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

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No double entitlement

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43.—(1) Where (apart from this regulation) any member would be entitled to a pension or retirement grant under 2 or more regulations by reason of the same period of membership–

(a)the member shall be entitled to benefits under only one regulation;

(b)the member may choose under which provision he or she is to be paid those benefits; and

(c)if the member does not choose, the administering authority may notify the member in writing of the provision.

(2) A member’s choice must be by notice in writing, given to the administering authority before the expiry of 3 months beginning with the day on which the member becomes entitled to choose under which provision the member’s pension or retirement grant is to be paid.

(3) Paragraph(1) does not affect the member’s rights under the Pension Schemes Act 1993(1).

(4) This regulation also applies to any survivor benefits payable under regulation 24 (survivor benefits: active members), 27 (children’s pensions), 33 (survivor benefits: deferred members), 34 (children’s pensions: deferred members), 36 (survivor benefits: pensioner members) or 37 (children’s pensions: pensioner members).

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