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The Local Government Pension Scheme (Scotland) Regulations 1998

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  1. Introductory Text

  2. PART I PRELIMINARY PROVISIONS

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART II PRIMARY PROVISIONS

    1. CHAPTER I MEMBERSHIP

      1. Eligibility for active membership

        1. 3.General eligibility for membership: employees of Scheme employers etc.

        2. 4.Agreements to enable employees of non-Scheme employers to be members (“admission agreements”)

        3. 5.Further restrictions on eligibility

      2. Joining and leaving the Scheme

        1. 6.Joining the Scheme

        2. 7.Leaving the Scheme

    2. CHAPTER II COUNTING MEMBERSHIP FOR THE SCHEME

      1. 8.Periods of membership: “total membership”

      2. 9.Excluded membership

      3. 10.Length of period of membership: calculation of benefit

    3. CHAPTER III CONTRIBUTIONS

      1. 11.Members' contributions

      2. 12.Meaning of “pay”

      3. 13.Members with lower rate rights

      4. 14.Employer’s discretion to reduce members' contribution rate

      5. 15.Inland Revenue limits on contributions

      6. 16.Obligatory contributions during absences

      7. 17.Optional contributions during absences

    4. CHAPTER IV BENEFITS

      1. Preliminary

        1. 18.General qualification for benefits

        2. 19.Calculations

        3. 20.Final pay

        4. 21.Other final pay periods

        5. 22.Permanent reductions in pay: certificates of protection of pension benefits

        6. 23.Revenue limits

      2. Retirement benefits

        1. 24.Normal retirement

        2. 25.Redundancy etc.

        3. 26.Ill-health

        4. 27.Amounts of ill-health pension and grant

        5. 28.Re-employed pensioners

        6. 29.Further provisions about elections under regulation 28

        7. 30.Other early leavers: deferred retirement benefits and elections for early payment

        8. 31.Re-employed and rejoining deferred members

        9. 32.Surrenders of pension

        10. 33.No double entitlement

        11. 34.Requirements as to time of payment

        12. 35.Guaranteed minimum pensions etc.

        13. 36.Revaluation of guaranteed minimum

      3. Death grants

        1. 37.Death grants

        2. 38.Reduction of death grants: re-employed pensioners

      4. Surviving spouses' pensions

        1. 39.Surviving spouse’s short-term pension

        2. 40.Surviving spouse’s long-term pension

        3. 41.Reduction of some surviving spouses' pensions

        4. 42.Surviving spouse’s guaranteed minimum pension

      5. Children’s pensions

        1. 43.Meaning of “eligible child”

        2. 44.Children’s short-term pensions

        3. 45.Children’s long-term pensions

        4. 46.Discretion as to payment of children’s pensions

        5. 47.Dependants of re-employed pensioners

      6. Commutation

        1. 48.Commutation: small pensions

        2. 49.Commutation: exceptional ill-health

  4. PART III OPTIONAL ADDITIONAL BENEFITS

    1. CHAPTER I PRELIMINARY

      1. 50.Scope of Part III: limits on benefits

    2. CHAPTER II INCREASE OF MEMBERSHIP BY EMPLOYING AUTHORITY

      1. 51.Power of employing authority to increase total membership of members leaving employment at or after 50

      2. 52.Power of employing authority to increase total membership of new members

      3. 53.Effect of increases under this Chapter for older members

    3. CHAPTER III MEMBERS' OPTIONS TO INCREASE PENSIONS

      1. Purchase of added years

        1. 54.Payments to increase total membership

        2. 55.Part-time employees

        3. 56.Effect of increases under this Chapter for older members

      2. Conversion between lump sums and pensions

        1. 57.Election for pension in lieu of retirement grant

        2. 58.Election for lump sum in lieu of pension

    4. CHAPTER IV ADDITIONAL VOLUNTARY CONTRIBUTIONS

      1. Members only AVC schemes

        1. 59.Elections to pay AVCs

        2. 60.Payment of AVCs

        3. 61.Functions of employing and administering authorities

        4. 62.Death benefits

        5. 63.Retirement benefits

        6. 64.Changes of employment in which membership is continued

        7. 65.Elections as to use of accumulated value of AVCs

      2. Shared cost schemes (SCAVCs)

        1. 66.Establishment of shared cost AVC schemes (SCAVCs)

