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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 (Administration) (Scotland) Regulations 2008

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28.  After regulation 21 (discontinuance of ARCs), insert—

Payment of additional contributions: survivor benefits (ASBCs)

21A.(1) A member who wishes to pay additional contributions under regulation 14A of the Benefits Regulations must make a request to do so, in writing, to the appropriate administering authority.

(2) A copy of the request must be sent to the member’s employing authority (if different) and must state the length of the period (“the ASB payment period”) over which the member wishes to pay the additional survivor benefits contributions (“ASBCs”).

(3) Before agreeing to the request, the member’s administering authority may pass a resolution requiring the member—

(a)to satisfy it that the member is in reasonably good health; and

(b)to produce to it a report by a registered medical practitioner of the results of a medical examination (obtained at the member’s own expense),

and if the administering authority is not so satisfied, it may refuse the member’s request.

(4) The ASB payment period must end before the member’s normal retirement age.

(5) The member may only pay ASBCs if the appropriate administering authority notifies the member in writing that it agrees to the request.

(6) The scheme actuary shall from time to time determine the amount of ASBCs required for any given amount of increased pension and may determine different amounts of ASBCs—

(a)for—

(i)persons of different ages; or

(ii)men or women; or

(b)by reference to the length of different payment periods.

(7) Where the appropriate administering authority agrees to the member’s request—

(a)it must notify the member and the member’s employing authority (if different) of the amount of ASBCs payable in accordance with the actuary’s determination, expressed as an amount in pounds sterling; and

(b)the member must pay those ASBCs from the next payment period (as defined in regulation 10(7)) following the date of the administering authority’s notification under paragraph (5).

(8) The actuary may at any time redetermine any amount determined under paragraph (6) and if the actuary does so, the member must pay the redetermined ASBCs from 1st April next following the redetermination.

(9) If the member pays (or is treated under regulation 21B as having paid) ASBCs for the whole of the ASB payment period, the member must be credited with the additional survivor benefits of the amount that those ASBCs purchase.

Discontinuance of ASBCs

21B.(1) A member—

(a)may stop paying ASBCs before the end of the ASB payment period if the member notifies the appropriate administering authority and the employing authority (if different) in writing; and

(b)must stop doing so if the member ceases to be an active member.

(2) If a member stops paying ASBCs before the end of the ASB payment period—

(a)on leaving their employment on the grounds of ill-health where the employing authority makes a determination under regulation 20(2) or (3) of the Benefits Regulations; or

(b)on the member’s death,

the member is to be treated as having paid ASBCs up to the end of that period.

(3) If a member stops paying ASBCs and paragraph (2) does not apply, the member must be credited with additional survivor benefits of an amount determined by the scheme actuary, having regard to the ASBCs that were paid before the member stopped paying them..

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