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

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Regulation 5

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

SCHEDULE 1AINTERPRETATION

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.

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(4) 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(5)—

(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)

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.

(4)

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

(5)

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

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