The Local Government Pension Scheme (Pension Sharing on Divorce) (Scotland) Regulations 2001

Regulation 5

SCHEDULE 1 SCHEDULE TO BE INSERTED IN THE LOCAL GOVERNMENT PENSION SCHEME (SCOTLAND) REGULATIONS 1998

“SCHEDULE 1A INTERPRETATION

In these Regulations—

“the 1993 Act” means the Pension Schemes Act 1993;

“the 1995 Act” means the Pensions Act 1995;

“the 1999 Act” means the Welfare Reform and Pensions Act 1999;

“appropriate fund” for a pension credit member means the fund which is the appropriate fund for the transferor on the transfer date;

“appropriate percentage” has the meaning given in regulation 142(4);

“appropriate rights” has the meaning given in regulation 144(4);

“appropriate scheme” shall be construed in accordance with section 9(5) of the 1993 Act;

“contracted out rights” has the meaning given in regulation 146(6);

“ex spouse” means an individual to whom pension credit rights under the Scheme have been or are to be allocated following a pension sharing order;

“indexing” means indexing in accordance with the Government Index of Retail Prices;

“the Inland Revenue” means the Commissioners of Inland Revenue;

“member of the Scheme” means a member of the Scheme and includes an active member, a deferred member and a pension credit member;

“normal benefit age” means 65;

“occupational pensions scheme” has the meaning given by section 1 of the 1993 Act;

“overseas arrangement” has the meaning given in regulation 145(1);

“pension credit” has the meaning given in regulation 140(b);

“pension credit benefit” means in relation to the Scheme the benefits payable under the Scheme to or in respect of a pension credit member by virtue of his appropriate rights under the Scheme attributable to a pension credit;

“pension credit member” means an individual who is a member of the Scheme, either,

(i)

solely for the provision of a pension credit benefit; or

(ii)

for the wholly separate provision of a pension credit benefit, where benefits accrue or have accrued to that individual under the Scheme for any other reason;

“pension credit rights” means rights to future benefits under the Scheme which are attributable to a pension credit;

“pension debit” has the meaning given in regulation 140(a);

“pension debit member” means a member, whether an active member, a deferred member or a pensioner member, whose shareable rights under the Scheme are subject to a pension debit;

“pension sharing order” means any order or provision which is mentioned in section 28(1) of the 1999 Act or Article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;

“pensionable service” has the meaning given by section 124(1) of the Pensions Act 1995(1);

“person responsible for a pension arrangement” has the meaning given by section 46(2) of the 1999 Act;

“personal pension scheme” has the meaning given by section 1 of the 1993 Act(2);

“Regulatory Authority” has the meaning given in regulation 149(4);

“safeguarded rights” has the meaning given in regulation 146(6);

“scheme” has the meaning given by section 101B of the 1993 Act(3);

“shareable rights” has the meaning given by section 27(2) of the 1999 Act;

“transfer day” has the meaning given in regulation 142(4);

“transferee” has the meaning given by section 29(8) of the 1999 Act;

“transferor” has the meaning given by section 29(8) of the 1999 Act; and

“trustees or managers” has the meaning given by section 46(1) of the 1999 Act.”

(1)

Section 124 was amended by the Welfare Reform and Pensions Act 1999, Schedule 12, paragraph 61.

(2)

The definition of “personal pension scheme” was amended by the Welfare Reform and Pensions Act 1999, Schedule 2, paragraph 3(1)(a).

(3)

Section 101B was inserted by section 37 of the Welfare Reform and Pensions Act 1999.