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The Local Government Superannuation (Scotland) Regulations 1987

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PART GSPECIAL PROVISIONS FOR CERTAIN CASES

Preservation of rights and liabilities of persons to whom the provisions of a local Act scheme applied immediately before 16th May 1974

G1.—(1) This regulation applies to a person who—

(a)immediately before 16th May 1974 was a local Act contributor; and

(b)became on 16th May 1974 a pensionable employee under a scheduled body.

(2) Where any provision of the person’s former local Act scheme which was similar to a provision of regulation C2, E2(1)(a) or E22 would have been more beneficial than the provision of such regulation, these Regulations have effect, for the appropriate period, as if the former provision had applied.

(3) The appropriate period for the purposes of this regulation is the period of application specified in the relevant provision of the person’s former local Act scheme, or, if no period is so specified, the period during which he continues in the employment of the scheduled body mentioned in paragraph (1)(b) or of any successor body.

Modification of the Regulations in their application to employees previously subject to a local Act scheme

G2.—(1) Where an employee—

(a)was immediately before 16th May 1974 a local Act contributor; and

(b)became on that day a pensionable employee under a scheduled body,

these Regulations shall, so long as he remains in the employment of that body or of any successor body, have effect in relation to him as if—

(i)for any reference to a provision in the former Regulations there were substituted a reference to the corresponding or similar provision in the local Act scheme; and

(ii)for any reference to an expression in column 1 of the following Table (which lists certain expressions used in these Regulations) there were substituted a reference to the expression appearing opposite thereto in column 2.

TABLE

(1)(2)

1.  The Acts of 1937 to 1953 and the Regulations made thereunder.

The appropriate local Act scheme.

2.  The appropriate superannuation fund within the meaning of the Act of 1937.

A superannuation fund maintained under the appropriate local Act scheme.

3.  Contributory employee.

Local Act contributor.

4.—(a) (ii) Contributing service, and

(b)Non-contributing service, for the purposes of the former Regulations.

Service for the purposes of the appropriate local Act scheme.

5.  The former Regulations.

The appropriate local Act scheme.

(2) In this regulation “the appropriate local Act scheme” means the local Act scheme to which an employee mentioned in paragraph (1) was subject immediately before 16th May 1974.

Standard remuneration agreements

G3.  A scheduled body may from time to time enter into an agreement with the bodies or persons representative of any class or description of employee of that scheduled body specifying the method which shall for the duration of the agreement determine—

(a)an amount representing the whole of the remuneration, or

(b)such part of his remuneration as is specified in the agreement,

of a member of that class or employee of that description.

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