The Local Government Pension Scheme (Administration) (Scotland) Amendment Regulations 2012

Scottish Statutory Instruments

2012 No. 236  

Pensions

The Local Government Pension Scheme (Administration) (Scotland) Amendment Regulations 2012

Made

27th August 2012

Laid before the Scottish Parliament

29th August 2012

Coming into force

12th October 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 7, 12 and 24 of, and Schedule 3 to, the Superannuation Act 1972(1) and of all other powers enabling them to do so.

In accordance with section 7(5) of that Act, they have consulted such associations of local authorities as appeared to them to be concerned, such local authorities with whom consultation appeared to them to be desirable, and such representatives of other persons likely to be affected by the proposed regulations as appeared to them to be appropriate.

Citation, commencement and effect

1.—(1) These Regulations may be cited as the Local Government Pension Scheme (Administration) (Scotland) Amendment Regulations 2012.

(2) These Regulations come into force on 12th October 2012 and have effect from that date.

Amendment of the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008

2.  The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008 (“the Regulations”)(2) are amended in accordance with regulation 3.

3.—(1) In Schedule 2 to the Regulations, at the end, add—

“The Scottish Police Authority established under section 1 of the Police and Fire Reform (Scotland) Act 2012(3).

The Scottish Fire and Rescue Service established under section 1A(1) of the Fire (Scotland) Act 2005(4).”.

(2) In Part II of Schedule 4 to the Regulations at the end of the Table after entry 43 add—

“44.  Former employee of Strathclyde Joint Police Board or constituent local authorities transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, any employee of the Scottish Police Authority who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Strathclyde Joint Police Board or constituent local authorities and any former employee of the Scottish Police Services Authority transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, who immediately before the transfer was an active member of the fund in the corresponding right hand column.	Fund maintained by City of Glasgow Council
45.  Former employee of Fife Police Authority transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, any employee of the Scottish Police Authority who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Fife Police Authority and any former employee of the Scottish Police Services Authority transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, who immediately before the transfer was an active member of the fund in the corresponding right hand column.	Fund maintained by Fife Council
46.  Former employee of Lothian and Borders Joint Police Board or constituent local authorities transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, any employee of the Scottish Police Authority who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Lothian and Borders Joint Police Board or constituent local authorities and any former employee of the Scottish Police Services Authority transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, who immediately before the transfer was an active member of the fund in the corresponding right hand column.	Fund maintained by City of Edinburgh Council
47.  Former employee of Dumfries and Galloway Police Authority transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, any employee of the Scottish Police Authority who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Dumfries and Galloway Police Authority and any former employee of the Scottish Police Services Authority transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, who immediately before the transfer was an active member of the fund in the corresponding right hand column.	Fund maintained by Dumfries and Galloway Council
48.  Former employee of Tayside Joint Police Board or constituent local authorities transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, any employee of the Scottish Police Authority who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Tayside Joint Police Board or constituent local authorities and any former employee of the Scottish Police Services Authority transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, who immediately before the transfer was an active member of the fund in the corresponding right hand column.	Fund maintained by Dundee City Council
49.  Former employee of Central Scotland Joint Police Board or constituent local authorities transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, any employee of the Scottish Police Authority who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Central Scotland Joint Police Board or constituent local authorities and any former employee of the Scottish Police Services Authority transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, who immediately before the transfer was an active member of the fund in the corresponding right hand column.	Fund maintained by Falkirk Council
50.  Former employee of Northern Joint Police Board or constituent local authorities transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, any employee of the Scottish Police Authority who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Northern Joint Police Board or constituent local authorities and any former employee of the Scottish Police Services Authority transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, who immediately before the transfer was an active member of the fund in the corresponding right hand column.	Fund maintained by Highland Council
51.  Former employee of Grampian Joint Police Board or constituent local authorities transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, any employee of the Scottish Police Authority who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Grampian Joint Police Board or constituent local authorities and any former employee of the Scottish Police Services Authority transferred to the Scottish Police Authority by the Police and Fire Reform (Scotland) Act 2012, who immediately before the transfer was an active member of the fund in the corresponding right hand column.	Fund maintained by Aberdeen City Council
52.  Former employee of Strathclyde Joint Fire and Rescue Board or constituent local authorities transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Strathclyde Joint Fire and Rescue Board or constituent local authorities.	Fund maintained by City of Glasgow Council
53.  Former employee of Fife Council transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Fife Council.	Fund maintained by Fife Council
54.  Former employee of Lothian and Borders Joint Fire and Rescue Board or constituent local authorities transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012, any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Lothian and Borders Joint Fire and Rescue Board or constituent local authorities, any former employee of the Fire College at Gullane transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service employed at the Fire College at Gullane.	Fund maintained by City of Edinburgh Council
55.  Former employee of Dumfries and Galloway Council transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Dumfries and Galloway Council.	Fund maintained by Dumfries and Galloway Council
56.  Former employee of Tayside Joint Fire and Rescue Board or constituent local authorities transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Tayside Joint Fire and Rescue Board or constituent local authorities.	Fund maintained by Dundee City Council
57.  Former employee of Central Joint Fire and Rescue Board or constituent local authorities transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Central Joint Fire and Rescue Board or constituent local authorities.	Fund maintained by Falkirk Council
58.  Former employee of Highlands and Islands Joint Fire and Rescue Board or constituent local authorities transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Highlands and Islands Joint Fire and Rescue Board or constituent local authorities.	Fund maintained by Highland Council
59.  Former employee of Grampian Joint Fire and Rescue Board or constituent local authorities transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Grampian Joint Fire and Rescue Board or constituent local authorities.	Fund maintained by Aberdeen City Council”.

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

27th August 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008 to provide that employees (other than police officers) of the Scottish Police Authority established under section 1 of the Police and Fire Reform (Scotland) Act 2012 and employees (other than fire-fighters) of the Scottish Fire and Rescue Service established under section 1A(1) of the Fire (Scotland) Act 2005 are eligible to be members of the Scottish Local Government Pension Scheme.

The Regulations also specify to which local government pension fund transferring and new employees are to belong.

(1)

1972 c.11; section 12 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7), section 10. The functions of the Secretary of State were transferred to the Scottish Ministers as regards Scotland by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), article 2 and Schedule 1.

(2)

S.S.I. 2008/228, as amended by S.S.I. 2009/93, S.S.I. 2009/187, S.S.I. 2010/234 and S.S.I. 2011/349.

(3)

2012 asp 8.

(4)

2005 asp 5; section 1A was inserted by section 101 of the Police and Fire Reform (Scotland) Act 2012.