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

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Eligible employees

5.  In regulation B2–

(a)for the heading there shall be substituted “Eligible employees”;

(b)in paragraphs (1) (except sub-paragraphs (h) and (i)) and (3) for the words “pensionable employees” and “pensionable employee” wherever they occur there shall be substituted “eligible employees” and “eligible employee” respectively;

(c)in paragraph (1)(a), (e) and (f) after the word “whole-time” there shall be inserted the words “or part-time”;

(d)paragraph (2) shall be deleted;

(e)in paragraph (3) the words “or (2)” shall be omitted; and

(f)after paragraph (4) there shall be added–

(5) For the purposes of these Regulations–

(a)an employee is a variable-time employee if in accordance with his terms of office or contract of employment he is to be treated as such for the purposes of these Regulations and either–

(i)his remuneration is calculated by reference to his obligations in his employment (rather than necessarily by reference to the number of hours he has worked), or

(ii)he holds an office or employment the functions of which are only exercisable on an occasional basis;

(b)an employee is a whole-time employee if his contractual hours are not less than the number of hours which, in accordance with his terms of employment, is the number of contractual hours for a person employed in that employment on a whole-time basis; and

(c)an employee is a part-time employee if he is neither a whole-time employee nor a variable-time employee.

(6) In these Regulations–

  • “the contractual hours” means–

    (i)

    the number of hours the employing authority are entitled to require the employee to work in each of the contractual weeks, or

    (ii)

    if there is any cyclical variation in those hours, the average of those hours over the cycle, or

    (iii)

    if there is any variation in those hours which is not cyclical, the average of those hours over the weeks in such period (not exceeding 12 months) as the employing authority consider appropriate, being a period for which, assuming that there will be no unpaid leave of absence, a wage or salary is payable to the employee; and

  • “the contractual weeks” means the number of weeks in every period of 12 months for which (on that assumption) a wage or salary is payable to the employee.

(7) Any person who immediately before 1st April 1998 was a pensionable employee, or had the right to make an election to become a pensionable employee, shall not be prevented from being an eligible employee by reason only of the coming into force of paragraph (5)..

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