The Local Government Pension Scheme (Scotland) Amendment (No. 3) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations make a number of amendments to the Local Government Pension Scheme (Scotland) constituted by the Local Government Pension Scheme (Scotland) Regulations, as amended (“the principal Regulations”).

Part 2 deals with the so called “85 year rule”. This term refers to the current provisions of the Scheme which allow members to retire early and take their pension entitlements without actuarial reduction if the sum of their age and their length of service exceeds 85 years. Members over 60 can do so as of right; members over 50 but under 60 require their employer’s consent. This rule is removed by these Regulations, although it will continue to have effect for a transitional period in respect of existing Scheme members by virtue of the transitional provisions contained in the Schedule.

Part 3 makes various miscellaneous amendments to the principal Regulations. These include the addition of the Scottish Police Services Authority (“SPSA”) as a Scheme employer. Schedule 5 to the principal Regulations sets out the appropriate fund for each member of the Scheme. Employees of the SPSA will generally be in the fund administered by City of Glasgow Council. Regulation 17 makes provision so that civilian employees of certain police forces who transfer to the SPSA remain with the fund which previously administered their pension. Regulations 10 and 11 correct previous drafting errors concerning effective dates.