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The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998

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Rights under old provisions affecting membership periods (extra payments, absences etc.)

11.—(1) Any notice given or having effect as if given or deemed to have been given under—

(a)regulation C3(3) or (4) of the 1987 Regulations (payments in respect of long periods away from work);

(b)regulation C3A(3) of those Regulations (payments in respect of maternity absence);

(c)regulation C4(3) of those Regulations (payments in respect of absence owing to trade dispute);

(d)regulation C6 of those Regulations (payments to increase reckonable service),

by a member to whom regulation 3(1) applies shall cease to have effect (but see regulation 14).

(2) Where a member to whom paragraph (1) applies has made any payment under regulation C3(3) or, as the case may be, regulation C3A, C4(3) or C6 of the 1987 Regulations in pursuance of the notice, the member’s appropriate administering authority must calculate the period as respects which payment has been made.

(3) That authority must notify the member of that period as soon as practicable after the commencement date.

(4) The period the member may count for regulation 8(1)(d) of the 1998 Regulations includes the period calculated under paragraph (2).

(5) Nothing in these Regulations affects–

(a)any right of any person who has ceased to be employed before the commencement date to give a notice under regulation C3(3) or C3A(3) of the 1987 Regulations not later than 30 days after he ceased to be employed;

(b)any right of any person who has ceased to be employed before the commencement date (or his executors) to give a notice under paragraph (3) of regulation C4 of those Regulations within the period mentioned in paragraph (5) of that regulation; or

(c)if such a person as is specified in paragraph (a) or (b) makes a payment in pursuance of the notice, his right to count the period as respects which the payment is made under regulation D1(2)(a) of those Regulations.

(6) In the case of a notice served under regulation C4(3) of those Regulations where the member has died, references in this regulation to the member shall be taken where appropriate as references to the member’s executors.

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