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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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31.  In regulation 43 (permanent reductions in pay: certificates of protection of pension benefits)—

(a)in paragraph (1)(a)—

(i)in head (i), omit “in” and “and”;

(ii)in head (ii), for “or” substitute “and”; and

(iii)after head (ii), insert—

(iii)of which the first day is a day no earlier than three years prior to the date of the reduction or, as the case may be, restriction specified in the certificate;   or.

(b)in paragraph (1)(b)—

(i)in head (i), omit “and”;

(ii)in head (ii), for “.” substitute “; and”; and

(iii)after head (ii), insert—

(iii)beginning with a day no earlier than three years prior to the date of the reduction or, as the case may be, restriction specified in the certificate..

(c)in paragraph (3)—

(i)omit “(including the member’s ill health)”; and

(ii)for “date” substitute “rate”.

(d)after paragraph (10), insert—

(11) If the member ceases to be an active member with the employing authority that issued the certificate, the certificate does not carry forward in relation to any further period of membership with another employing authority except where the member transfers employment from the employing authority that issued the certificate to employment with another employing authority as a result of a transfer—

(a)to which the Transfer of Undertakings (Protection of Employment) Regulations 2006(1) (“the TUPE Regulations”) apply; or

(b)which is treated as if it were a relevant transfer within the meaning of regulations 2(1) and (3) of the TUPE Regulations, notwithstanding regulation 3(5) of those Regulations..

(1)

S.I. 2006/246, to which there are amendments not relevant to these Regulations.

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