The Local Government Pension Scheme Amendment (Scotland) Regulations 2009

Citation and commencement

1.  These Regulations may be cited as the Local Government Pension Scheme Amendment (Scotland) Regulations 2009 and shall come into force on 1st April 2009.

Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008

2.  The Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008(1) are amended in accordance with regulations 3 to 7.

3.  In regulation 2 (interpretation), for ““pension member”” substitute ““pensioner member””.

4.  In regulation 3(3) (active members), for “a contract of employment of more than three months' duration” substitute “a contract of employment of a duration of three months or more”.

5.  In regulation 11(2) (final pay: fees) for “ending 31st March” substitute “on the anniversary of the date on which the member left the employment”.

6.  In regulation 29(4) (calculation on leaving early), for “regulation 7(2)” substitute “regulation 7”.

7.  In regulation 31(2) (early payment of pension: ill health), before “authority” insert “administering”.

Amendment of the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008

8.  The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008(2) are amended in accordance with regulations 9 to 12.

9.  In the entry of the list of contents relating to regulation 25, for “regulation 24(4)” substitute “regulation 23(4)”.

10.  In regulation 3(1)(b) (general eligibility for membership), for “regulation 3(3)” substitute “regulation 3(2)”.

11.  For regulation 8(3)(b) (separate employments etc.) substitute–

“(b) a returning officer (including as a regional or local returning officer at a European Parliamentary election) (3).”.

12.  In regulation 12(5) (periods of membership), for “regulation 7(1)(a)” substitute “regulation 7(a)”.

Amendment of the Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008

13.  The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008(4) are amended in accordance with regulations 14 and 15.

14.  In regulation 15(2)(b) (communities scheme transferees), for “the 1987 Regulations” substitute “the 1987 Scheme”.

15.  In Schedule 2 (the 85 year rule: transitional provisions and savings)–

(a) in paragraph 1–

(i) omit “Subject to paragraph 7,”; and

(ii) for “regulation 18(2)” substitute “regulation 18(3)”;

(b) in paragraph 4(1), for “regulation 14” substitute “regulation 13”; and

(c) omit paragraph 6(3).

JOHN SWINNEY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

5th March 2009