The Local Government Superannuation (Scotland) Amendment Regulations 1989

Pensionable employees

3.—(1) For regulation B1 of the principal Regulations there shall be substituted the following:—

“Pensionable employees

B1.— (1) As from 6th April 1988 a person is a pensionable employee if—

(a) he is an eligible employee as defined in regulations B2 and B3, and

(b) he has made an election, which has not been revoked, in accordance with regulation B4.

(2) A person who was a pensionable employee under these Regulations immediately prior to 6th April 1988 shall be deemed to have elected at that date to be a pensionable employee under this regulation.

(3) A person who in his last employment was a pensionable employee under the Local Government Superannuation Regulations 1986(1) shall on the date of becoming an eligible employee under these Regulations be deemed to have elected at that date to be a pensionable employee under this regulation.”.

(2) For regulation B2 of the principal Regulations there shall be substituted the following:—

“Eligible employees

B2.— (1) Subject to paragraphs (2) and (3), the following persons are eligible employees:—

(a) a whole-time officer of a body described in Part I of Schedule 3 (“a Part I scheduled body”);

(b) a whole-time manual worker employed by a Part I scheduled body who—

(i) has completed 12 months continuous employment with that body, or

(ii) has entered or re-entered the employment of that body less than 12 months after completing at least 12 months continuous employment with a Part I scheduled body or after having been in other local government employment and without having applied for a return of the whole of his contributions, or

(iii) satisfies the requirements of Part III of Schedule 3;

(c) a variable-time employee of a Part I scheduled body who is also an eligible employee in a whole-time or part-time employment with any such body and where such an employee ceases to hold that whole-time or part-time employment but continues without break of service in the variable-time employment he shall continue to be an eligible employee;

(d) an employee described in Part II of Schedule 3 if the body employing him have by a statutory resolution—

(i) specified him as an eligible employee, or

(ii) specified a class of employees, to which he belongs, as being eligible employees;

(e) a whole-time member of a passenger transport executive if that executive have, with the consent of the passenger transport authority for which they are the executive, by a statutory resolution specified him as an eligible employee;

(f) a whole-time director of a subsidiary of a passenger transport executive if that executive have by a statutory resolution specified him as an eligible employee;

(g) a person who immediately before 16th May 1974—

(i) was a member of a passenger transport executive or a director of a subsidiary of a passenger transport executive, and

(ii) was in that position a contributory employee,

for as long as he continues without break in service in that position;

(h) a person who immediately before 21st December 1987 was a pensionable employee by virtue of regulation B2(1)(g) of the 1974 Regulations(2) (certain former contributory employees continuously employed by same body) for as long as he continues without break in service in employment with the same body;

(i) a person employed by a scheduled body who before 1st April 1986 ceased to be a whole-time employee but who continued without a break of service in the employment of that body in the same post and who was, notwithstanding the provisions of the Local Government Superannuation (Scotland) Regulations 1974-86 in force before that date, regarded as a pensionable employee by that scheduled body and, where the body was not an administering authority, by the administering authority.

(2) A Part I scheduled body may resolve that a person who falls within paragraph (1)(a), (b) or (c) or regulation B3 shall not become an eligible employee unless he has undergone a medical examination to their satisfaction; and a resolution under this paragraph may apply to any specified person or to any specified class of persons.

(3) Notwithstanding anything in paragraph (1) or (2), the following are not eligible employees—

(a) a person who has not attained the age of 18 years;

(b) a person who has attained the age of 65 years and has completed not less than 45 years' reckonable service;

(c) any other person who has attained the age of 65 years, unless—

(i) there has become payable to him a pension which is liable to be reduced or suspended under regulation E15, an ill-health lump sum retiring allowance under regulation E4, or a short service grant under the Benefits Regulations, or

(ii) if he were to become a pensionable employee, he would immediately become entitled to reckon any period as reckonable service or qualifying service, or

(iii) under any enactment he has received or is entitled to receive compensation for loss of employment or loss or diminution of emoluments attributable to the provisions of an enactment, and the compensation is liable to be reduced or suspended, in consequence of his taking up employment with a scheduled body, in the like manner and to the like extent as it would have been reduced or suspended if he had remained subject to the pension scheme to which he was subject immediately before suffering the loss;

(d) a person who is, in the same employment, entitled to participate in the benefits of any other superannuation scheme provided by or under any enactment (including an enactment in a local Act), other than section 7 of the Act of 1972;

(e) an employee of a scheduled body in respect of whom contributions to the Merchant Navy Officers Pension Fund are made.

(4) In this regulation “statutory resolution” means, in relation to a scheduled body, a resolution passed in the manner in which an ordinary resolution of the body may be passed, except that 28 days' notice of the meeting at which the resolution is passed and of the terms of the resolution and of the fact that it is to be proposed at that meeting must have been given in the manner in which notice for convening ordinary meetings of the body may be given.”.

(1)

S.I. 1986/24, amended by S.I. 1987/293 and 1579.

(2)

S.I. 1974/812; the relevant amending instrument is S.I. 1982/1303