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The Local Government Superannuation (Scotland) Amendment (No.4) Regulations 1997

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Entitlement to preserved benefits on transfer to a new authority under the Local Government etc. (Scotland) Act 1994 or on dissolution of a development corporation

15.  After regulation E2 there shall be inserted–

Entitlement to preserved benefits on transfer to a new authority under the Local Government etc. (Scotland) Act 1994 or on dissolution of a development corporation

E2A.(1) Where a person has suffered a reduction of remuneration within the meaning of regulation E24–

(a)(i)on transferring from an existing local authority to a new authority under or by virtue of an order under section 8 of the Local Government etc. (Scotland) Act 1994(1) or that section as extended by section 97 or 137 of that Act, or

(ii)on ceasing to be employed by a development corporation established under the New Towns (Scotland) Act 1968(2) and obtaining employment with a new authority, all as a consequence of the dissolution (or proposed dissolution) of that corporation; or

(b)after such transfer or change of employment and before 30th June 1997, which reduction is attributable to any provision of, or made under, the said Act of 1994,

and is in respect of that reduction entitled to be issued with a certificate under regulation E24, he may instead, unless at the date of transfer he fulfils the conditions of regulation E2(1)(a) or (b), elect to take preserved benefits in relation to his employment with the existing local authority.

(2) An election for the purposes of paragraph (1) shall be made by giving notice in writing to the appropriate administering authority and the employing authority within 12 months after the date of the reduction in remuneration or 6 months after 12th January 1998 whichever is the later.

(3) Where such an election is validly made, the person shall–

(a)notwithstanding any provision of the Local Government etc. (Scotland) Act 1994 regarding persons transferred, be treated for the purposes of these Regulations, other than regulations C12, E16 and E17, as having ceased to hold his employment with the existing local authority and as having entered a new local government employment at the date of transfer; and

(b)not be entitled to issue of a certificate under regulation E24 and any such certificate already issued shall cease to have effect.

(4) In paragraph (1)

  • “existing local authority” has the same meaning as in section 9 of the Local Government etc. (Scotland) Act 1994 except that–


    in relation to persons transferring to a water and sewerage authority, it includes an island council and the Central Scotland Water Development Board established under section 3 of the Water (Scotland) Act 1967(3); and


    in relation to persons transferring to the Scottish Children’s Reporter Administration, it includes an islands council;

  • “new authority” means–


    any of the following established under the Local Government etc. (Scotland) Act 1994–


    a council established under section 2;


    a water and sewerage authority established under section 62(1); or


    the Scottish Children’s Reporter Administration established under section 128; or


    a joint board the constituent authorities of which are all councils established under the said section 2..

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