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The Local Government Pension Scheme (Scotland) Regulations 1998

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Joining the Scheme

6.—(1) A person who wishes to become an active member must apply in writing to his employer or future employer.

(2) An eligible person who applies before he begins his employment becomes a member when his employment begins unless he applies to join later.

(3) An eligible employee who applies becomes a member on the first day of the first payment period following the application.

(4) A payment period is a period of service to which the employee’s wages or salary payment relate.

(5) An employee is deemed to have applied to become a member, unless he notified his employer in writing that he did not wish to become a member–

(a)before his employment began; or

(b)if he only became eligible to be a member later, before the date he became eligible.

(6) Paragraph (5) does not apply to–

(a)casual employees; or

(b)former members who opted to leave the Scheme by a notification under regulation 7.

(7) An application for membership may be withdrawn before membership begins.

(8) A former active member may reapply for membership.

(9) Notwithstanding paragraph (8), a person who has given more than one notification under regulation 7 may reapply again only if–

(a)his employer or future employer consents;

(b)he is beginning a new employment with a new employing authority and he reapplies before he has been employed for three months; or

(c)he is an individual who during any period has been eligible to be a member but has instead made contributions to a personal pension scheme and has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986(1) (actions for damages in respect of contravention of rules etc. made under the Act).

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