# The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008, Regulation 13: Civil Servants transferred to the Scottish Environment Protection Agency

Extent: S
Status: prospective

(1) The Administration Regulations and the Benefits Regulations apply with the following modifications to a member who is employed by the Scottish Environment Protection Agency as a result of a relevant statutory transfer immediately before which the member was a pensionable civil servant.
(2) At the end of regulation 5(2) of the Benefits Regulations (meaning of pensionable pay) add–
“; or
(f) the amount of any supplement paid by the Scottish Environment Protection Agency in recognition of the difference in contribution rates between members of the Principal Civil Service Pension scheme and the Scheme”.
(3) In regulation 30 of the Benefits Regulations (choice of early payment of pension)–
(a) in paragraph (1) for the words “may choose to receive payment of them immediately” substitute the words “is entitled, on so requesting the administering authority in writing, to receive payment of those benefits in respect of the member’s SEPA service immediately or, at the member’s option, at any time before the member attains the age of 60”;
(b) omit paragraphs (2) and (3);
(c) in paragraph (4), for “Subject to paragraph (5)” substitute “If the member has not attained the age of 60,”; and
(d) at the end add–
“(7) In this regulation “SEPA service” means–
(a) the period during which the person concerned has remained an active member and in continuous employment of the Scottish Environment Protection Agency following a relevant statutory transfer (as defined in regulation 13(6) of the Transitional Regulations); and
(b) where a transfer value has been accepted from the Principal Civil Service Pension Scheme made under section 1 of the Superannuation Act 1972 and referred to as such in section 2(10) of that Act, the period of membership which the member was entitled to count under regulation J9(1)(a) of the 1987 Regulations.”.
(4) The employment with the Scottish Environment Protection Agency referred to in paragraph (1) does not count as new employment for regulation 64 (statements of policy concerning abatement of retirement pensions in new employment) or regulation 65 (application of abatement policy in individual cases) of the Administration Regulations.
(5) The Benefits Regulations, the Administration Regulations and these Regulations shall have effect, so long as the member remains an active member (within the meaning of regulation 3 of the Benefits Regulations (active members)) and in continuous employment of the Scottish Environment Protection Agency, as if they conferred on the member the same rights relating to service overseas as the member would have enjoyed if the member had remained subject to the Principal Civil Service Pension scheme.
(6) A relevant statutory transfer in relation to a member is a transfer of the member’s employment–
(a) which took place on 1st April 1996 as a consequence of a transfer of functions on that date to the Scottish Environment Protection Agency; or
(b) which took place as a consequence of a transfer to the Scottish Environment Protection Agency of the undertaking in which the member was formerly employed to which the Transfer of Undertakings (Protection of Employment) Regulations 1981 applied.
(7) A pensionable civil servant is a person who is employed in the civil service of the State and is a member, or is eligible to be a member, of the Principal Civil Service Pension Scheme.

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Source: https://www.legislation.gov.uk/ssi/2008/229/regulation/13 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-transitional-provisions-scotland-regulations-2008/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.