The Local Government Pension Scheme (Scotland) Regulations 2018

Changes of administering authority

97.—(1) Subject to paragraph (7), this regulation applies where—

(a) an administering authority becomes an active member’s appropriate administering authority;

(b) immediately before it does so, another administering authority was that member’s appropriate administering authority; and

(c) a member’s past period of membership has been aggregated with the current period of membership.

(2) An administering authority which has ceased to be a member’s appropriate administering authority must make a transfer value payment to the member’s new appropriate administering authority in accordance with actuarial guidance issued by the Scottish Ministers.

(3) Where paragraph (2) applies as respects 10 or more members by virtue of a single event, the amount of the payment under that paragraph is determined by agreement between an actuary appointed by the administering authority by which the payment must be made and an actuary appointed by the administering authority to which it must be made.

(4) Where the actuaries cannot agree on the amount within 12 months of the date of transfer, or where there is more than one date of transfer, within 12 months of the date of the last transfer which relates to the single event—

(a) the matter will be referred to a third actuary, chosen by agreement between the actuaries, or in default of agreement, by the President of the Institute and Faculty of Actuaries(1); and

(b) that actuary’s determination is final.

(5) The costs of determining the amount to be transferred shall be paid in equal shares by the fund held by the member’s former appropriate administering authority and the fund held by the member’s new appropriate administering authority.

(6) Any payment under paragraph (2) must be credited to the new appropriate administering authority’s fund.

(7) This regulation does not apply where a member enters an employment in local government service which is concurrent with another in which the member is also an active member.

(1)

The Institute and Faculty of Actuaries can be contacted at Staple Inn Hall, High Holborn, London WCIV 7QJ and at www.actuaries.org.uk.