The Local Government Superannuation (Scotland) Regulations 1987

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Relation A2(1)

SCHEDULE 1GLOSSARY OF EXPRESSIONS

(1)	(2)
Expression	Meaning
“The Act of 1922”	The Local Government and other Officers' Superannuation Act 1922(1).
“The Act of 1937”	The Local Government Superannuation (Scotland) Act 1937(2).
“The Act of 1953”	The Local Government Superannuation Act 1953(3).
“The Acts of 1937 to 1953”	The Local Government Superannuation (Scotland) Acts 1937 to 1953(4).
“The Act of 1972”	The Superannuation Act 1972(5).
“Actuary”	A Fellow of the Institute of Actuaries or of the Faculty of Actuaries in Scotland.
“Added period payment”	A payment made for the purposes of regulation C5 or C6, regulation D10 of the 1974 Regulations, or section 2(1) of the Act of 1953 or any similar provision contained in a local Act scheme.
“Added years”	An additional period which a person has become entitled to reckon as reckonable service by virtue of— (a) regulation D10 of the 1974 Regulations, or (b) regulation D6(2), or (c) regulation 12 of the Benefits Regulations, or (d) regulation 5 of the Local Government Superannuation (Reckoning of Service on Transfer) (Scotland) Regulations 1954(6), or (e) regulation 4(2)(b) of the Local Government Superannuation (England and Scotland) Regulations 1948 to 1954(7), or (f) any similar provision of a local Act scheme.
“Additional contributory payment”	A payment made under— (a) regulation D6 or D7 of the 1974 Regulations, or (b) regulation C9(2), or (c) section 2(3) of the Act of 1953 as originally enacted or as having effect as mentioned in regulation A2(2)(c), or (d) the Act of 1937 as originally enacted, the Act of 1922 or a local Act scheme, as a condition of being entitled to reckon any service either as service generally or as service of a particular character, or (e) proviso (11) to section 8(2)(b) of the Act of 1937.
“Administering authority”	A body required to maintain a superannuation fund under these Regulations.
“Admission agreement”	An agreement made or continued in force as if made under regulation B6.
“Appropriate administering”	In relation to a pensionable employee
“authority”	and to the employing authority means the body maintaining the superannuation fund which is, in relation to him and to the appropriate superannuation fund.
“Appropriate superannuation fund”	Shall be construed in accordance with regulation C1.
“Approved non-local government employment”	Employment in which a person participates in an approved non-local government scheme.
“Approved non-local government scheme”	A non-local government scheme— (a) the fund of which is wholly approved under section 208 of the Income and Corporation Taxes Act 1970(8), or (b) which is approved under section 222 of that Act or under Chapter II of Part II of the Finance Act 1970(9), or (c) which is approved by the Commissioners of Inland Revenue for the purposes of these Regulations.
“Base rate”	The highest base rate for lending purposes fixed by the Governors and Company of the Bank of Scotland, Clydesdale Bank plc and The Royal Bank of Scotland plc.
“The Benefits Regulations”	The Local Government Superannuation (Benefits) (Scotland) Regulations 1954 and 1955(10).
“Child”	A person who— (a) has not attained the age of 17 years, or (b) has attained the age of 17 years and has since been receiving full-time education or undergoing a full-time course of training, of not less than 2 years' duration, for a trade, profession or calling, either— (i) continuously, or (ii) except during a period which the appropriate administering authority, being satisfied that his education or training ought not to be regarded as completed, have in their discretion decided to disregard, or (c) has attained the age of 17 years and is incapacitated by reason of ill-health or infirmity of mind or body which arose either before he attained that age or while receiving such full-time education or training.
“Contracted-out employment”	Shall be construed in accordance with section 30 of the Pensions Act.
“Contributory employee”	A person who was entitled to participate in the benefits of a superannuation fund maintained under Part I of the Act of 1937.
“Death gratuity”	A death gratuity payable under regulation E11.
“Disqualifying break of service”	A continuous period of 12 months or longer during no part of which was the person concerned a pensionable employee, contributory employee or local Act contributor or subject to the Act of 1922.
