The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2011

Election to pay additional contributions: survivor benefits14A

1

An active member may elect to pay additional contributions in respect of any period of membership occurring prior to 6th April 1988, in order to be credited with additional survivor benefits in respect of a surviving nominated cohabiting partner (within the meaning of regulation 25).

2

An election to pay additional survivor benefits contributions (“ASBCs”) under paragraph (1), must be made no later than 30 June 2012, or in the case of a nomination being made under regulation 25, within 12 months from the date of the nomination.

3

ASBCs may be paid—

a

in respect of the whole of any period of membership occurring before 6th April 1988 (whether or not that period constitutes a period of complete years of membership); or

b

in respect of complete years of membership only.

4

The amount of ASBCs to be paid under paragraph (1) shall be calculated in accordance with actuarial guidance published by the Scottish Ministers.

5

If an active member elects to pay ASBCs under paragraph (1), a surviving nominated cohabiting partner’s entitlement to a pension by virtue of regulation 24, 33 or 36 as the case may be, will be based on the period of membership occurring after 5th April 1988 plus any period of membership occurring before that date in respect of which the active member chooses to pay ASBCs and in respect of which the member has made completed payments, or is deemed to have completed payments in accordance with regulation 21A(9), 21B(2) or 21B(3).

2

Subject to regulations 16A, 16B, 16C and 16D, the normal retirement age of the Scheme is 65.

Normal retirement age: staff of Learning and Teaching Scotland16A

1

Subject to paragraphs (2) and (3), the normal retirement age of a person to whom this regulation applies is 60 and—

a

regulations 16, 20, 29 and 31 of these Regulations and sections 21A(4) and 46(2) of the Administration Regulations shall be construed accordingly;

b

references to 55 in regulation 19(1) shall be construed as references to 50 (“the age 50 protections”); and

c

references to 65th birthday in regulations 18(3) and 20(7) shall be construed as references to 60th birthday.

2

Any increases and enhancements under regulations 14(2) and 29(5) shall not apply to such a person in relation to benefits coming into payment before the age of 65.

3

Regulation 30(2) shall not apply to such a person.

4

Subject to paragraph (5), this regulation applies to a person who on 31st March 2010 was an employee of the Scottish Administration, and who on that date—

a

was an active member of the 1972 Section or the 2002 Section of the principal civil service pension scheme (“PCSPS”), or was eligible to join one of those Sections;

b

ceased to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of their employment on 1st April 2010 from the Scottish Administration to Learning and Teaching Scotland; and

c

became an active member of the Scheme.

5

The age 50 protections and paragraph (3) shall only apply if the person either—

a

became an active member of the 1972 Section or the 2002 Section of the PCSPS before 6th April 2006;

b

became an active member of the 1972 Section of the PCSPS after 5th April 2006, and rule 3.10aa (termination of pensionable service on registration or option out of the scheme) of that Section did not apply to such a person; or

c

became an active member of the 2002 Section of the PCSPS after 5th April 2006, and paragraph (3) of rule D.3 (early payment of pensions with actuarial reduction) of that Section applied to such a person.

6

In this regulation—

a

“the principal civil service pension scheme” has the same meaning as in section 2(10) of the Superannuation Act 1972;

b

“the 1972 Section” means Section II of the PCSPS; and

c

“the 2002 Section” means Section 1 of the PCSPS.

Normal retirement age: staff formerly entitled to a pension under the SDS Scheme16B

1

Subject to paragraphs (2) and (3), the normal retirement age of a person to whom this regulation applies is 60 and—

a

regulations 16, 20, 29 and 31 of these Regulations and sections 21A(4) and 46(2) of the Administration Regulations shall be construed accordingly;

b

references to 55 in regulation 19(1) shall be construed as references to 50 (“the age 50 protections”); and

c

references to 65th birthday in regulations 18(3) and 20(7) shall be construed as references to 60th birthday.

2

Any increases and enhancements under regulations 14(2) and 29(5) shall not apply to such a person in relation to benefits coming into payment before the age of 65.

3

Regulation 30(2) shall not apply to such a person.

4

Subject to paragraph (5), this regulation applies to a person who on 30th April 2010—

a

was an active member of the SDS Scheme, or was eligible to join the SDS Scheme and on 1st May 2010 became an active member of the Scheme; or

b

is a member of the Scheme employed by The Skills Development Scotland Co. Limited to whom the member’s employing authority and the appropriate administering authority agree that regulation 16B(1) shall apply.

5

The age 50 protections and paragraph (3) shall only apply if the person either—

a

became an active member of the SDS Scheme before 6th April 2006; or

b

has a protected pension age (from which the member has an actual and prospective right to a pension) of 50.

