The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008

Application of Chapter 4 etc

73.—(1) For the purposes of–

(a) sections 12C (requirements as to transfer, commutation etc. for contracting out), 19 (discharge of liability) and 20 (transfer of accrued rights);

(b) Chapters 4 and 5; and

(c) any regulations made under any of those sections or Chapters 4 and 5,

of the 1993 Act, the managers of the Scheme in relation to a member are the fund authority.

(2) Despite regulation 2 of the Occupational Pension Schemes (Transfer Values) Regulations 1996(1) (pre 1986 leavers), Chapter 4 shall apply to all members of the Scheme regardless of the date of termination of their pensionable service.

(3) A member with a period of membership of under three months shall have the same rights to a cash transfer sum as if the three month condition in section 101AA(1)(b)(i) of the 1993 Act(2) were satisfied and Chapter 5 applied to that member.

(4) Regulation 5 of those Regulations (treatment of a number of employments as a single employment) only applies if the employments are treated as a single employment for the purposes of the Scheme.

(5) Regulation 10(2)(a) of those Regulations (interest on late payment of cash equivalents) does not apply where the member has required the cash equivalent to be paid to a club scheme.

(6) Regulation 18 of those Regulations (termination of pensionable service in certain circumstances to be disregarded) only applies if, in any case, no election has been made under regulation 13(1) (re-employed and rejoining deferred members) or regulation 14 (concurrent employments) to have the service which terminated aggregated with later or concurrent service or regulation 41(4) (rights to return of contributions) of these Regulations does not apply.

(7) For this regulation and regulation 74 (rights to payment out of fund authority’s pension funds)–

(a) the fund authority, in relation to a member, is the body maintaining the pension fund to which the member was contributing immediately before the member’s pensionable service terminated; but

(b) if that fund has been closed, the fund authority is the body which would be liable to pay to the member the member’s pension for that employment if the member had been entitled to receive payment of such a pension when the member’s pensionable service terminated.

(8) In this regulation “pensionable service” has the same meaning as in section 70 of the 1993 Act.

(1)

S.I. 1996/1847.

(2)

Section 101AA was inserted by section 264 of the Pensions Act 2004.