“Eligible child”	A child in relation to a person who has died after becoming entitled to a retirement pension is an eligible child if he is— (a) (i) a child of that person born within 12 months of the date on which he became entitled to that pension, or (ii) wholly or mainly dependent upon that person both before he became entitled to that pension and at the time of his death, (b) a child adopted by the person before he became entitled to the retirement pension, or (c) a child wholly or mainly dependent on the person both before he became entitled to the retirement pension and at the time of his death who is— (i) the person’s step child, or (ii) an adopted child of a woman who married the person before he became entitled to the retirement pension, or (iii) a child accepted by the person as a member of the family. A child in relation to a person who has died in an employment in which he was a pensionable employee is an eligible child if he is— (a) the person’s child born before the expiration of 12 months from the date of the person’s death or an adopted child of that person, or (b) a child wholly or mainly dependent on the person at the time of his death who is— (i) the person’s step-child, or (ii) an adopted child of a woman who has been married to the person, or (iii) a child accepted by the person as a member of the family.
“Employee”	An employee whether permanent or temporary, other than a person appointed to a post in a temporary capacity for a period of not more than 3 months or whose employment is of a casual nature.
“Employer’s contribution”	A sum payable under regulation P12(1).
“Employing authority”	The body employing a pensionable employee.
“Employment”	Shall be construed as including office.
“Enactment”	Shall be construed as including any instrument made under an Act.
“Equivalent pension benefits”	Has the meaning given by section 57(1) of the Insurance Act.
“The former Regulations”	Those of the enactments and instruments referred to in paragraph 5 of Schedule 7 to the Act of 1972 as applying to Scotland that were in force immediately before 16th May 1974 and the Miscellaneous Provisions Regulations.
“A further fund”	Has the meaning given to it by regulation P1(3).
“Guaranteed minimum”	A guaranteed minimum under section 35 of the Pensions Act.
“Guaranteed minimum pension”	A guaranteed minimum pension under section 26 of the Pensions Act.
“The Insurance Act”	The National Insurance Act 1965(11).
“The Insurance Acts”	The National Insurance Acts 1965 to 1973(12).
“Insurance code”	The Insurance Act, the Northern Ireland Act or the Isle of Man Act.
“Interchange rules”	Rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948(13) (pensions of persons transferring to different employment) and any similar instrument made, or having effect as if made, under any other Act which makes similar provision.
“The Isle of Man Act”	The National Insurance (Isle of Man) Act 1961 (an Act of Tynwald).
“Judicially separated”	Judicially separated in circumstances in which the husband is not required by decree or order of any competent court to contribute to the support of his wife and is not in fact so contributing.
“Local Act contributor”	A person who was entitled to participate in the benefits of a superannuation fund maintained under a local Act scheme.
“Local Act scheme”	Has the same meaning as in section 8 of the Act of 1972.
“Local government employment”	In relation to any time before 16th May 1974, the expression means employment by virtue of which the person employed is, or is deemed to have been, a contributory employee or a local Act contributor. In relation to any time after 15th May 1974, the expression means employment by virtue of which the person employed is, or is deemed to be, a pensionable employee.
“Manual worker”	An employee who is not an officer.
“The Miscellaneous Provisions”	The Local Government Superannuation
“Regulations”	(Miscellaneous Provisions) (Scotland) Regulations 1973(14).
“New fund authority”	Has the meaning given by regulation Q2(1)(b).
“The 1974 Regulations”	The Local Government Superannuation (Scotland) Regulations 1974(15).
“Non-local government”	Means employment in which the person
“employment”	participates in a non-local government scheme.
“Non-local government scheme”	A superannuation scheme or other arrangement for superannuation, other than— (a) the superannuation scheme provided in the Acts of 1937 to 1953 and the Regulations made thereunder, or in the Local Government Superannuation Acts 1937 to 1953(16) and the Regulations made thereunder, (b) a superannuation scheme provided in Regulations for the time being in force under section 7 of the Act of 1972, and (c) a local Act scheme.
“Non-participating employment”	Has the same meaning as in section 56(1) of the Insurance Act.
“The Northern Ireland Act”	The National Insurance Act (Northern Ireland) 1959(17).
“Officer”	An employee whose duties are wholly or mainly administrative, professional, technical or clerical.
“Part-time employee”	An employee who is neither a whole-time employee nor a variable-time employee.
“Passenger transport executive”	The Executive for a designated area within section 9(1) of the Transport Act 1968(18).
“Payment in lieu of contributions”	A payment in lieu of contributions under Part III of the Insurance Act.
