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The Local Government Pension Scheme (Scotland) Regulations 1998

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

133.—(1) Where–

(a)a person leaves an employment in relation to which he is an active member because he is transferred to another employment in the circumstances set out in paragraph (2); and

(b)apart from this paragraph, he would not be treated for regulation 30 (early leavers) as leaving a local government employment,

he must be so treated for that regulation.

(2) Those circumstances are–

(a)that he leaves that employment as a result of a transfer to another employment which is–

(i)an employment with the same employing authority at lower pay, or

(ii)an employment with a different employing authority; and

(b)that transfer is made by virtue of or in consequence of–

(i)an order made under section 8 of the Local Government etc. (Scotland) Act 1994 or that section as extended by sections 97 and 137 of that Act; or

(ii)the transfer to the Scottish Environment Protection Agency under section 22(1)(b)(ii) of the Environment Act 1995(1) of the property, rights and liabilities of a local authority in Scotland (as defined in section 56 of that Act).

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