Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998 (“the principal Regulations”). With the exception of regulations 4 and 5, which have retrospective effect from 4th March 1998 and 1st April 1998 respectively as authorised by section 24(3)(c) of the Superannuation Act 1972, the Regulations have effect from [coming into force date].
Regulation 3 makes an amendment which is consequential upon regulations 7 and 8.
Regulation 4 makes a minor correcting amendment.
Regulation 5(a) and (b) amends regulation 20(4) and (5) of the principal Regulations to restrict the limits on entitlement to spouse’s compensation to surviving spouses of persons who ceased employment before 1st April 1998.
Regulation 5(c) amends regulation 20 of the 1998 Regulations to allow an employing authority to determine that the cessation of entitlement to surviving spouses' compensation on remarriage or cohabitation shall not apply in any particular case.
Regulation 6 amends regulation 31(2) of the principal Regulations to provide that where the administering authority are to recover any compensation paid on behalf of the employing authority, they may do so within such period (subject to regulation 31(4)) and on such terms as they may decide.
In addition to minor drafting amendments, regulation 7(a) extends to all persons over 18 (who, in the case of those under 50, have more than 2 years qualifying employment) the provision permitting the payment of lump sum compensation for redundancy. Regulation 7(b), however, provides that the extension only covers persons who, at the material date, have a period of membership not exceeding 40 years and have not attained the age of 65.
Regulation 8 provides that no person may be paid compensation in respect of the cessation of an employment if they have already been awarded added years under regulation 51 of the Local Government Pension Scheme (Scotland) Regulations 1998 in respect of the period of that employment.
Regulation 9 introduces a requirement for each employing authority to formulate and publish their policy in connection with the exercise of their discretion to pay compensation under Parts II, III and IV of the principal Regulations.
Regulation 10 provides that the retrospective effect of regulation 5 cannot operate to any individual’s detriment.