The Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008

Flexible retirement

18.—(1) A member who–

(a) has attained the age of 55; and

(b) with the member’s employing authority’s consent, reduces the hours the member works, or the grade in which the member is employed,

may, subject to paragraph (2), make a request in writing to the appropriate administering authority to receive all or part of the member’s benefits under these Regulations, and the administering authority must pay those benefits to the member notwithstanding that the member has not retired from that employment.

(2) Where the member has not attained the age of 60, the member must obtain the employing authority’s consent before making the request.

(3) If the payment of benefits referred to in paragraph (1) takes effect before the member’s 65th birthday, the benefits payable are reduced in accordance with guidance issued by the scheme actuary.

(4) But the employer may agree to waive, in whole or in part, any such reduction as is referred to in paragraph (3).

(5) Subject to paragraph (6), in the case of a person who is a member on 31st March 2009, and who makes a request before 31st March 2010, paragraph (1) applies as if “the age of 50” were substituted for “the age of 55”.

(6) Paragraph (5) only applies to a member whose employment has been continuous with the same employer throughout that period.

(7) For the purposes of paragraph (6), the employment of a member who has been the subject of a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006(1) apply shall be treated as being continuous employment with the transferee employer.

(8) Where a member is receiving benefits under this regulation, the period of membership used to calculate those benefits is not taken into account in any subsequent calculation of such benefits to which the member is entitled under these Regulations.

(9) The value of any benefits paid to a member under paragraph (1) shall be taken into account in any subsequent calculation of the member’s benefits under regulation 16, 17, 19, 20, 30 or 31 in accordance with guidance issued by the scheme actuary.

(1)

S.I. 2006/246.