The Local Government Pension Scheme (Scotland) Regulations 2018

Active membership S

3.  —

(1) Subject to regulation 4 (restriction on eligibility for active membership), a person is eligible to be an active member of the Scheme in an employment—

(a) if employed by a body listed in Part 1 of schedule 2;

(b) if employed by an admission body and designated, or belonging to a class of employees that is designated, by the admission body under the terms of an admission agreement as being eligible for active membership of the Scheme.

(2) Subject to paragraph (3), a person eligible to be an active member of the Scheme in an employment becomes an active member on the day that person's employment begins or (if later) the day the person becomes eligible for membership.

(3) A person who would, apart from this paragraph, be an active member of the Scheme by virtue of paragraph (2) who is employed under a contract of employment of less than 3 months does not become a member on the day specified in paragraph (2) but becomes an active member on—

(a) the person's automatic enrolment date;

(b) the first day of the payment period following an application to become an active member; or

(c) the first day of the payment period following an extension to the contract of employment to be for 3 months or more,

whichever is the earliest.

(4) Where an administering authority enters into an admission agreement with an admission body—

(a) the admission agreement must comply with the requirements specified in paragraphs 3 to 12 of Part 2 of schedule 2; and

(b) these Regulations apply to the admission body and to employment with the admission body in the same way as if the admission body were a Scheme employer listed in Part 1 of schedule 2.

(5) A person who is eligible to be an active member in an employment, but who is not an active member in that employment becomes an active member in an employment—

(a) on the first day of the payment period following the application to become an active member in that employment; or

(b) on the automatic enrolment date or automatic re-enrolment date relating to that employment.

(6) Subject to paragraph (7) and regulation 5(6) (person whose membership is less than 3 months treated as never having been a member), an active member has qualifying service for a period of 2 years if—

(a) that member has spent 2 years as an active member;

(b) a transfer value payment has been received in respect of rights accrued in a registered pension scheme or under a European pensions institution and the length of service in respect of which that person accrued benefits in that scheme or institution was 2 or more years;

(c) the aggregate of the period the person has spent as an active member of the Scheme and of a registered pension scheme or European pensions institution in respect of which a transfer value payment has been received, is 2 years;

(d) a transfer value payment has been received in respect of rights accrued in a scheme or arrangement that does not permit a refund of contributions to the member;

(e) the member has paid contracted-out National Insurance contributions whilst an active member and ceases active membership after the end of the tax year preceding that in which the member attains pensionable age;

(f) the member already holds a deferred benefit or is in receipt of a pension (other than a survivor's pension or pension credit member's pension) under these Regulations;

(g) a transfer value payment has been paid to a qualifying recognised overseas pension scheme;

(h) the member ceases active membership at age 75; or

(i) the member dies in service.

(7) The following periods do not count as periods of qualifying service for the purposes of these Regulations—

(a) any period for which contributions have been returned to the member;

(b) any period of membership derived from a non-contributory pension scheme or arrangement from which a transfer value payment has been received and which is attached to the membership in respect of which contributions have been returned under regulation 18 (rights to return of contributions);

(c) any period in respect of which rights have been transferred to another registered pension scheme other than a qualifying recognised overseas pension scheme;

(d) any period in respect of which the member has been deprived of benefits under regulation 86 (forfeiture of pension rights after conviction for employment-related offences).