The Local Government Pension Scheme (Remediable Service) (Scotland) Regulations 2023

Interest on payments under the statutory underpin

14.—(1) This regulation applies in relation to a person to whom regulation 5(3), (4), (5) or (6), 6(5), 7(3), 8(4)(a) or (b), 10(5), 11(4) or 12(6)(b) applies.

(2) An administering authority must pay interest in respect of the following sums—

(a) the amount to be added to the person’s pension account under regulation 5(3) or (4) (retired members) relating to the period beginning with the date on which the pension in question was put into payment and ending with the date on which the final guarantee amount was added to the pension account;

(b) the amount to be paid under regulation 5(5) or (6) (deceased members);

(c) where regulation 5(7) applies (person who elected to commute an amount of their pension), any new lump sum arising from the amount added to the person’s account under regulation 5(3) or (4);

(d) the amount to be paid under regulation 6(5) or 7(3) (death grants);

(e) the amount to be added to the survivor member’s pension account under regulation 8(4)(a) or (b) (survivor member’s pension account) relating to the period beginning with the date on which the survivor pension was put into payment and ending with the date on which the survivor guarantee amount was added to the survivor pension account;

(f) the amount to be paid to the member under regulation 11(4) (commutation payments);

(g) the amount to be added under regulation 12(6)(b) (difference between recalculated pension credit and pension in payment) relating to the period beginning with the date on which the pension credit member’s pension was put into payment and ending with the date on which the difference between the recalculated annual pension and the pension in payment is to be added to the retirement pension account under regulation 12(6)(b).

(3) An administering authority must take reasonable steps to pay interest in respect of the amount to be paid to the scheme under regulation 10(5) (transfers out).

(4) The interest is to be paid—

(a) where paragraph (2)(a), (c) or (f) applies, to the person;

(b) where paragraph (2)(b) applies, to the personal representatives in question;

(c) where paragraph (2)(d) applies, to the recipient of the death grant;

(d) where paragraph (2)(e) applies, to the person who has the survivor member’s pension account;

(e) where paragraph (2)(g) applies, to the pension credit member;

(f) where paragraph (3) applies, to the scheme that received the original transfer.

(5) Interest under this regulation is payable from the relevant date until the day on which the amount in respect of which the interest is payable and the accrued interest are repaid in full.

(6) The “relevant date” is—

(a) where regulation 5(3), (4), (5) or (6) applies, the day that falls half-way through the period beginning with the day after the member’s final underpin date and ending with the date on which payment is made;

(b) where regulation 6(5), 7(3), 10(5) or 11(4) applies, the day that falls half-way through the period beginning with the day on which the original payment was made and ending with the date on which payment is made;

(c) where regulation 8(4)(a) or (b) applies, the day that falls half-way through the period beginning with the day after the person’s date of death and ending with the date on which payment is made;

(d) where regulation 12(6)(b) applies, the day that falls half-way through the period beginning with the day on which the pension credit member’s pension was put into payment and ending with the date on which payment is made.

(7) In paragraph (6)(b), “original payment” means—

(a) the death grant;

(b) the transfer out; or

(c) the lump sum

that was paid, or, as the case may be, made before 1 October 2023.

(8) Interest payable under this regulation is to be calculated in accordance with direction 38 of the PSP Directions 2022.

(9) For the purposes of paragraph (6), where there is no day that falls half-way through the period in question, any reference to that day is to be read as a reference to the first day of the second half of the period.

(10) In this regulation—

“final underpin date” has the meaning given in regulation 4H(1) of the 2014 Regulations;

“pension credit member” has the meaning given in regulation 8(1) of the 2018 Regulations;

“the PSP Directions 2022” means the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022.