The Local Government Superannuation (Scotland) Regulations 1987

Regulation C9(4)

SCHEDULE 7 OUTSTANDING PAYMENTS UNDER 1974 REGULATIONS

1.  Paragraphs 2 to 7 apply while any amount is outstanding in respect of payments under regulation D6, D7 or D8 of the l974 Regulations which remain payable by virtue of regulation C9(4) of these Regulations.

2.  Compound interest, calculated at the rate of 3% per annum with half-yearly rests, is payable on the amount for the time being outstanding.

3.  If a benefit calculated by reference to the length of the employee’s reckonable service becomes payable to or in respect of him, the amount outstanding is to be recovered by deducting it from any amount payable by way of benefits.

4.  If benefits become payable to or in respect of the employee under these Regulations but none of them is calculated by reference to the length of his reckonable service, the amount outstanding ceases to be payable.

5.  Subject to paragraphs 6 and 7, if the employee ceases to hold his employment and no benefit becomes payable to him, the amount then outstanding ceases to be payable.

6.  If the employee becomes entitled to preserved benefits and does not elect to receive a payment under regulation C12(4) (return of contributions), he may, by notice in writing given to his employing authority within 3 months after becoming entitled to those benefits, elect to pay in a lump sum to that authority the amount outstanding.

7.—(1) If the employee ceases to hold his employment and—

(a) no benefit becomes payable to him, and

(b) he has paid all the instalments due up to the date when he ceased to hold his employment, and

(c) within 12 months after that date he has again entered local government employment, without having—

(i) elected to receive a payment under regulation C12(4), or

(ii) made a request for earlier payment under regulation C12(7)(b),

he may, subject to sub-paragraphs (2) and (3), pay the amount outstanding as if he had not ceased to hold the first employment.

(2) The amount outstanding is payable to the new employing authority or, where there are more than one, among them in the proportions which the employee’s remuneration in each of the employments bear to the aggregate of his remuneration in all the employments.

(3) An apportionment under sub-paragraph (2) takes effect as if the employee had entered all the employments to which it relates on the date on which he entered the first of them, and any payments made by him under this paragraph before the apportionment are to be adjusted accordingly.