The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008
S.S.I. 2008/228 · Made 4 June 2008 · Extends to Scotland
PENSIONS
Made 4th June 2008
Laid before the Scottish Parliament 6th June 2008
Coming into force 1st April 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 7 of and Schedule 3 to the Superannuation Act 1972f1 and all other powers enabling them to do so.
In accordance with section 7(5) of that Act, they have consulted such associations of local authorities as appeared to them to be concerned, such local authorities with whom consultation appeared to them to be desirable, and such representatives of other persons likely to be affected by the proposed regulations as appeared to them to be appropriate.
Annotations to the whole text
Footnotes
- f1
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1972 c. 11. The functions of the Secretary of State exercised in the making of these Regulations were transferred to the Scottish Ministers as regards Scotland by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999, article 2 and Schedule 1 (S.I. 1999/1750).
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: MEMBERSHIP OF SCHEME
- 3General eligibility for membership
- 4Employees of non-Scheme employers: community admission bodies
- 5Employees of non-Scheme employers: transferee admission bodies
- 6Admission agreements – further provisions
- 7Eligibility in certain cases of persons who are not employees
- 8Separate employments etc.
- 9Further restrictions on eligibility
- 10Joining the Scheme
- 11Ending of membership
- 12Periods of membership
- 13Re-employed and rejoining deferred members
- 14Concurrent employments
- Part 3: CONTRIBUTIONS
- 15Contributions during child-related leave
- 16Contributions during reserve forces service leave
- 17Contributions during trade dispute absence
- 18Contributions during absences with permission
- 19Applications to make absence contributions
- 20Payment of additional regular contributions (ARCs)
- 21Discontinuance of ARCs
- 22Additional voluntary contributions and shared cost additional voluntary contributions
- 23Use of accumulated value of AVCs and SCAVCs
- 24Separate treatment of AVCs and SCAVCs from other contributions
- 25Cost of calculations of additional pension where no notification given under regulation 23(4)
- Part 4: PENSION FUNDS AND EMPLOYERS PAYMENTS
- 26The pension funds
- 27Governance compliance statement
- 28Appropriate funds
- 29Admission agreement funds
- 30Accounts and audit
- 31Funding strategy statement
- 32Actuarial valuations and certificates
- 33Supply of copies of valuations, certificates etc
- 34Special circumstances where revised actuarial valuations and certificates must be obtained
- 35Employer’s contributions
- 36Employer’s payment following resolution to increase membership or award additional pension
- 37Employer’s further payments
- 38Payment by employing authorities to appropriate administering authorities
- 39Interest
- 40Deduction and recovery of member’s contributions
- 41Rights to return of contributions
- 42Exclusion of rights to return of contributions
- 43Permanent reductions in pay: certificates of protection of pension benefits
- Part 5: PAYMENT OF BENEFITS ETC
- 44Pension increases under the Pension Schemes Act 1993
- 45Contributions equivalent premiums
- 46Commencement of pensions
- 47Interest on late payment of certain benefits
- 48Payments due in respect of deceased persons
- 49Non-assignability
- Part 6: DETERMINATION OF QUESTIONS AND DISPUTES
- 50Interpretation of Part
- 51First instance decisions
- 52First instance determinations: ill-health
- 53Notification of first instance decisions
- 54Applications to resolve disagreements
- 55Notice of decisions on disagreements
- 56Reference of disagreement for reconsideration by Scottish Ministers
- 57Notice of decisions on reconsideration of disagreement
- 58Rights of representation
- 59Appeals by administering authorities
- Part 7: POLICY STATEMENTS AND INFORMATION
- 60Exchange of information by authorities
- 61Statements of policy about exercise of discretionary functions
- 62Annual benefit statements
- 63Information to be supplied by employees
- Part 8: SPECIAL ADJUSTMENTS
- 64Statements of policy concerning abatement of retirement pensions in new employment
- 65Application of abatement policy to individual cases
- 66Forfeiture of pension rights after conviction of employment-related offences
- 67Interim payments directions
- 68Recovery or retention where former member has misconduct obligation
- 69Protection of guaranteed minimum pension rights
- 70Transfer of sums from the pension fund to compensate for former member’s misconduct
- 71Members of local authorities
- Part 9: TRANSFERS
- 72Interpretation of Part
- 73Application of Chapter 4 etc
- 74Rights to payment out of fund authority’s pension fund
- 75Contracting-out requirements affecting transfers out
- 76Bulk transfers (transfers of undertakings etc.)
- 77Calculation of amount of transfer payment under regulation 76
- 78Inward transfers of pension rights
- 79Right to count credited period
- 80Community scheme transferees
- 81Changes of fund
- 82Changes of fund and variable time employees
- Part 10: PENSION SHARING
- Chapter I: PRELIMINARY PROVISIONS
- 83Pension debit member
- Chapter II: SHARING OF RIGHTS
- 84Pension sharing mechanism in the Scheme
- 85Pension sharing order activates pension sharing creating pension debits and credits
- 86Calculation of “appropriate amount”
- 87Pension debits and reduction of benefit
- 88Effect of pension sharing on protected rights and guaranteed minimum pension
- Chapter III: MODE OF DISCHARGE AND “IMPLEMENTATION PERIOD”
- 89Discharge of pension credit liability by conferring “appropriate rights” or making transfer payment to another scheme
- 90Qualifying arrangements
- 91Disqualification as destination for pension credit
- 92Adjustment to the amount of the pension credit – payments made without knowledge of the pension debit
- 93“Implementation period” for discharge of pension credit
- 94Failure to discharge liability in respect of pension credit within the implementation period and death of ex-spouse within period
- Chapter IV: APPROPRIATE RIGHTS/PENSION CREDIT BENEFITS
- 95“Appropriate Rights”/“Pension credit benefits” under the Scheme
- 96Additional Voluntary Contributions (“AVCs”)
- 97Additional contributions and additional periods
- 98Commutation: small pensions
- 99Commutation: exceptional ill-health
- 100Pension Transfers
- Chapter V: MISCELLANEOUS
- 101Charges in respect of pension sharing costs
- 102Excluded membership
- 103Appropriate fund and appropriate administering authority
- 104Assignment
- Signature
- Schedule 1INTERPRETATION
- Schedule 2SCHEME EMPLOYERS
- Schedule 3: MATTERS TO BE INCLUDED IN ADMISSION AGREEMENTS WITH TRANSFEREE ADMISSION BODIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 4: APPROPRIATE FUNDS
- Part I
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- II –Miscellaneous Authorities
- Schedule 5: COUNCILLOR MEMBERS
- Part: BENEFITS
- Preliminary
- 1Paragraph 1
- Retirement benefits
- 2Paragraph 2
- 3Paragraph 3
- Part: OPTIONAL ADDITIONAL BENEFITS
- Additional Voluntary Contributions
- 4Paragraph 4
- Shared Cost Schemes
- 5Paragraph 5
- Part: ADMINISTRATION
- Members' contributions
- 6Paragraph 6
- 7Paragraph 7
- Transfers
- 8Paragraph 8
- Explanatory note