The Local Government Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2022

Amendment of the Local Government Pension Scheme (Transitional Provisions and Savings) (Scotland) Regulations 2014

3.  In regulation 3 (membership before 1st April 2015)(1)—

(a) for paragraph (13) substitute—

“(13) A person who is a deferred member of one of the Earlier Schemes whose benefits under those Schemes have not come into payment, is not in local government service in employment from which the benefits arose, and who has attained the age of 55 or over, may elect to receive immediate payment of the benefits, reduced by the amount shown as appropriate in actuarial guidance issued by the Scottish Ministers.”,

(b) after paragraph (13) insert—

“(14) An election under paragraph (13) must be made by notice in writing to the appropriate administering authority.

(15) Where a member makes an election under paragraph (13)—

(a) the benefits become payable immediately,

(b) for the purposes of calculating benefits payable in accordance with the 1987 Scheme, the retirement pension is not to be reduced under paragraph (13) to less than the rate set out in regulation E3(15) of the 1987 Regulations,

(c) for the purposes of calculating benefits payable in accordance with the 1998 Scheme, the retirement pension is not to be reduced under paragraph (13) to less than the aggregate of the amounts set out in regulation 35(5)(a) and (b) of the 1998 Regulations,

(d) for the purposes of regulation 17, the reduction under paragraph (13) is treated as if it was made under regulation E3(14) of the 1987 regulations, regulation 30 of the 1998 Regulations or regulation 30 of the Benefit Regulations, as the case may be, and

(e) for the purposes of regulation 21(5) of the Benefit Regulations, the reduction under paragraph (13) is treated as if it had been made under regulation 30 of the Benefit Regulations.

(16) Regulation 150(7) (“appropriate rights” / “pension credit benefits” under the scheme) of the 1998 Regulations has effect with the substitution of the references to age 60 with references to age 55.

(17) Regulation 95(7) (“appropriate rights” / “pension credit benefits” under the scheme) of the Administration Regulations has effect with the substitution of the references to age 60 with references to age 55.”.

(1)

Regulation 3 was relevantly amended by S.S.I. 2015/87 and S.S.I. 2019/161.