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The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2011

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

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15.  After regulation 14 (election in respect of additional pension), insert—

Election to pay additional contributions: survivor benefits

14A.(1) An active member may elect to pay additional contributions in respect of any period of membership occurring prior to 6th April 1988, in order to be credited with additional survivor benefits in respect of a surviving nominated cohabiting partner (within the meaning of regulation 25).

(2) An election to pay additional survivor benefits contributions (“ASBCs”) under paragraph (1), must be made no later than 30 June 2012, or in the case of a nomination being made under regulation 25, within 12 months from the date of the nomination.

(3) ASBCs may be paid—

(a)in respect of the whole of any period of membership occurring before 6th April 1988 (whether or not that period constitutes a period of complete years of membership); or

(b)in respect of complete years of membership only.

(4) The amount of ASBCs to be paid under paragraph (1) shall be calculated in accordance with actuarial guidance published by the Scottish Ministers.

(5) If an active member elects to pay ASBCs under paragraph (1), a surviving nominated cohabiting partner’s entitlement to a pension by virtue of regulation 24, 33 or 36 as the case may be, will be based on the period of membership occurring after 5th April 1988 plus any period of membership occurring before that date in respect of which the active member chooses to pay ASBCs and in respect of which the member has made completed payments, or is deemed to have completed payments in accordance with regulation 21A(9), 21B(2) or 21B(3)..

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