The Local Government Pension Scheme (Scotland) Regulations 1998

Regulation 9(3)

SCHEDULE 3 EXCLUDED MEMBERSHIPTABLE

Description of membership	Purposes for which membership does not count	Relevant Notes
Notes 1. For paragraph 3, a relevant member is a member who– (a) has entered the employment of a Scheme employer or former local authority after becoming entitled to payment of a pension benefit (other than a benefit under the National Insurance Act 1965(1)); (b) has entered such employment after becoming entitled to a benefit under regulation 30 and has not made an election under regulation 31(1) (or, in a case where he was able to do so, gave notice under regulation E2(9)(c) of the 1987 Regulations (retention of entitlement to preserved benefit), and the relevant benefit for a relevant member is the benefit mentioned in paragraph (a) or, as the case may be, paragraph (b). 2. Paragraph 3 applies to a maternity rights returner– (a) unless she has made an election under regulation 31(1); or (b) in a case where she was able to give notice under regulation E2(9)(c) of the 1987 Regulations (retention of entitlement to preserved benefits), if she did so. 3. Any membership, which is excluded by paragraph 4 or 5(a) for calculating the amount of a death grant under regulation 37 in a case where a pension is reduced under regulation 41, is taken from the beginning of the period of membership. 4. A period which– (a) is the excess of any enhanced membership period counted under regulation 27 (ill-health) over the total membership otherwise; or (b) is counted by virtue of F6(1)(a) or (b) of the 1987 Regulations (war service), counts as membership before attaining the age of 60 for calculating the amount of any benefit under regulations 18 to 32. 5. For paragraphs 4 and 5 the total membership includes– (a) any earlier period which was taken into account in the calculation of a retirement pension, an annual pension under the former Regulations, or a superannuation allowance under Part I of the Act of 1937, or in respect of which any pension was granted under a local Act scheme; and (b) any period by reference to which an additional benefit has been granted under regulation E13 of the 1987 Regulations (discretionary additional benefits for certain female nursing staff) or under regulation 13 of the Benefits Regulations.
1.  A credited period which is counted as a period of membership under regulation 122(1) or was counted under any corresponding earlier provision and is counted under regulation 8(1)(d).	Calculating total membership for regulation 5(3) and (5) or paragraph 2, 4, 5 or 6(1) of Schedule 4 (and see regulation 14(4)).
2.  A period credited by virtue of regulation 65(5) (including that regulation as it applies by virtue of regulation 71) or credited under regulation 122 as respects a transfer value representing accrued rights to benefits arising out of contributions made under any additional voluntary contributions scheme, where the payments began on or after 8th April 1987.	Calculating the amount of the member’s retirement grant.
3.  Any period which has already been counted to determine whether a relevant member was entitled to the relevant benefit or has been or may be used to calculate its amount.	All regulations.	(1) and (2)
4.  So much of a Class A member’s total membership as exceeds 40 years.	Calculating the amount of any benefit under the Regulations.	(3) to (5)
5.  So much of the total membership of a Class B or Class C member as– (a) is membership before he attains the age of 60 and exceeds 40 years, or (b) exceeds 45 years.	Calculating the amount of any benefit under the Regulations.	(3) to (5)
6.  So much of the membership of a member as respects whom an amount is recovered or retained under regulation 113 (misconduct obligation) as requires to be excluded to reduce the value referred to in regulation 113(2)(b) by that amount.	Calculating the amount of any benefit under regulations 18 to 32.

(1)

1965 c. 51.