# The Local Government Pension Scheme (Transitional Provisions and Savings) (Scotland) Regulations 2014, Paragraph 4

Extent: S

(1) For the purposes of this Schedule, a member satisfies the 85 year rule if the sum of—
(a) the member’s age in whole years on the date the request is made under paragraph 1;
(b) the member’s total membership in whole years;
(c) in a case where the request is made after the member’s local government employment ends, the period beginning with the end of that employment and ending with the date the request is made; and
(d) in the case of a person who was a member of the 1987 Scheme immediately before 1st April 1998, any qualifying period counted by virtue of regulation 123 of the 1998 Regulations (rights as to service not matched by credited period) which was awarded before 1st April 2008,
is 85 years or more.
(2) In calculating the member’s total membership—
(a) the periods of membership taken into account are—
(i) the total membership the member accrued under the Earlier Schemes which counts as membership in relation to the employment in respect of which the member has made a request to receive immediate payment of retirement benefits under paragraph 1, plus
(ii) the period during which the member paid, or is treated as having paid, contributions under regulation 9 or 10 of the 2014 Regulations or regulations 9 or 10 of the 2018 Regulations (contributions and temporary reduction in contributions), plus
(iii) any period after 31st March 2015 of unpaid absence due to industrial action, or absence from work with permission with no pensionable pay otherwise than because of illness or injury, child related leave or reserve forces service leave, if contributions have been paid under regulation 16 of the 2014 Regulations or regulation 16 of the 2018 Regulations (additional pension contributions) to cover that period, and
(b) no account is to be taken of—
(i) any increase in membership awarded under regulation 12 (power of employing authority to increase total membership of active members) of the Benefits Regulations,
(ii) any membership credited after 1st February 2013 under regulation 79 (right to count credited period) of the Administration Regulations or regulation 9 (transfers), or
(iii) subject to paragraph 5, any period on or after the date specified in regulation 31(4) of the 2014 Regulations or regulation 31(4) of the 2018 Regulations (commencement of pensions following flexible retirement) or the date benefits became payable under regulation 18 of the Benefits Regulations or regulation 34(1A) of the 1998 Regulations (retirement benefits: flexible retirement).

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Source: https://www.legislation.gov.uk/ssi/2014/233/schedule/2/paragraph/4 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-transitional-provisions-and-savings-scotland-regulations-2014/schedule-2/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.