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

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Regulation 6

SCHEDULE 2MINOR AND CONSEQUENTIAL AMENDMENTS TO THE LOCAL GOVERNMENT PENSION SCHEME (SCOTLAND) REGULATIONS 1998

Interpretation

1.  In regulation 2(1), for “Schedule 1 contains” substitute “Schedules 1 and 1A contain”.

Calculations

2.  In regulation 19(4), after “However, benefits payable” insert—

  • “(a)

    to a pension debit member are adjusted as provided in regulation 19A, and

    (b)

Pension debit member

3.  After regulation 19 insert—

Pension debit member

19A.(1) The amount of a pension or retirement grant payable (or, in the case of the application of regulation 40(4), deemed to be payable) to a pension debit member shall be reduced to take into account the debit to which the shareable rights of the pension debit member are subject under a pension sharing order.

(2) The amount of the reduction shall be calculated in accordance with guidance issued for this purpose by the Government Actuary.

Death grants

4.  In regulation 37 after paragraph (10) insert—

(11) In this regulation any reference to a member shall include a pension credit member..

Surviving spouse’s long-term pension

5.  In regulation 40, after paragraph (5) insert—

(5A) But where the deceased was a member within a description in paragraph (5) and a pension debit member, the long-term pension shall be equal to half the pension to which the deceased would have been entitled under regulation 24 if he had become entitled to a pension under that regulation on the date that he died (but see regulation 41)..

Children’s short-term pensions

6.  In regulation 44(1) after paragraph (5) insert—

(5A) But in the case of a pensioner member who was a pension debit member, the pension shall be calculated by reference to the retirement pension to which the deceased would have been entitled had his shareable rights not been subject to a pension debit..

Children’s long-term pensions

7.  In regulation 45, after paragraph (7) insert—

(7A) But in the case of a member referred to in paragraphs (5), (6) or (7) who was a pension debit member, the pension shall be calculated by reference to the pension to which the deceased would have been entitled had his shareable rights not been subject to a pension debit..

Interest on late payment of certain benefits

8.  In regulation 93(2)—

(a)in paragraph (7), for “or 49” substitute “,49 or 154”; and

(b)after paragraph (7) insert—

(8) In this regulation references to “member” shall include a pension credit member..

First instance decisions

9.  In regulation 96—

(a)in paragraph (2), after “must be decided” insert—

  • “(a)

    in the case of a person entitled to a pension credit or a pension credit member in relation to his pension credit benefits or his pension credit rights respectively, by his appropriate administering authority, and (b) in any other case,; and

(b)after paragraph (8) insert—

(8A) Any question in relation to a pension credit member and his pension credit rights or pension credit benefits must be decided by his appropriate administering authority as soon as reasonably practical after the question arises.

Right to apply for an appointed person to decide a disagreement

10.  In regulation 99, after paragraph 10 insert—

(11) In this regulation, “member” includes a pension credit member..

Inward transfer of pension rights

11.  In regulation 121(2) at end of sub-paragraph (e) after “Part III)” insert—

  • ,

  • but do not include rights to benefits under the scheme or arrangement which are attributable (directly or indirectly) to a pension credit.

(1)

Regulation 44 was amended by S.I. 2000/199, regulation 26.

(2)

Regulation 93 was amended by S.I. 2000/199, regulation 39

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