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

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

35.  After regulation 82 (changes of fund and variable time employees), insert—

“PART 9A SPECIAL CASES

Bulk transfers in: Learning and Teaching Scotland

82A.— (1) This regulation applies to a person who on 31st March 2010 was in the employment of the Scottish Administration, and—

(a) was an active member of the principal civil service pension scheme (“PCSPS”)(1);

(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 his or her employment on 1st April 2010, from the Scottish Administration to Learning and Teaching Scotland;

(c) on 1st April 2010 became an active member of the Scheme; and

(d) opts to transfer his or her accrued rights from the PCSPS to the Scheme under special transfer arrangements.

(2) The actuaries representing the PCSPS and the actuaries representing the appropriate administering authorities must agree—

(a) the transfer value payment in respect of a person to whom this regulation applies; and

(b) the special transfer arrangements mentioned in paragraph (1)(d).

Bulk transfers in: staff formerly entitled to a pension under the SDS Scheme

82B.— (1) This regulation applies to a person who on 30th April 2010—

(a) was an active member of the SDS Scheme;

(b) ceased to be a member of the SDS Scheme as a consequence of the transfer of his or her pension entitlement on 30th April 2010, from the SDS Scheme to the Scheme;

(c) on 1st May 2010 became an active member of the Scheme; and

(d) opts to transfer his or her accrued rights from the SDS Scheme to the Scheme under special transfer arrangements.

(2) The actuaries representing the SDS Scheme and the actuaries representing the appropriate administering authorities must agree—

(a) the transfer value payment in respect of a person to whom this regulation applies; and

(b) the special transfer arrangements mentioned in paragraph (1)(d).

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

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

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

Bulk transfers in: Scottish Legal Complaints Commission

82C.— (1) This regulation applies to a person who on 30th September 2008 was in the employment of the Scottish Legal Services Ombudsman, and—

(a) was an active member of the principal civil service pension scheme (“PCSPS”)(2);

(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 his or her employment on 1st October 2008, from the Scottish Legal Services Ombudsman to the Scottish Legal Complaints Commission;

(c) on 1st October 2008 became an active member of the Scheme; and

(d) opts to transfer his or her accrued rights from the PCSPS to the Scheme under special transfer arrangements.

(2) The actuaries representing the PCSPS and the actuaries representing the appropriate administering authorities must agree—

(a) the transfer value payment in respect of a person to whom this regulation applies; and

(b) the special transfer arrangements mentioned in paragraph (1)(d).

Bulk transfers in: Social Care and Social Work Improvement Scotland

82D.— (1) This regulation applies to a person who on 31st March 2011 was in the employment of the Scottish Administration, and—

(a) was an active member of the principal civil service pension scheme (“PCSPS”)(3);

(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 his or her employment on 1st April 2011, from the Scottish Administration to Social Care and Social Work Improvement Scotland;

(c) on 1st April 2011 becomes an active member of the Scheme; and

(d) opts to transfer his or her accrued rights from the PCSPS to the Scheme under special transfer arrangements.

(2) The actuaries representing the PCSPS and the actuaries representing the appropriate administering authorities must agree—

(a) the transfer value payment in respect of a person to whom this regulation applies; and

(b) the special transfer arrangements mentioned in paragraph (1)(d).

Staff of Learning and Teaching Scotland, staff formerly entitled to a pension under the SDS Scheme, staff of the Scottish Legal Complaints Commission and staff of Social Care and Social Work Improvement Scotland

82E.   Except for the purposes of regulation 79(4), the normal retirement age of a person to whom regulation 16A (normal retirement age: staff of the Learning and Teaching Scotland), 16B (normal retirement age: staff formerly entitled to a pension under the SDS Scheme), 16C (normal retirement age: staff of the Scottish Legal Complaints Commission) and 16D (normal retirement age: staff of Social Care and Social Work Improvement Scotland) of the Benefits Regulations applies is 60; and

(a) regulations 16(7), 20(4) and 62(3) shall be construed accordingly; and

(b) in regulation 46(2) the reference to 65th birthday shall be construed as a reference to 60th birthday.”.

(1)

For the definition of the principal civil service pension scheme, see section 2(10) of the Superannuation Act 1972.

(2)

For the definition of the principal civil service pension scheme, see section 2(10) of the Superannuation Act 1972.

(3)

For the definition of the principal civil service pension scheme, see section 2(10) of the Superannuation Act 1972.