Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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

This section has no associated Executive Note

17.  After regulation 16 insert—

Normal retirement age: staff of Learning and Teaching Scotland

16A.(1) Subject to paragraphs (2) and (3), the normal retirement age of a person to whom this regulation applies is 60 and—

(a)regulations 16, 20, 29 and 31 of these Regulations and sections 21A(4) and 46(2) of the Administration Regulations shall be construed accordingly;

(b)references to 55 in regulation 19(1) shall be construed as references to 50 (“the age 50 protections”); and

(c)references to 65th birthday in regulations 18(3) and 20(7) shall be construed as references to 60th birthday.

(2) Any increases and enhancements under regulations 14(2) and 29(5) shall not apply to such a person in relation to benefits coming into payment before the age of 65.

(3) Regulation 30(2) shall not apply to such a person.

(4) Subject to paragraph (5), this regulation applies to a person who on 31st March 2010 was an employee of the Scottish Administration, and who on that date—

(a)was an active member of the 1972 Section or the 2002 Section of the principal civil service pension scheme (“PCSPS”), or was eligible to join one of those Sections;

(b)ceased to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of their employment on 1st April 2010 from the Scottish Administration to Learning and Teaching Scotland; and

(c)became an active member of the Scheme.

(5) The age 50 protections and paragraph (3) shall only apply if the person either—

(a)became an active member of the 1972 Section or the 2002 Section of the PCSPS before 6th April 2006;

(b)became an active member of the 1972 Section of the PCSPS after 5th April 2006, and rule 3.10aa (termination of pensionable service on registration or option out of the scheme) of that Section did not apply to such a person; or

(c)became an active member of the 2002 Section of the PCSPS after 5th April 2006, and paragraph (3) of rule D.3 (early payment of pensions with actuarial reduction) of that Section applied to such a person.

(6) In this regulation—

(a)“the principal civil service pension scheme” has the same meaning as in section 2(10) of the Superannuation Act 1972;

(b)“the 1972 Section” means Section II of the PCSPS; and

(c)“the 2002 Section” means Section 1 of the PCSPS.

Normal retirement age: staff formerly entitled to a pension under the SDS Scheme

16B.(1) Subject to paragraphs (2) and (3), the normal retirement age of a person to whom this regulation applies is 60 and—

(a)regulations 16, 20, 29 and 31 of these Regulations and sections 21A(4) and 46(2) of the Administration Regulations shall be construed accordingly;

(b)references to 55 in regulation 19(1) shall be construed as references to 50 (“the age 50 protections”); and

(c)references to 65th birthday in regulations 18(3) and 20(7) shall be construed as references to 60th birthday.

(2) Any increases and enhancements under regulations 14(2) and 29(5) shall not apply to such a person in relation to benefits coming into payment before the age of 65.

(3) Regulation 30(2) shall not apply to such a person.

(4) Subject to paragraph (5), this regulation applies to a person who on 30th April 2010—

(a)was an active member of the SDS Scheme, or was eligible to join the SDS Scheme and on 1st May 2010 became an active member of the Scheme; or

(b)is a member of the Scheme employed by The Skills Development Scotland Co. Limited to whom the member’s employing authority and the appropriate administering authority agree that regulation 16B(1) shall apply.

(5) The age 50 protections and paragraph (3) shall only apply if the person either—

(a)became an active member of the SDS Scheme before 6th April 2006; or

(b)has a protected pension age (from which the member has an actual and prospective right to a pension) of 50.

(6) In this regulation the “SDS Scheme”(1) means any of:

(a)The Skills Development Scotland Co. Limited Retirement Benefit Scheme established by Declaration of Trust dated 19 May 2000;

(b)the Scottish Enterprise Pension and Life Assurance Scheme governed by a Deed of Agreement and Trust dated 10th June 2010 and subsequent dates with Rules, Tables and Appendix attached; or

(c)the Highlands and Islands Enterprise Superannuation Scheme established by Interim Trust Deed dated 3rd April 1967.

