The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008

Membership accrued before 1st April 2009: active members

3.—(1) This regulation applies to a person who was an active member of the 1998 Scheme and becomes a member of the Scheme by virtue of regulation 3(2) (active members) of the Benefits Regulations.

(2) Notwithstanding the revocations effected by regulation 2, the regulations listed in Schedule 1 continue to have effect so far as is necessary so that–

(a) the member’s total membership accrued in the 1998 Scheme in respect of, or calculated by reference to, the member’s service before 1st April 2009, and the pension rights accrued at that date, are preserved; and

(b) the member’s benefits accrued under the 1998 Scheme are payable immediately where benefits become payable without reduction under regulations 16 (retirement benefits), 17 (retirement after normal retirement date), 19 (early leavers: inefficiency and redundancy) or 20 (early leavers' ill health) of the Benefits Regulations, or with the appropriate actuarial reduction in line with guidance produced by the scheme actuary where benefits become payable under regulations 18 (flexible retirement) or 30 (choice of early payment of pension) of the Benefits Regulations.

(3) But the member’s pay, for the purposes of any calculation of benefits under paragraph (2), is calculated in accordance with regulations 9 (final pay: general) and 11 (final pay: fees) of the Benefits Regulations.

(4) And, for the purposes of regulations 24 (survivor benefits: active members), 33 (survivor benefits: deferred members) or 36 (survivor benefits: pensioner members) of the Benefits Regulations as they apply to nominated cohabiting partners or civil partners, only periods of membership after 5th April 1988 are to be taken into account.

(5) In paragraph (2) but subject to paragraph (3), references to total membership, pension rights and benefits accrued in or under the 1998 Scheme are to such membership, pension rights and benefits calculated in accordance with the regulations listed in Schedule 1.