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

1. Introductory Text

2. Preliminary provisions

   1. 1. Citation and commencement

   2. 2. Interpretation

3. Application of 1998 Regulations and old provisions

   1. 3. Cessation of old provisions for active members

   2. 4. Deferred members and pensioners: general

   3. 5. Re-employment of members

4. Counting old membership of existing members under 1998 Regulations

   1. 6. Entitlement of active members to count old membership

   2. 7. Entitlement of re-employed members to count old membership

   3. 8. Membership before 1st April 1972

   4. 9. Women with membership before 6th April 1988

   5. 10. Certain members with membership before 16th May 1974

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

   7. 12. Rights under regulation C9 of the 1987 Regulations: counting of membership

5. Augmentation

   1. 13. Duty of employing authority to increase total membership of members with membership before the commencement date

6. Special provisions about rights relating to old membership

   1. 14. Continuity of elections within regulation 11(1)

   2. 15. Continuity of rights within regulation 12(1)

   3. 16. Temporary right to pay off liabilities under regulation 15 by capital payment

   4. 17. Re-employment after return of contributions: service before 6th April 1978

   5. 18. Equivalent pension benefits

7. Pension funds and authorities

   1. 19. Superannuation funds and appropriate fund authorities

   2. 20. Continuation of employers' liability for certain payments

8. Special cases

   1. 21. Civil servants transferred to the Scottish Environment Protection Agency

   2. 22. Former members of NHS Superannuation Scheme for Scotland

   3. 23. Community scheme transferees

9. Supplementary provisions

   1. 24. Cost of resolutions

   2. 25. Minor and consequential amendments

   3. 26. Transitional provisions and savings

   4. 27. Revocations

10. Signature

11. 1. SCHEDULE 1

       ADDITIONAL REGULATIONS WHICH ARE “OLD PROVISIONS”

    2. SCHEDULE 2

       RE-EMPLOYMENT OF MEMBERS

       1. Interpretation

          1. 1. In this Schedule– “active pensioner” means a person who was...

       2. Active and rejoining pensioners: general

          1. 2. Despite regulation 3– (a) the saved provisions shall continue to...

       3. Re-employment and abatement

          1. 3. (1) Where immediately before the commencement date regulation E15 of...

       4. Combined benefits

          1. 4. (1) An active pensioner or a former active pensioner may...

       5. Separate benefits and dependants' benefits

          1. 5. (1) This paragraph applies where an active pensioner, a rejoining...

       6. Members with preserved rights

          1. 6. (1) Where immediately before the commencement date there is an...

       7. Elections for aggregation: members rejoining immediately before commencement

          1. 7. Where immediately before the commencement date a member was eligible...

       8. Limitations on benefits

          1. 8. (1) Where an active pensioner, a rejoining pensioner or a...

       9. Continuity of elections by certain rejoining deferred members

          1. 9. (1) This sub-paragraph applies where a rejoining deferred member–

    3. SCHEDULE 3

       MINOR AND CONSEQUENTIAL AMENDMENTS

       1. The Local Government Superannuation (Scotland) Regulations 1987

          1. 1. (1) The Local Government Superannuation (Scotland) Regulations 1987 are amended...

       2. The Local Government, Teachers' and National Health Service (Scotland) Pension Schemes (Provision of Information and Administrative Expenses etc.) Regulations 1996

          1. 2. The Local Government Teachers' and National Health Service (Scotland) Pensions...

       3. The Local Government Superannuation (Scottish Environment Protection Agency) (Scotland) Regulations 1997

          1. 3. (1) The Local Government Superannuation (Scottish Environment Protection Agency) Regulations...

       4. The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998

          1. 4. (1) The Local Government (Discretionary Payments and Injury Benefits) (Scotland)...

    4. SCHEDULE 4

       TRANSITIONAL PROVISIONS AND SAVINGS

       1. 1. In this Schedule– (a) “the former provisions” means any provisions...

       2. 2. (1) The substitution of the 1998 provisions for the former...

       3. 3. (1) Where– (a) any provision continues to have effect in...

       4. 4. (1) Without prejudice to the generality of the previous provisions...

       5. 5. No provision in the 1998 Regulations derived from a provision...

       6. 6. These Regulations do not affect the time before or after...

       7. 7. Despite regulation 3(1), regulation E2A(1) of the 1987 Regulations shall...

       8. 8. Despite regulation 4, regulation 92 of the 1998 Regulations shall...

       9. 9. (1) If any person to whom a relevant benefit is...

12. Explanatory Note