http://www.legislation.gov.uk/id/uksi/1998/364/schedule/2

http://www.legislation.gov.uk/uksi/1998/364/schedule/2/crossheading/combined-benefits/made

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

Local government

Pensions

Occupational pensions

Older people

King's Printer of Acts of Parliament

2016-06-08

PENSIONS

These Regulations are supplemental to the Local Government Pension Scheme (Scotland) Regulations 1998 (S.I. 1998/366) (“the 1998 Regulations”) which set out the pension arrangements of the Local Government Pension Scheme in Scotland (“the Scheme”) from 1st April 1998 (“the commencement date”). These Regulations make provision for the transition from the arrangements for the Scheme set out in the Local Government Superannuation (Scotland) Regulations 1987 (“the 1987 Regulations”), and the other Regulations specified in Schedule 1 to these Regulations, to those set out in the 1998 Regulations. They revoke provisions of the 1987 Regulations relating to administration of the Scheme (which are replaced by provisions in Part IV of the 1998 Regulations) for all members of the Scheme (ie pensionable employees, pensioners and those with preserved benefits under the 1987 Regulations) and disapply the other provisions of the 1987 Regulations for those who are members in employment on that date (“active members”). They also provide for the continuation of most provisions of the 1987 Regulations for members who are not then active members and for the corresponding provisions of the 1998 Regulations not to apply to them.

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

Sch.2. para.1 defn(s).

The Local Government Pension Scheme (Scotland) Amendment Regulations 2000

reg.7(a)

Local Govt Pension Scheme (Transitional Provns) (S) Regs

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

reg 4A

The Local Government Pensions Etc. (Civil Partnership) (Scotland) Amendment Regulations 2005

reg 4

Sch 3

para 1

Local Govt Pension Scheme (Transitional Provns) (S) Regs

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

The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008

regs 2

sch 1

Local Govt Pension Scheme (Transitional Provns) (S) Regs

SCHEDULE 2RE-EMPLOYMENT OF MEMBERS

Combined benefits

4

1

An active pensioner or a former active pensioner may not make an election under regulation E16 of the 1987 Regulations on or after the commencement date, but he may make an election under regulation 28(1) of the 1998 Regulations.

2

A rejoining pensioner or a rejoining deferred member or a former such person may not make an election under regulation E16 of the 1987 Regulations on or after the date on which he becomes an active member again, but he may make an election under regulation 28(1) of the 1998 Regulations.

3

Where an election has been made under regulation E16 of the 1987 Regulations on or after the commencement date by a person who later becomes unable to make such an election by virtue of sub-paragraph (2)–

a

that election shall continue to have effect, and

b

that regulation shall continue to apply,

unless he makes an election under regulation 28(1) of the 1998 Regulations affecting the pension in question.

4

If he does so, regulation 28(1) to (8) of those Regulations shall apply and the saved provisions shall cease to apply to him as respects the pension in question.