The Local Government Superannuation (Scotland) Amendment Regulations 1989

Return of employee’s contributions in certain cases

9.  In regulation C12 of the principal Regulations—

(a) for paragraphs (1) and (2) there shall be substituted the following:—

“(1) Subject to paragraphs (3) and (12), and regulation C13, as appropriate, this regulation applies to a pensionable employee of an employing authority who is entitled to reckon an aggregate of less than 2 years' reckonable service and qualifying service and who, before becoming entitled to any benefit under these Regulations, (other than a retirement pension under regulation E2(2))—

(a) ceases to be employed by that authority and does not, within one month after ceasing to be so employed, enter further employment with any scheduled body and become a pensionable employee; or

(b) ceases to be a pensionable employee while continuing to be employed by that authority and does not, within one month after so ceasing, again become a pensionable employee.

(2) Subject to paragraph (3)—

(a) a person to whom paragraph (1)(a) of this regulation applies shall be entitled to receive a refund of contributions calculated in accordance with paragraph (4);

(b) a person to whom paragraph (1)(b) applies shall be entitled to receive out of the appropriate superannuation fund a sum equal to the aggregate of his contributions to the fund.”;

(b) after paragraph (3)(b) there shall be inserted the following:—

“; or

(c) in respect of whom a transfer value from the trustees or managers of a personal pension scheme has been credited to the appropriate superannuation fund.”;

(c) in paragraph (4), after the words “to whom”, there shall be inserted the words “paragraph (1)(a) of”;

(d) in paragraph (12), for the words “5 years”, there shall be substituted the words “2 years'” and, after the words “qualifying service”, there shall be inserted the words “and has ceased to be employed by an employing authority”.