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The Local Government Pension Scheme (Scotland) Amendment (No. 2) Regulations 2005

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Amendment to the Local Government Pension Scheme (Scotland) Regulations 1998

2.  In the Local Government Pension Scheme (Scotland) Regulations 1998(1):–

(a)for paragraph 132(1) substitute the following–

(1) Subject to paragraph (2) and (3A), until 30th June 2005, the Scheme applies to Scottish Homes and to persons who were employed by Scottish Homes as though Scottish Homes were a Scheme employer, and an administering authority, and it applies also to Scottish Homes and persons who were employed by the Scottish Special Housing Association but have not become employees of Scottish Homes as though Scottish Homes were an administering authority in respect of those persons.

(1A) On and after 1st July 2005, the Scheme applies to persons who were employed by Scottish Homes and persons who were employed by the Scottish Special Housing Association, but who have not become employees of Scottish Homes, as though the City of Edinburgh Council is the administering authority in respect of those persons and the pension fund maintained by Scottish Homes shall vest in the City of Edinburgh Council on 1st July 2005.

(1B) For the purposes of functions, duties and activities under these Regulations, to be exercised by the former employing authority on or after 1st July 2005 the former employing authority for persons who were employed by Scottish Homes or who were employed by the Scottish Special Housing Association is the Scottish Ministers.

(1C) Where the actuary determines, after having regard to the existing and prospective liabilities of the fund, that additional funding is necessary to maintain the solvency of the fund, then Scottish Ministers will make payments to the administering authority to maintain that solvency.

(1D) For the purposes of regulation (1C)–

(a)the “actuary” is the actuary appointed by the administering authority;

(b)the “administering authority” is the administering authority specified in paragraph (1A); and

(c)the “fund” is that part of the fund maintained by the administering authority which is for the purpose of providing benefits to persons who were employed by Scottish Homes or the Scottish Special Housing Association..

(b)for paragraph 132(3) substitute the following–

(3A) Until 30th June 2005, regulation 90 shall not apply in respect of benefits payable under these Regulations out of the fund maintained by Scottish Homes.;

(c)at the end of Part II of Schedule 5 insert–

9.  Former employee of Scottish Homes

Fund maintained by City of Edinburgh Council

10.  Former employee of the Scottish Special Housing Association

Fund maintained by City of Edinburgh Council.
(1)

S.I. 1998/366 (“the principal Regulations”), of which Schedule 5 was amended by S.S.I. 2002/311. There are other amendments to the principal Regulations not relevant to these Regulations

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