Normal retirement age: staff of the Scottish Legal Complaints Commission

16C.(1) Subject to paragraphs (2) and (3), the normal retirement age of a person to whom this regulation applies is 60 and—

(a)regulations 16, 20, 29 and 31 of these Regulations and sections 21A(4) and 46(2) of the Administration Regulations shall be construed accordingly;

(b)references to 55 in regulation 19(1) shall be construed as references to 50 (“the age 50 protections”); and

(c)references to 65th birthday in regulations 18(3) and 20(7) shall be construed as references to 60th birthday.

(2) Any increases and enhancements under regulations 14(2) and 29(5) shall not apply to such a person in relation to benefits coming into payment before the age of 65.

(3) Regulation 30(2) shall not apply to such a person.

(4) Subject to paragraph (5), this regulation applies to a person who on 30th September 2008, was an employee of the Scottish Legal Services Ombudsman, and who on that date—

(a)was an active member of the 1972 Section or the 2002 Section of the principal civil service pension scheme (“PCSPS”), or was eligible to join one of those Sections;

(b)ceased to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of their employment on 1st October 2008 from the Scottish Legal Services Ombudsman to the Scottish Legal Complaints Commission; and

(c)became an active member of the Scheme.

(5) The age 50 protections and paragraph (3) shall only apply if the person either—

(a)became an active member of the 1972 Section or the 2002 Section of the PCSPS before 6th April 2006;

(b)became an active member of the 1972 Section of the PCSPS after 5th April 2006, and rule 3.10aa (termination of pensionable service on resignation or option out of the scheme) of that Section did not apply to such a person; or

(c)became an active member of the 2002 Section of the PCSPS after 5th April 2006, and paragraph (3) of rule D.3 (early payment of pensions with actuarial reduction) of that Section applied to such a person.

(6) In this regulation—

(a)“the principal civil service pension scheme” has the same meaning as in section 2(10) of the Superannuation Act 1972;

(b)“the 1972 Section” means Section II of the PCSPS; and

(c)“the 2002 Section” means Section 1 of the PCSPS.

Normal retirement age: staff of Social Care and Social Work Improvement Scotland

16D.(1) Subject to paragraphs (2) and (3), the normal retirement age of a person to whom this regulation applies is 60 and—

(a)regulations 16, 20, 29 and 31 of these Regulations and sections 21A(4) and 46(2) of the Administration Regulations shall be construed accordingly;

(b)references to 55 in regulation 19(1) shall be construed as references to 50 (“the age 50 protections”; and

(c)references to 65th birthday in regulations 18(3) and 20(7) shall be construed as references to 60th birthday.

(2) Any increases and enhancements under regulations 14(2) and 29(5) shall not apply to such a person in relation to benefits coming into payment before the age of 65.

(3) Regulation 30(2) shall not apply to such a person.

(4) Subject to paragraph (5), this regulation applies to a person who on 1st April 2011 was an employee of the Scottish Administration, and who on that date—

(a)was an active member of the 1972 Section or the 2002 Section of the principal civil service pension scheme (“PCSPS”), or is eligible to join one of those Sections;

(b)ceased to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of their employment on 1st April 2011 from the Scottish Administration to Social Care and Social Work Improvement Scotland; and

(c)became an active member of the Scheme.

(5) The age 50 protections and paragraph (3) shall only apply if the person either—

(a)became an active member of the 1972 Section or the 2002 Section of the PCSPS before 6th April 2006;

(b)became an active member of the 1972 Section of the PCSPS after 5th April 2006, and rule 3.10aa (termination of pensionable service on resignation or option out of the scheme) of that Section did not apply to such a person; or

(c)became an active member of the 2002 Section of the PCSPS after 5th April 2006, and paragraph (3) of rule D.3 (early payment of pensions with actuarial reduction) of that Section applied to such a person.

(6) In this regulation—

(a)“the principal civil service pension scheme” has the same meaning as in section 2(10) of the Superannuation Act 1972;

(b)“the 1972 Section” means Section II of the PCSPS; and

(c)“the 2002 Section” means Section 1 of the PCSPS..

(1)

The Skills Development Scotland Co. Limited (SDS) is a company limited by guarantee (Company Number SC202659) and registered in Scotland.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources