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The Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008

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Calculation on leaving early

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29.—(1) This regulation applies in the case of a member who leaves his or her employment or otherwise ceases to be a member and is not entitled to immediate payment of retirement pension under any of regulations 16 (retirement benefits) to 20 (early leavers: ill-health).

(2) The member’s entitlement to benefits that would, apart from any other provision of these Regulations, become payable on the member’s attaining normal retirement age, is calculated in accordance with regulation 8 (calculation of length of periods of membership) as at the date of the member leaving such employment.

(3) Subject to regulation 30 (choice of early payment of pension) and 31 (early payment of pension: ill-health), the member’s retirement pension becomes payable on attaining normal retirement age.

(4) But that entitlement is extinguished if an aggregation takes place under regulation 7(2) (periods of membership) or if a transfer out takes place under regulation 74 (rights to payment out of fund authority’s pension fund), 75 (contracting out requirements affecting transfers out) or 76 (bulk transfers (transfers of undertakings etc.)) of the Administration Regulations.

(5) Where a member chooses not to receive payment of his or her retirement pension, or any part of it, immediately on attaining normal retirement age, the member’s entitlement is enhanced in accordance with guidance issued by the scheme actuary.

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