{
  "url": "https://openlegislation.uk/local-government-pension-scheme-administration-scotland-regulations-2008/regulation-74",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-administration-scotland-regulations-2008/regulation-74.json",
  "legislation": "ssi/2008/228",
  "legislation_title": "The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-administration-scotland-regulations-2008",
  "path": "regulation/74",
  "kind": "regulation",
  "number": "74",
  "heading": "Rights to payment out of fund authority’s pension fund",
  "text": "(1) A member may apply for a transfer under Chapters 4 or 5 (as modified by regulation 73) and where the member does so the amount of any transfer payment due in respect of the member under the relevant Chapter may only be paid by the fund authority from its pension fund if it is a recognised transfer (within the meaning of section 169 of the Finance Act 2004).\n(2) Where such a transfer payment is to be or has been paid from a fund, no other payment or transfer of assets may be made from the fund as respects the accrued rights covered by the transfer payment.\n(3) Paragraph (2) overrides anything to the contrary in–\n(a) the former regulations;\n(b) any local Act scheme;\n(c) the Earlier Regulations;\n(d) the Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998; or\n(e) any other provision of these Regulations, the Benefits Regulations or the Transitional Regulations.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 74 in force at 1.4.2009, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "2004 c. 12."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1998/364."
    }
  ],
  "outstanding_effects": [
    {
      "type": "saving (1.4.2009)",
      "affecting": "ssi/2008/230",
      "affecting_title": "The Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008"
    },
    {
      "type": "coming into force",
      "affecting": "ssi/2008/228",
      "affecting_title": "The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2008/228/regulation/74",
    "retrieved_at": "2026-11-10T03:32:50.357537+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}