http://www.legislation.gov.uk/id/uksi/1998/364

http://www.legislation.gov.uk/uksi/1998/364/regulation/11/made

The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998

Local government

Pensions

Occupational pensions

Older people

King's Printer of Acts of Parliament

2016-06-08

PENSIONS

These Regulations are supplemental to the Local Government Pension Scheme (Scotland) Regulations 1998 (S.I. 1998/366) (“the 1998 Regulations”) which set out the pension arrangements of the Local Government Pension Scheme in Scotland (“the Scheme”) from 1st April 1998 (“the commencement date”). These Regulations make provision for the transition from the arrangements for the Scheme set out in the Local Government Superannuation (Scotland) Regulations 1987 (“the 1987 Regulations”), and the other Regulations specified in Schedule 1 to these Regulations, to those set out in the 1998 Regulations. They revoke provisions of the 1987 Regulations relating to administration of the Scheme (which are replaced by provisions in Part IV of the 1998 Regulations) for all members of the Scheme (ie pensionable employees, pensioners and those with preserved benefits under the 1987 Regulations) and disapply the other provisions of the 1987 Regulations for those who are members in employment on that date (“active members”). They also provide for the continuation of most provisions of the 1987 Regulations for members who are not then active members and for the corresponding provisions of the 1998 Regulations not to apply to them.

The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998

Sch.2. para.1 defn(s).

The Local Government Pension Scheme (Scotland) Amendment Regulations 2000

reg.7(a)

Local Govt Pension Scheme (Transitional Provns) (S) Regs

The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998

reg 4A

The Local Government Pensions Etc. (Civil Partnership) (Scotland) Amendment Regulations 2005

reg 4

Sch 3

para 1

Local Govt Pension Scheme (Transitional Provns) (S) Regs

The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998

The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008

regs 2

sch 1

Local Govt Pension Scheme (Transitional Provns) (S) Regs

Counting old membership of existing members under 1998 Regulations

Rights under old provisions affecting membership periods (extra payments, absences etc.)11

1

Any notice given or having effect as if given or deemed to have been given under—

a

regulation C3(3) or (4) of the 1987 Regulations (payments in respect of long periods away from work);

b

regulation C3A(3) of those Regulations (payments in respect of maternity absence);

c

regulation C4(3) of those Regulations (payments in respect of absence owing to trade dispute);

d

regulation C6 of those Regulations (payments to increase reckonable service),

by a member to whom regulation 3(1) applies shall cease to have effect (but see regulation 14).

2

Where a member to whom paragraph (1) applies has made any payment under regulation C3(3) or, as the case may be, regulation C3A, C4(3) or C6 of the 1987 Regulations in pursuance of the notice, the member’s appropriate administering authority must calculate the period as respects which payment has been made.

3

That authority must notify the member of that period as soon as practicable after the commencement date.

4

The period the member may count for regulation 8(1)(d) of the 1998 Regulations includes the period calculated under paragraph (2).

5

Nothing in these Regulations affects–

a

any right of any person who has ceased to be employed before the commencement date to give a notice under regulation C3(3) or C3A(3) of the 1987 Regulations not later than 30 days after he ceased to be employed;

b

any right of any person who has ceased to be employed before the commencement date (or his executors) to give a notice under paragraph (3) of regulation C4 of those Regulations within the period mentioned in paragraph (5) of that regulation; or

c

if such a person as is specified in paragraph (a) or (b) makes a payment in pursuance of the notice, his right to count the period as respects which the payment is made under regulation D1(2)(a) of those Regulations.

6

In the case of a notice served under regulation C4(3) of those Regulations where the member has died, references in this regulation to the member shall be taken where appropriate as references to the member’s executors.