{
  "url": "https://openlegislation.uk/local-government-pension-scheme-administration-scotland-regulations-2008/regulation-81",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-administration-scotland-regulations-2008/regulation-81.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/81",
  "kind": "regulation",
  "number": "81",
  "heading": "Changes of fund",
  "text": "(1) This regulation applies where–\n(a) a pension fund becomes an active member’s appropriate fund;\n(b) immediately before it does so, another fund was the member’s appropriate fund; and\n(c) in a case where regulation 13 (re-employed and rejoining deferred members), 14 (concurrent employment) or 41(4) (rights to return of contributions) applies to the member, the member has made a choice or election under the relevant regulation.\n(2) Where the member’s appropriate administering authority has also changed, the authority which has ceased to be the member’s appropriate administering authority must make such payment to the member’s later appropriate administering authority as is indicated in guidance issued by the scheme actuary for this regulation.\n(3) Where paragraph (2) applies as respects 10 or more members by virtue of a single event, the amount of the payment under that paragraph shall be determined by agreement between the actuary appointed by the administering authority by which the payment must be made and the actuary appointed by the administering authority to which it must be made.\n(4) Where the actuaries cannot agree on the amount within 12 months of the date of transfer or, where there is more than one date of transfer, the date of the last transfer which relates to the single event–\n(a) the matter shall be referred to a third actuary, chosen by agreement between the actuaries or, in default of agreement, by the President of the Scottish Faculty of Actuaries; and\n(b) that actuary’s determination shall be final.\n(5) The costs of determining the amount to be transferred shall be paid in equal shares by the members' former appropriate fund and the members' new appropriate fund.\n(6) Any payment under paragraph (2) must be credited to the new appropriate administering authority’s fund.\n(7) Where the member’s appropriate administering authority has not changed, it must arrange for a payment such as is indicated in guidance issued by the scheme actuary for this regulation to be made from the member’s former appropriate fund to the member’s new appropriate fund.\n(8) Paragraph (1) does not apply where a member enters an employment which is concurrent with another in which the member is also an active member.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 81 in force at 1.4.2009, see reg. 1"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "ssi/2011/349",
      "affecting_title": "The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2011 (revoked)"
    },
    {
      "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/81",
    "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."
}