The Local Government Pension Scheme (Scotland) Amendment (No. 3) Regulations 2006 No. 514

PART 2 The 85 year rule

Other early leavers: deferred retirement benefits and elections for early payment

3.  In regulation 30–

(a) in paragraph (4), omit the words from the beginning of the paragraph up to and including “is less than 85 years,”; and

(b) in paragraph (7), omit the words from “or such earlier date” to the end.

Re employed and rejoining deferred members

4.  In regulation 31(5)(a), for “, 27(1) and (2) and 30(4)” substitute “and 28”.

Power of employing authority to increase total membership

5.  After regulation 51(10) insert–

“(11) An additional period arising from a resolution under this regulation on or after 1st April 2008 shall be treated as a period of membership after that date.”.

Commencement of pensions

6.  Omit regulation 92(2)(b).

Right to count credited period

7.  In regulation 122–

(a) in paragraph (4), omit the words “or, if earlier” to the end of the paragraph; and

(b) after paragraph (6), insert–

“(6A) A credited period arising from a request to accept a transfer value under regulation 121 which is made by a person who was an active member immediately before 1st December 2006 shall be treated as a period of membership before that date.

(6B) A credited period arising from a request to accept a transfer value under regulation 121 which is made by a person who becomes a member on or after 1st December 2006 shall be treated as a period of membership after that date.”.

Rights as to service not matched by credited period

8.  In regulation 123(2), omit sub paragraph (b).

Credited periods for transferring members with mis sold pension rights

9.  In regulation 124, at the end of paragraph (3) add “(and regulation 122(6B) does not apply to a transfer value credited under this regulation)”.