The Local Government Superannuation (Scotland) Amendment Regulations 1989

Options relating to pensionable employment

5.  For regulation B4 of the principal Regulations there shall be substituted the following:—

“Opting into pensionable employment

B4.— (1) Without prejudice to regulation B1(2) and (3), an eligible employee may elect to become a pensionable employee by making an election in accordance with this regulation.

(2) An election under paragraph (1) shall be made by an eligible employee by giving notice in writing to his employer.

(3) Subject to paragraphs (4) and (5), where an eligible employee gives notice of election on or before the relevant date the election shall have effect from the date on which he commences employment unless the notice specifies otherwise, and in any other case it shall have effect from the day following the end of the relevant period or such later date as may be specified in the notice.

(4) In an exempt case, the employer to which notice of election is given may give notice to the person electing that he is not to become a pensionable employee; and a case is an exempt case for this purpose if that person—

(a) has attained or would, on or by the date on which he would otherwise become a pensionable employee pursuant to the election, have attained the age of 50 years; and

(b) was first employed by that employer before he attained that age.

(5) A notice of election under paragraph (1) shall have effect—

(a) subject to any subsequent notification under regulation B4A; and

(b) both in relation to the employment with the employer to whom notice is given, and in relation to any subsequent employment under which the person may become a pensionable employee.

(6) In paragraph (3)—

“the relevant date” means the last day of the period of service to which the person’s first payment of wages or salary due from his employer after he commences employment relates; and

“the relevant period” means the period of service to which the person’s payment of wages or salary due from his employer next after the day on which the notice of election is given relates.

Opting out of pensionable employment

B4A.— (1) A pensionable employee may at any time notify his employing authority in writing that he does not wish to be such for the purposes of these Regulations.

(2) A person giving a notification under paragraph (1) shall cease to be a pensionable employee from the day following the end of the relevant period, or such later date as may be specified in the notification.

(3) A person giving a notification under paragraph (1) shall not again become a pensionable employee in that or another employment unless he makes an election in accordance with regulation B4B.

(4) In paragraph (2), “the relevant period” means the period of service to which the person’s payment of wages or salary due from the employing authority next after the day on which the notification under paragraph (1) is given relates, or the period of 2 months beginning on that day, whichever ends first.

Rejoining pensionable employment

B4B.— (1) A person who would be a pensionable employee in accordance with these Regulations but for a notification under regulation B4A may, notwithstanding the giving of that notification but subject to paragraphs (3), (4) and (5), subsequently elect so to become a pensionable employee.

(2) An election under paragraph (1) shall be made by notice given in writing to his employer.

(3) A person who has made an election under paragraph (1) and who subsequently gives another notification under regulation B4A(1) may, subject to paragraph (4), make no further election under paragraph (1).

(4) Notwithstanding paragraph (3), a person may elect under paragraph (1) whenever he begins a new employment under which he may become a pensionable employee, provided the notice of election is given to the new employer before or within the period of 3 months beginning with the day on which he begins that employment.

(5) Paragraphs (3) to (6) of regulation B4 shall apply to an election under paragraph (1) of this regulation as they apply to an election under regulation B4(1).”.