The Local Government Pension Scheme (Scotland) Amendment Regulations 2015

Amendment of regulation 9

53.—(1) In regulation 9—

(a) at the end of paragraph (1) insert “since ceasing active membership in the scheme from which the transfer payment is received”;

(b) for paragraph (3) substitute—

“(3A) This paragraph applies where a transfer payment is received in respect of a member of the 2015 Scheme from—

(a) a registered pension scheme which is not a public service pension scheme,

(b) a registered pension scheme which is a public service pension scheme and the person in respect of whom the transfer payment is received has had a continuous break in active membership of any public service pension scheme of more than five years since ceasing active membership in the scheme from which the transfer payment is received,

(c) a registered pension scheme which is a public service pension scheme and the transfer payment is not a Club transfer payment (under the rules of the Public Sector Transfer Club), or

(d) a European Pensions Institution.

(3B) Where paragraph (3A) applies and the relevant date was before 1st April 2015, that transfer payment shall be dealt with by the appropriate administering authority as if it had been received in respect of membership of the 2009 Scheme.”; and

(c) in paragraph (4) for “(3)” substitute “(3B)”.