The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Amendment Regulations 2000

Determination to pay and computation of compensation

8.  In regulation 35–

(a) in paragraph (1), add at the end–

• “,

• but no person may be paid compensation under this regulation in respect of the cessation of an employment in respect of which an additional period of membership may be counted under regulation 51 of the Local Government Pension Scheme (Scotland) Regulations 1998”; and

(b) after paragraph (1), insert–

“(1A) In any case, the maximum amount shall not exceed one week’s pay for each week (fractions of a week being disregarded) between the material date and the employee’s normal retirement date (or the date which would be his normal retirement date if he were a member of the Scheme)(1).”.

(1)

“member” and “the Scheme” are defined in terms of the Local Government Pension Scheme (Scotland) Regulations 1998 (S.I. 1998/366), which re enacted the Local Government Superannuation (Scotland) Regulations 1987 with modifications. A “member of the Scheme” is in effect the current equivalent of a “pensionable employee” under the 1987 Regulations. Regulation 2(3) of the principal Regulations construes expressions used in them and not specifically defined as if they were contained in the 1987 Regulations. By virtue of section 17(2)(a) of the Interpretation Act 1978 (c. 30), regulation 2(3) also construes “member” and “the Scheme” as if contained in the 1998 Regulations.