Pension Committee in writing to review that decision.

(2) The grounds of review referred to in paragraph (1) are that—

(a) there is evidence or data on which the Pension Committee relied when making their decision which is considered to be unreliable or there is new evidence or data which the Pension Committee did not access or was not aware of at the point of making the decision which is considered material to the decision taken;

(b) the decision of the Pension Committee is arguably beyond the powers of the 2014 Regulations or otherwise unlawful;

(c) the decision of the Pension Committee is contrary to a relevant Code of Practice published by the Pensions Regulator; or

(d) the decision is not in the interest of the continued financial viability of the Scheme or the relevant fund or is against the principles of proper and responsible administration of the Scheme or relevant fund.

(3) If there remains disagreement after the Pension Committee has reviewed its decision, then the difference in view between the Pension Committee and the Pension Board is to be published in the form of a joint secretarial report on the website for the relevant fund and included in the annual report referred to in regulation 55 of the 2014 Regulations.

(4) Where paragraph (3) applies, the Scheme Advisory Board may (either on its own initiative or at the request of one of the disagreeing parties) consider the relevant decision, take a view on the matter and, if considered appropriate, provide advice to the scheme manager or the Pension Board in relation to the matter.