The Local Government Superannuation (Scotland) Regulations 1987

Reduction of added years reckonable on payment as reckonable service

D8.—(1) This regulation applies where—

(a) a consent—

(i) was given under regulation D10 of the 1974 Regulations, or

(ii) was given under regulation 12 of the Benefits Regulations in respect of a person who became a pensionable employee under the 1974 Regulations on 16th May 1974, and

(b) the person in respect of whom the consent was given is a person in relation to whom regulation F3 applies, and

(c) the notice of election under regulation R3 of the 1974 Regulations was given within the period of 6 months beginning on the relevant date specified in paragraph (2), or in the case of a deceased employee (within the meaning of Part F) who died during that period, within the period of 12 months beginning on the date of his death, and

(d) apart from this regulation some of the person’s reckonable service would, or would if payments under regulation C9(2) were to continue up to the age specified in paragraph 1(a) or, as the case may be, paragraph 1(b) of Schedule 6 to the 1974 Regulations, be left out of account in accordance with regulation E30(1)(a) or (5).

(2) For the purposes of paragraph (1)(c) the relevant date—

(a) where regulation F3(2)(f) applies, is 5th September 1984, and

(b) in any other case, is 15th October 1982.

(3) Where this regulation applies, the consent shall be deemed always to have related not to the original number of added years but instead to the longest additional period that would not entail any such leaving out of account of reckonable service as is mentioned in paragraph (1)(d), and payments made and any remaining to be made are to be adjusted accordingly.