        2. 67.Applications to pay SCAVCs

        3. 68.Functions of employing and administering authorities

        4. 69.Application and investment of SCAVCs

        5. 70.Changes of employment in which membership is continued

        6. 71.Termination

  5. PART IV ADMINISTRATION

    1. CHAPTER I PENSION FUNDS AND EMPLOYERS' PAYMENTS

      1. Pension funds

        1. 72.The pension funds

        2. 73.Appropriate funds

        3. 74.Admission agreement funds

        4. 75.Accounts and audit

        5. 76.Actuarial valuations and certificates

        6. 77.Special circumstances where revised actuarial valuations and certificates must be obtained

      2. Employers' liability to make payments

        1. 78.Employer’s contributions

        2. 79.Employer’s further payments

        3. 80.Payments by employing authorities to appropriate administering authorities

      3. Interest

        1. 81.Interest

    2. CHAPTER II MEMBERS' CONTRIBUTIONS

      1. 82.Discontinuance of additional contributions

      2. 83.Separate treatment of AVCs and SCAVCs from other contributions

      3. 84.Over-provision: calculation and return of surplus AVC and SCAVC funds

      4. 85.Cost of calculations for transfer of AVCs or SCAVCs into the Scheme where no transfer is requested

      5. 86.Rights to return of contributions

      6. 87.Exclusion of rights to return of contributions

      7. 88.Deduction and recovery of member’s contributions

    3. CHAPTER III PAYMENT OF BENEFITS ETC.

      1. 89.Pension increases and cash equivalents under the Pension Schemes Act 1993

      2. 90.Pension increases under the Pensions (Increase) Acts

      3. 91.Contributions equivalent premiums

      4. 92.Commencement of pensions

      5. 93.Interest on late payment of certain benefits

      6. 94.Payments due in respect of deceased persons

      7. 95.Non-assignability

    4. CHAPTER IV DETERMINATIONS, INFORMATION AND RECORDS

      1. Initial determinations of questions

        1. 96.First instance decisions

        2. 97.Notification of decisions under regulation 96

      2. Resolution of disputes

        1. 98.Appointment of persons to resolve disputes

        2. 99.Right to apply for an appointed person to decide a disagreement

        3. 100.Decision by appointed person and notice of it

        4. 101.Reference of disagreement to the Secretary of State

        5. 102.Decision of the Secretary of State and notice of it

        6. 103.Rights of representation

        7. 104.Appeals by administering authorities

      3. Information and records etc.

        1. 105.Statements of policy concerning exercise of discretionary functions

        2. 106.Information to be supplied by employees

        3. 107.Exchange of information by authorities

        4. 108.Provision of information and calculation of restitution payment: mis-sold personal pensions

    5. CHAPTER V SPECIAL ADJUSTMENTS

      1. Abatement during new employment

        1. 109.Statements of policy concerning abatement of retirement pensions in new employment

        2. 110.Application of abatement policy in individual cases

      2. Misconduct

        1. 111.Forfeiture of pension rights after conviction of employment-related offences

        2. 112.Interim payments directions

        3. 113.Recovery or retention where former member has misconduct obligation

        4. 114.Protection of guaranteed minimum pension rights

        5. 115.Transfer of sums from the pension fund to compensate for former member’s misconduct

    6. CHAPTER VI TRANSFERS

      1. Transfers out

        1. 116.Application of Chapter IV of Part IV of the Pension Schemes Act 1993

        2. 117.Rights to payment out of fund authority’s pension fund

        3. 118.Contracting-out requirements affecting transfers out

      2. Bulk transfer arrangements

        1. 119.Bulk transfers (transfers of undertakings) etc.