“Pensionable age”	A person’s pensionable age is the earliest age at which (assuming continuous local government employment) he could become entitled by virtue of regulation E2(1)(a) or (b)(ii) to a retirement pension.
“Pensionable employee”	In relation to any time before 21st December 1987, the expression means a person who was a pensionable employee under the 1974 Regulations. In relation to any time after 20th December 1987, the expression is to be construed in accordance with regulation B1.
“Pensionable remuneration”	Shall be construed in accordance with regulation E22.
“The Pensions Act”	The Social Security Pensions Act 1975(19).
“Preserved benefits”	Benefits to which a person— (a) was entitled immediately before 21st December 1987 by virtue of regulation E2(1)(c) of the 1974 Regulations, or (b) has become entitled by virtue of regulation E2(1)(c), and which have not become payable.
“Previous fund authority”	Has the meaning given by regulation Q2(1)(b).
“Public service scheme”	The Universities' Superannuation Scheme and any occupational pension scheme which— (a) cannot come into force or be amended without the scheme or amendment being approved by a Minister of the Crown or government department, and (b) includes provisions for any such whole-time service as is described in regulation F2(1), rendered before becoming entitled to participate in the scheme, to be reckonable as service in respect of which benefits are payable under the scheme.
“Qualifying service”	Shall be construed in accordance with regulation D2.
“Reckonable service”	Shall be construed in accordance with regulation D1.
“Registration officer”	A person holding, or deemed to be holding, an appointment under section 7 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(20).
“Relevant absence” and “relevant contribution period”	The meanings given by regulation C4(8).
“Remuneration”	Except to the extent that any standard remuneration agreement has been agreed under regulation G3, the expression means all the salary, wages, fees, poundage and other payments paid or made to an employee as such for his own use and the money value of any apartments, rations or other allowances in kind appertaining to his employment. The expression does not include— (a) payments for non-contractual overtime, (b) any allowance paid to an employee to cover the cost of office accommodation or clerk’s assistance, (c) any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred by him, for the purposes of his employment, (d) any payment made to him on his ceasing to hold his employment in consideration of loss of holidays, or (e) any payment accepted by him in lieu of notice to terminate his contract of employment; and for the purposes of calculating any payment based on remuneration to be made by an employee under these Regulations any reduction in remuneration by reason of the actual or assumed enjoyment of any statutory entitlement by the employee during any period of absence from duty shall be disregarded.
“Rent officer” and “deputy rent officer”	Any person who has been appointed a rent officer under section 43 of the Rent (Scotland) Act 1984(21).
“Retirement pension”	A retirement pension payable under regulation E2.
“Retiring allowance”	A retiring allowance payable under regulation E2.
“Scheduled body”	A body or the predecessor of a body described in Schedule 3.
“Scheme managers”	In relation to a statutory scheme, the expression means the Minister of the Crown or police or fire authority administering the scheme. In any other case, the expression means the person responsible for the management of a non-local government scheme.
“Service”	Except in Part J, where it has the meaning given by regulation J1, the expression means service rendered to a scheduled body. Service rendered by an employee of a scheduled body whose services are placed at the disposal of a Minister of the Crown or a government department in pursuance of any enactment is to be treated as service rendered to the scheduled body.
“State pensionable age”	In the case of a man, 65; in the case of a woman, 60.
“Statutory scheme”	A scheme established under— (a) section 1 of the Act of 1972, (b) arrangements for superannuation maintained in pursuance of Regulations made or having effect as if made under section 9 or 10 of that Act, (c) section 1 of the Police Pensions Act 1976(22), or (d) the Firemens' Pension Scheme made under the Fire Services Act 1947(23).
“Trade dispute”	Has the meaning given by regulation C4(8).
“The Transitional Provisions Regulations”	The National Insurance (Non-participation—Transitional Provisions) Regulations 1974(24).
“Variable-time employee”	An employee who has no contractual hours of employment.
“War service”	Shall be construed in accordance with regulation F2.
“War service provisions”	In relation to a public service scheme, means provisions of the kind specified in paragraph (b) of the definition of “public service scheme” in this Schedule.
“Water development board”	A board established under section 3 or 5 of the Water (Scotland) Act 1967(25).
“Whole-time”	A person is a “whole-time employee”, and as the case may be a “whole-time officer” or a “whole-time manual worker”, if his contractual minimum hours of employment regularly or usually amount to 30 hours or more in each week.