6

In this regulation the “SDS Scheme”19 means any of:

a

The Skills Development Scotland Co. Limited Retirement Benefit Scheme established by Declaration of Trust dated 19 May 2000;

b

the Scottish Enterprise Pension and Life Assurance Scheme governed by a Deed of Agreement and Trust dated 10th June 2010 and subsequent dates with Rules, Tables and Appendix attached; or

c

the Highlands and Islands Enterprise Superannuation Scheme established by Interim Trust Deed dated 3rd April 1967.

Normal retirement age: staff of the Scottish Legal Complaints Commission16C

1

Subject to paragraphs (2) and (3), the normal retirement age of a person to whom this regulation applies is 60 and—

a

regulations 16, 20, 29 and 31 of these Regulations and sections 21A(4) and 46(2) of the Administration Regulations shall be construed accordingly;

b

references to 55 in regulation 19(1) shall be construed as references to 50 (“the age 50 protections”); and

c

references to 65th birthday in regulations 18(3) and 20(7) shall be construed as references to 60th birthday.

2

Any increases and enhancements under regulations 14(2) and 29(5) shall not apply to such a person in relation to benefits coming into payment before the age of 65.

3

Regulation 30(2) shall not apply to such a person.

4

Subject to paragraph (5), this regulation applies to a person who on 30th September 2008, was an employee of the Scottish Legal Services Ombudsman, and who on that date—

a

was an active member of the 1972 Section or the 2002 Section of the principal civil service pension scheme (“PCSPS”), or was eligible to join one of those Sections;

b

ceased to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of their employment on 1st October 2008 from the Scottish Legal Services Ombudsman to the Scottish Legal Complaints Commission; and

c

became an active member of the Scheme.

5

The age 50 protections and paragraph (3) shall only apply if the person either—

a

became an active member of the 1972 Section or the 2002 Section of the PCSPS before 6th April 2006;

b

became an active member of the 1972 Section of the PCSPS after 5th April 2006, and rule 3.10aa (termination of pensionable service on resignation or option out of the scheme) of that Section did not apply to such a person; or

c

became an active member of the 2002 Section of the PCSPS after 5th April 2006, and paragraph (3) of rule D.3 (early payment of pensions with actuarial reduction) of that Section applied to such a person.

6

In this regulation—

a

“the principal civil service pension scheme” has the same meaning as in section 2(10) of the Superannuation Act 1972;

b

“the 1972 Section” means Section II of the PCSPS; and

c

“the 2002 Section” means Section 1 of the PCSPS.

Normal retirement age: staff of Social Care and Social Work Improvement Scotland16D

1

Subject to paragraphs (2) and (3), the normal retirement age of a person to whom this regulation applies is 60 and—

a

regulations 16, 20, 29 and 31 of these Regulations and sections 21A(4) and 46(2) of the Administration Regulations shall be construed accordingly;

b

references to 55 in regulation 19(1) shall be construed as references to 50 (“the age 50 protections”; and

c

references to 65th birthday in regulations 18(3) and 20(7) shall be construed as references to 60th birthday.

2

Any increases and enhancements under regulations 14(2) and 29(5) shall not apply to such a person in relation to benefits coming into payment before the age of 65.

3

Regulation 30(2) shall not apply to such a person.

4

Subject to paragraph (5), this regulation applies to a person who on 1st April 2011 was an employee of the Scottish Administration, and who on that date—

a

was an active member of the 1972 Section or the 2002 Section of the principal civil service pension scheme (“PCSPS”), or is eligible to join one of those Sections;

b

ceased to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of their employment on 1st April 2011 from the Scottish Administration to Social Care and Social Work Improvement Scotland; and

c

became an active member of the Scheme.

5

The age 50 protections and paragraph (3) shall only apply if the person either—

a

became an active member of the 1972 Section or the 2002 Section of the PCSPS before 6th April 2006;

b

became an active member of the 1972 Section of the PCSPS after 5th April 2006, and rule 3.10aa (termination of pensionable service on resignation or option out of the scheme) of that Section did not apply to such a person; or

c

became an active member of the 2002 Section of the PCSPS after 5th April 2006, and paragraph (3) of rule D.3 (early payment of pensions with actuarial reduction) of that Section applied to such a person.

6

In this regulation—

a

“the principal civil service pension scheme” has the same meaning as in section 2(10) of the Superannuation Act 1972;

b

“the 1972 Section” means Section II of the PCSPS; and

c

“the 2002 Section” means Section 1 of the PCSPS.