        2. 120.Calculation of amount of transfer payment under regulation 119

      3. Transfers in

        1. 121.Inward transfers of pension rights

        2. 122.Right to count credited period

        3. 123.Rights as to service not matched by credited period

        4. 124.Credited periods for transferring members with mis-sold pension rights

      4. Community scheme transferees

        1. 125.Community scheme transferees

      5. Payments between funds and authorities

        1. 126.Changes of fund

        2. 127.Liability for combined benefits

  6. PART V SPECIAL CASES

    1. CHAPTER I ELIGIBILITY

      1. 128.Transport employees

      2. 129.Further cases of eligibility: non-employees

      3. 130.Separate employments etc.

    2. CHAPTER II MODIFICATIONS FOR CERTAIN EMPLOYEES ETC.

      1. 131.Former contributors

      2. 132.Employees of Scottish Homes and former employees of Scottish Special Housing Association

      3. 133.Transfers under the Local Government etc. (Scotland) Act 1994 etc: early leavers

      4. 134.Local government reorganisation

      5. 135.Persons transferred under an order under section 34 of the Local Government (Scotland) Act 1975 or in consequence of section 1 of the Education (Mentally Handicapped Children) (Scotland) Act 1974

      6. Conversion of Discretionary Payments Regulations periods into membership

        1. 136.Conversion of periods credited under Discretionary Payments Regulations etc. into membership

        2. 137.Rights under section 12 of the Superannuation Act 1972

  7. Signature

    1. SCHEDULE 1

      INTERPRETATION

    2. SCHEDULE 2

      SCHEME EMPLOYERS

      1. 1.A council constituted under section 2 of the Local Government...

      2. 2.A joint board or joint committee appointed under any enactment,...

      3. 3.A body established under section 62(1) of the Local Government...

      4. 4.The Scottish Children’s Reporter established under section 128 of the...

      5. 5.The Scottish Environment Protection Agency established under section 20 of...

      6. 6.A board of management of a college of further education...

      7. 7.A board of management of a self-governing school constituted and...

      8. 8.The Strathclyde Passenger Transport Authority established under section 40(1) of...

      9. 9.The Strathclyde Passenger Transport Executive established under section 9(1) of...

      10. 10.An area tourist board established by virtue of an order...

    3. SCHEDULE 3

      EXCLUDED MEMBERSHIP

    4. SCHEDULE 4

      REVENUE RESTRICTIONS

      1. Preliminary

        1. 1.(1) In these Regulations– “Class A member” is a member...

      2. Class A members

        1. 2.(1) This paragraph sets out limits on benefits in respect...

      3. Class B members and Class C members

        1. 3.Paragraphs 4 to 6 set out limits on benefits in...

        2. 4.(1) Subject to sub-paragraph (2), the aggregate pensions payable on...

        3. 5.(1) Subject to sub-paragraph (3), the aggregate benefit payable by...

        4. 6.(1) The years of service taken into account under paragraphs...

        5. 7.(1) If adding the additional contributions payable by a Class...

      4. Maximum additions under regulations 52 and 54

        1. 8.(1) The maximum addition under regulation 52 or 54 is–...

      5. Controlling directors

        1. 9.(1) This paragraph applies to any member who is a...

      6. Overriding provisions

        1. 10.Where, by virtue of the Taxes Act or any later...

    5. SCHEDULE 5

      APPROPRIATE FUNDS

      1. PART I GENERAL RULES

        1. 1.The appropriate fund for a member is the fund specified...

        2. 2.However, where a member falls into paragraph 5 of that...

        3. 3.Before doing so he must consult with any bodies appearing...

        4. 4.The direction may require the making of financial adjustments between...

        5. 5.It may also contain provision as to the transfer of...

        6. 6.Where an administering authority have established an admission agreement fund...

      2. PART II MISCELLANEOUS AUTHORITIESTABLE

    6. SCHEDULE 6

      1. PART III FORMER CONTRIBUTORS

        1. 1.This Schedule applies to a person– (a) who immediately before...

        2. 2.Where any relevant provision of the former scheme of a...

        3. 3.For paragraph 2 the person’s former scheme is the provisions...

        4. 4.For paragraph 2 a provision of a former scheme is...

        5. 5.For this Schedule the appropriate period is–

  8. Explanatory Note

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