The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998

Persons to whom this Part applies

34.—(1) This Part applies where any person who is or is eligible to be a LGSS member–

(a) ceases on or after 28th December 1994 to hold his employment with a LGSS employer–

(i) by reason of redundancy; or

(ii) in the interests of the efficient exercise of that employer’s functions;

(b) is not in respect of that loss of employment–

(i) entitled to have his case considered for the payment of compensation under Part III; or

(ii) disentitled to a redundancy payment under Part VI of the 1978 Act by virtue of section 142(2) of that Act or, as the case may be, under Part XI of the 1996 Act by virtue of section 197(3) of that Act (agreements to exclude rights to redundancy payments on expiry of short fixed term contracts);

(c) is entitled to count a qualifying employment amounting–

(i) in the case of a person who on the material date has attained the age of 18 but not the age of 50, to at least 2 years; and

(ii) in the case of a person who on that date has attained the age of 50, to less than 2 years; and

(d) is not a person to whom Part II of the Local Government (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995(1) applies.

(2) In determining for the purposes of paragraph (1) whether a person is eligible to be a LGSS member, the fact–

(a) that his contract of employment is not for at least 35 weeks a year; or

(b) that notice has been given to him under regulation B4B(6) of the Superannuation Regulations,

shall be disregarded.

(1)

S.I. 1995/340.