5

The appropriate administering authority may pay the whole of a children’s pension to a person other than an eligible child, to be applied for the benefit of such one or more eligible children as the authority may direct.

1

Where a person ceases to be an active member in one employment (“the first employment”)—

a

in respect of which the person has at least two years’ total membership; or

b

in respect of which the person has an entitlement to benefits under regulation 6 (benefits) of the Benefits Regulations; and

continues as an active member in another employment which was held concurrently with the first employment, the person may elect to have the former membership in respect of the first employment aggregated with membership in that other employment.

Payment of additional contributions: survivor benefits (ASBCs)21A

1

A member who wishes to pay additional contributions under regulation 14A of the Benefits Regulations must make a request to do so, in writing, to the appropriate administering authority.

2

A copy of the request must be sent to the member’s employing authority (if different) and must state the length of the period (“the ASB payment period”) over which the member wishes to pay the additional survivor benefits contributions (“ASBCs”).

3

Before agreeing to the request, the member’s administering authority may pass a resolution requiring the member—

a

to satisfy it that the member is in reasonably good health; and

b

to produce to it a report by a registered medical practitioner of the results of a medical examination (obtained at the member’s own expense),

and if the administering authority is not so satisfied, it may refuse the member’s request.

4

The ASB payment period must end before the member’s normal retirement age.

5

The member may only pay ASBCs if the appropriate administering authority notifies the member in writing that it agrees to the request.

6

The scheme actuary shall from time to time determine the amount of ASBCs required for any given amount of increased pension and may determine different amounts of ASBCs—

a

for—

i

persons of different ages; or

ii

men or women; or

b

by reference to the length of different payment periods.

7

Where the appropriate administering authority agrees to the member’s request—

a

it must notify the member and the member’s employing authority (if different) of the amount of ASBCs payable in accordance with the actuary’s determination, expressed as an amount in pounds sterling; and

b

the member must pay those ASBCs from the next payment period (as defined in regulation 10(7)) following the date of the administering authority’s notification under paragraph (5).

8

The actuary may at any time redetermine any amount determined under paragraph (6) and if the actuary does so, the member must pay the redetermined ASBCs from 1st April next following the redetermination.

9

If the member pays (or is treated under regulation 21B as having paid) ASBCs for the whole of the ASB payment period, the member must be credited with the additional survivor benefits of the amount that those ASBCs purchase.

Discontinuance of ASBCs21B

1

A member—

a

may stop paying ASBCs before the end of the ASB payment period if the member notifies the appropriate administering authority and the employing authority (if different) in writing; and

b

must stop doing so if the member ceases to be an active member.

2

If a member stops paying ASBCs before the end of the ASB payment period—

a

on leaving their employment on the grounds of ill-health where the employing authority makes a determination under regulation 20(2) or (3) of the Benefits Regulations; or

b

on the member’s death,

the member is to be treated as having paid ASBCs up to the end of that period.

3

If a member stops paying ASBCs and paragraph (2) does not apply, the member must be credited with additional survivor benefits of an amount determined by the scheme actuary, having regard to the ASBCs that were paid before the member stopped paying them.

Guaranteed minimum pensions46A

1

Where a member’s local government employment is contracted-out employment and he or she has a guaranteed minimum, the member is entitled from the date he or she attains pensionable age to payment of a pension at a weekly rate equal to not less than that guaranteed minimum.

2

But if the member attains pensionable age while in local government employment, the member is not so entitled until he or she leaves that employment, unless paragraph (5) applies.

3

If the member attains pensionable age while in local government employment but subsequently changes employment to employment which is not local government employment, the member is so entitled.

4

If the member changes employment to employment which is not local government employment and the member attains pensionable age while in that employment, the member is so entitled.

5

If the member—

a

continues in local government employment for a further period of five years after attaining pensionable age; and

b

does not then leave that employment,

the member is entitled from the end of the period mentioned in sub-paragraph (a) to payment of so much of his or her retirement pension as equals that guaranteed minimum.

6

Where paragraph (3), (4) or (5) applies the member may consent to a postponement of the entitlement for any period prior to the day before attaining age 75 during which the member remains in employment beyond pensionable age.

7

For the purposes of this regulation, a person has a guaranteed minimum if they have such a minimum under section 14 (earner’s guaranteed minimum) of the Pension Schemes Act 199325 in relation to benefits under these Regulations or the Benefits Regulations, and references to entitlement are to the entitlement to payment of a pension in accordance with paragraph (1).

8

In this regulation—

a

“contracted-out employment” shall be construed in accordance with section 8 of the Pension Schemes Act 1993; and

b

“pensionable age” shall be construed in accordance with section 181 of that Act.

