The Local Government Superannuation (Scotland) Amendment Regulations 1989

Transitional provisions

46.—(1) Notwithstanding the amendments made by regulations 3, 4 and 5, any election made, or notification given, before 6th April 1988 to become, or to cease to be, a pensionable employee pursuant to the provisions amended by those regulations shall have effect as if those amendments had not been made; and in particular—

(a) if a person has elected before 6th April 1988 to become a pensionable employee under one of those provisions, but that election has not before that date come into effect, no further election under regulation B4 of the principal Regulations shall be required, and

(b) if a person has elected before 6th April 1988 to cease to be a pensionable employee under one of these provisions, and after so ceasing subsequently becomes employed in another employment in which he may become such, regulation B4(1) of the principal Regulations shall apply as if on 5th April 1988 he was not a pensionable employee whether or not his election had effect by that date.

(2) The amendments made by regulations 9(a) and (d), 12(a), 14, 15(a), 16(a) and 17 shall apply only where the person ceased to hold the employment concerned, or (in relation to regulations 15(a), 16(a) and 17) where the death concerned occurred, on or after 6th April 1988.

(3) Regulations 23, 25, 37, 38 and 44 shall not have effect—

(a) in relation to any person who has completed 5 or more years' service as a pensionable employee and whose local government employment ceased before 1st January 1986 (or who ceased to be subject to the principal Regulations before that date), so as to allow him to exercise an option under regulation J2 of the principal Regulations which would not have been available to him had these Regulations not been made; or

(b) in relation to—

(i) payments of transfer values made by the fund authority to statutory schemes, or schemes which fall to be treated as statutory schemes for the purposes of Schedule 16 to the principal Regulations, where an application was received by that authority before 6th April 1988; and

(ii) payments of transfer values made by such schemes to the fund authority before that date.

(4) Where the whole, or any part, of a transfer value paid in respect of a person—

(a) falls to be calculated by reference to service reckoned by him before the coming into force of these Regulations;

(b) is to be used by the fund authority, at that person’s option, to acquire transfer credits in an occupational pension scheme which is not a statutory scheme and does not fall to be treated as a statutory scheme; and

(c) would as a consequence of the amendments made to the principal Regulations by regulations 23, 25, 37, 38 and 44 of these Regulations result in the amount or value of those transfer credits being reduced;

that transfer value, or that part of it, shall be calculated as if regulations 23, 25, 37, 38 and 44 of these Regulations had not been made.

(5) The amendment made by regulation 31 shall apply only where the person ceased to hold the employment concerned, or suffered the reduction in his remuneration or died (as the case may be) on or after 6th April 1988.