The Local Government Superannuation (Scotland) Amendment (No. 3) Regulations 1997

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Local Government Superannuation (Scotland) Amendment (No.3) Regulations 1997 and shall come into force on 30th June 1997, but shall have effect from 1st September 1996.

(2) In these Regulations “the principal Regulations” means the Local Government Superannuation (Scotland) Regulations 1987(1) and, unless the context otherwise requires, any expression which is also used in the principal Regulations has the same meaning as in those Regulations.

Special provision for persons formerly members or eligible to be members of the National Health Service Superannuation Scheme for Scotland

2.  After regulation G5 of the principal Regulations there shall be inserted the following new regulation:–

“Persons formerly members or eligible to be members of the National Health Service Superannuation Scheme for Scotland

G6.— (1) This regulation applies to a person who–

(a) was employed by a health board and was a member, or eligible to be a member, of the National Health Service Superannuation Scheme for Scotland; and

(b) transferred from that employment to employment by the governing body of a university or designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992 or by the board of management of a college of further education within the meaning of Part I of that Act as a consequence of a transfer to the governing body or board of management on 1st September 1996, or in the case of a transfer to the governing body of the Robert Gordon University on 1st December 1996, of the undertaking in which he was employed, to which transfer the Transfer of Undertakings (Protection of Employment) Regulations 1981(2) apply, and upon being transferred became a pensionable or admitted employee.

(2) In their application to a person to whom this regulation applies and for the purpose only of determining entitlement to, or calculating the amount of, any benefit payable in respect of his relevant local government employment and transferred service, these Regulations shall have effect subject to deletion of regulation E3(2) and (14) and Schedule 11.

(3) In relation to a person to whom this regulation applies, the provisions contained in Schedule 16B shall have effect.

(4) In this regulation and in Schedule 16B–

“the National Health Service Superannuation Scheme for Scotland” means the scheme the rules of which are set out in the National Health Service Regulations;

“the National Health Service Regulations” means the National Health Service Superannuation Scheme (Scotland) Regulations 1995((3)

“relevant local government employment” means a continuous period of employment of a person to whom this regulation applies as a pensionable or admitted employee comprising–

(a)

the period, immediately following transfer to employment by a governing body or board of management in terms of paragraph (1)(b), of employment by that governing body or board of management during which he was continuously engaged in the work of the undertaking in which he was previously employed or in the work of another undertaking transferred to that governing body or board of management as mentioned in paragraph (1)(b); and

(b)

any further periods, immediately following the period described in sub-paragraph (a) and each other, of employment by another governing body or board of management of the kind specified in paragraph (1)(b) during which he was continuously engaged in the work of an undertaking transferred to that governing body or board of management as mentioned in paragraph (1)(b);

“transferred service” means, where on the transfer referred to in paragraph (1)(b) a transfer value has been accepted in respect of a person’s accrued rights from the National Health Service Superannuation Scheme for Scotland, the period of reckonable service which he is entitled to count under regulation J9(1)(a).”.

Provisions in relation to a person to whom regulation G6 applies

3.  The principal Regulations shall be amended by inserting after Schedule 16A the Schedule set out in the Schedule to these Regulations.

Calculation of transfer value

4.—(1) Where a person to whom regulation G6 of the principal Regulations (as added by these Regulations) applies gives written notice to the fund authority within 3 months of becoming a pensionable employee as described in regulation G6(1)(b) or of being given relevant bulk transfer information and option forms, whichever is the later, that he wishes them to accept a transfer value, calculated under bulk transfer terms, in respect of all his accrued rights from the National Health Service Superannuation Scheme for Scotland, the transfer value in respect of those rights shall be calculated in accordance with paragraph (2) and the provisions of paragraph (3) shall apply in relation to that person.

(2) The transfer value shall be such amount as shall be agreed between the Government Actuary and the actuary to the appropriate superannuation fund and shall be adjusted to take account of any period between the date the person becomes a pensionable employee and the date of actual payment of the transfer value as those actuaries shall agree.

(3) In the event of the actuaries being unable to agree either the amount or the period mentioned in paragraph (2), the question shall be referred to an actuary appointed by the Secretary of State to make a determination which shall be final.

(4) The period which shall be counted under regulation J9(1)(a) of the principal Regulations in relation to the person shall, instead of being calculated in accordance with paragraph 2(1) of Schedule 17 to those Regulations, be equal to the actual length of his pensionable service under the National Health Service Superannuation Scheme for Scotland and the provisions of regulation J9(1)(a) shall be modified accordingly in relation to him.

(5) Paragraph (4) shall also apply in relation to a person to whom regulation G6 of the principal Regulations applies and who gives written notice to the fund authority under regulation J8(1) that he wishes them to accept an individual transfer value in respect of all his accrued rights from the National Health Service Superannuation Scheme for Scotland.

Brian Wilson

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

3rd June 1997