The Local Government Pension Scheme (Scotland) Regulations 1998

Transfers under the Local Government etc. (Scotland) Act 1994 etc: early leavers

133.—(1) Where–

(a) a person leaves an employment in relation to which he is an active member because he is transferred to another employment in the circumstances set out in paragraph (2); and

(b) apart from this paragraph, he would not be treated for regulation 30 (early leavers) as leaving a local government employment,

he must be so treated for that regulation.

(2) Those circumstances are–

(a) that he leaves that employment as a result of a transfer to another employment which is–

(i) an employment with the same employing authority at lower pay, or

(ii) an employment with a different employing authority; and

(b) that transfer is made by virtue of or in consequence of–

(i) an order made under section 8 of the Local Government etc. (Scotland) Act 1994 or that section as extended by sections 97 and 137 of that Act; or

(ii) the transfer to the Scottish Environment Protection Agency under section 22(1)(b)(ii) of the Environment Act 1995(1) of the property, rights and liabilities of a local authority in Scotland (as defined in section 56 of that Act).

(1)

1995 c. 25.