3

The rights specified in paragraph (2)(b) do not include rights enjoyed by virtue of the receipt of a transfer value or credited by virtue of ARCs, ASBCs, AVCs or SCAVCs.

PART 9ASPECIAL CASES

Bulk transfers in: Learning and Teaching Scotland82A

1

This regulation applies to a person who on 31st March 2010 was in the employment of the Scottish Administration, and—

a

was an active member of the principal civil service pension scheme (“PCSPS”)26;

b

ceased to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of his or her employment on 1st April 2010, from the Scottish Administration to Learning and Teaching Scotland;

c

on 1st April 2010 became an active member of the Scheme; and

d

opts to transfer his or her accrued rights from the PCSPS to the Scheme under special transfer arrangements.

2

The actuaries representing the PCSPS and the actuaries representing the appropriate administering authorities must agree—

a

the transfer value payment in respect of a person to whom this regulation applies; and

b

the special transfer arrangements mentioned in paragraph (1)(d).

Bulk transfers in: staff formerly entitled to a pension under the SDS Scheme82B

1

This regulation applies to a person who on 30th April 2010—

a

was an active member of the SDS Scheme;

b

ceased to be a member of the SDS Scheme as a consequence of the transfer of his or her pension entitlement on 30th April 2010, from the SDS Scheme to the Scheme;

c

on 1st May 2010 became an active member of the Scheme; and

d

opts to transfer his or her accrued rights from the SDS Scheme to the Scheme under special transfer arrangements.

2

The actuaries representing the SDS Scheme and the actuaries representing the appropriate administering authorities must agree—

a

the transfer value payment in respect of a person to whom this regulation applies; and

b

the special transfer arrangements mentioned in paragraph (1)(d).

3

In this regulation the “SDS Scheme” means any of:

a

The Skills Development Scotland Co. Limited Retirement Benefit Scheme established by Declaration of Trust dated 19th May 2000;

b

the Scottish Enterprise Pension and Life Assurance Scheme governed by a Deed of Agreement and Trust dated 10th June 2010 and subsequent dates with Rules, Tables and Appendix attached;

c

the Highlands and Islands Enterprise Superannuation Scheme established by Interim Trust Deed dated 3rd April 1967.

Bulk transfers in: Scottish Legal Complaints Commission82C

1

This regulation applies to a person who on 30th September 2008 was in the employment of the Scottish Legal Services Ombudsman, and—

a

was an active member of the principal civil service pension scheme (“PCSPS”)27;

b

ceased to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of his or her employment on 1st October 2008, from the Scottish Legal Services Ombudsman to the Scottish Legal Complaints Commission;

c

on 1st October 2008 became an active member of the Scheme; and

d

opts to transfer his or her accrued rights from the PCSPS to the Scheme under special transfer arrangements.

2

The actuaries representing the PCSPS and the actuaries representing the appropriate administering authorities must agree—

a

the transfer value payment in respect of a person to whom this regulation applies; and

b

the special transfer arrangements mentioned in paragraph (1)(d).

Bulk transfers in: Social Care and Social Work Improvement Scotland82D

1

This regulation applies to a person who on 31st March 2011 was in the employment of the Scottish Administration, and—

a

was an active member of the principal civil service pension scheme (“PCSPS”)28;

b

ceased to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of his or her employment on 1st April 2011, from the Scottish Administration to Social Care and Social Work Improvement Scotland;

c

on 1st April 2011 becomes an active member of the Scheme; and

d

opts to transfer his or her accrued rights from the PCSPS to the Scheme under special transfer arrangements.

2

The actuaries representing the PCSPS and the actuaries representing the appropriate administering authorities must agree—

a

the transfer value payment in respect of a person to whom this regulation applies; and

b

the special transfer arrangements mentioned in paragraph (1)(d).

Staff of Learning and Teaching Scotland, staff formerly entitled to a pension under the SDS Scheme, staff of the Scottish Legal Complaints Commission and staff of Social Care and Social Work Improvement Scotland82E

Except for the purposes of regulation 79(4), the normal retirement age of a person to whom regulation 16A (normal retirement age: staff of the Learning and Teaching Scotland), 16B (normal retirement age: staff formerly entitled to a pension under the SDS Scheme), 16C (normal retirement age: staff of the Scottish Legal Complaints Commission) and 16D (normal retirement age: staff of Social Care and Social Work Improvement Scotland) of the Benefits Regulations applies is 60; and

a

regulations 16(7), 20(4) and 62(3) shall be construed accordingly; and

b

in regulation 46(2) the reference to 65th birthday shall be construed as a reference to 60th birthday.