The Local Government Superannuation (Scotland) Amendment Regulations 1993

Amount of widow’s short-term and long-term pensions

14.  Regulation E6 of the principal Regulations is amended–

(a) in paragraph (1), by substituting for the words “(3) to (5)” the words “(4) and (5)”;

(b) in paragraph (2), by substituting for the words “(3) to (5)” the words “(4) and (5)”;

(c) in paragraph (2), by inserting after sub-paragraph (c) the following sub-paragraph:–

“(d) where paragraph (1)(b) applies by virtue of regulation E5(1)(c)(iii), one one hundred and sixtieth of the spouse’s pensionable remuneration multiplied by the length in years of the spouse’s reckonable service,”,

and renumbering sub-paragraphs (d) and (e) as sub-paragraphs (e) and (f) respectively;

(d) in paragraph (3), by substituting for the words “paragraph (2)” the words “paragraphs (1) and (2)”;

(e) in paragraph (3), by substituting for sub-paragraph (a) the following sub-paragraph:–

“(a) “retirement pension”, for the purpose of calculating a widower’s short-term or long-term pension, means a retirement pension calculated by reference to the length in years of the wife’s period of reckonable service after 5th April 1988 and, if the widower was his wife’s husband at some time while she was in local government employment after 31st March 1972, by reference also to–

(i) the length in years of any period treated in accordance with paragraph (3A) as a period of reckonable service after 5th April 1988,

(ii) the length in years of any additional period of which notice has been given in accordance with paragraph (6), and

(iii) the length in years of any reckonable service in respect of which payment under regulation C8A has or is treated as having been completed;”;

(f) in paragraph (3)(b), by substituting for the word “(d)” the word “(e)”;

(g) by inserting after paragraph (3) the following paragraph:–

“(3A) For the purposes of this paragraph any of the following periods shall be treated as being a period of reckonable service after 5th April 1988:–

(a) any additional period of service awarded after that date by virtue of regulation E3(12),

(b) any additional period of service which the person was entitled to reckon under regulation D4, D5 or D9 where the necessary payment was made or commenced after that date,

(c) any additional period of service which the person is entitled to reckon by virtue of a resolution passed under regulation D7 after that date,

(d) any additional period of service which is treated as reckonable service after that date by virtue of regulation D12(3),

(e) any period of service which the person was entitled to reckon under regu-lation J9 where the relevant transfer value was accepted after that date.”;

(h) in paragraph (4)(a), by deleting the word “(c),”, by deleting the word “and” where it first appears and by inserting after the word “(e)” the words “and (f)”; and

(i) by inserting after paragraph (5) the following paragraphs:–

“(6) A married woman who–

(a) is a pensionable employee, was a pensionable employee on 27th July 1989 and has since that date continuously been a pensionable employee, and

(b) is entitled to reckon a period of reckonable service before 6th April 1988,

may, subject to paragraph (8) and in accordance with paragraph (9), give notice in writing to the appropriate administering authority of any additional period which she wishes to reckon for the purposes of calculating a widower’s long-term pension.

(7) For the purposes of paragraph (6), the reference to a woman having continuously been a pensionable employee includes a reference to a woman who, having ceased to be a pensionable employee–

(a) became or becomes a pensionable employee again within one month of so ceasing, or

(b) became or becomes a pensionable employee again within one month of returning to work in accordance with section 45(1) or (3) of the Employment Protection (Consolidation) Act 1978(1) (which confers the right to return to work following pregnancy or confinement).

(8) The additional period of which notice may be given by a woman under paragraph (6) shall not exceed the length of her reckonable service which is not, or is not treated for the purposes of paragraph (3A) as being, reckonable service after 5th April 1988.

(9) Notice under paragraph (6) must be given not later than whichever is the latest of–

(a) 30th July 1994, or

(b) if she marries or remarries after 30th July 1993, 12 months after the date of any such marriage, or

(c) if her husband becomes permanently incapacitated by reason of ill-health or infirmity of mind or body and wholly or mainly dependent on her, 12 months after a medical certificate to that effect is submitted to the appropriate administering authority.

(10) The appropriate administering authority may extend any of the time limits referred to in paragraph (9).

(11) Notice given under paragraph (6) shall be irrevocable, but subject to the provisions of this regulation notice may be given on more than one occasion.”.

(1)

1978 c. 44.