{
  "url": "https://openlegislation.uk/local-government-pension-scheme-transitional-provisions-scotland-regulations-2008/regulation-14",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-transitional-provisions-scotland-regulations-2008/regulation-14.json",
  "legislation": "ssi/2008/229",
  "legislation_title": "The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-transitional-provisions-scotland-regulations-2008",
  "path": "regulation/14",
  "kind": "regulation",
  "number": "14",
  "heading": "Former members of NHS Superannuation Scheme for Scotland",
  "text": "(1) The Administration Regulations and the Benefits Regulations apply with the modifications mentioned in paragraphs (2) and (3) to a member–\n(a) who became an active member of the 1987 Scheme immediately after being transferred to employment by the governing body of a university or designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992 or by the board of management of a college of further education within the meaning of Part I of that Act as a consequence of a transfer to the governing body or board of management on 1st September 1996, or in the case of a transfer to the governing body of the Robert Gordon University on 1st December 1996, of the undertaking in which the member was employed, to which transfer the Transfer of Undertakings (Protection of Employment) Regulations 1981 applied;\n(b) who immediately before that transfer was employed by a health board and was a member, or was eligible to be a member, of the pension scheme the rules of which are set out in the National Health Service Regulations; and\n(c) who since that transfer has been an active member in relevant local government employment.\n(2) In regulation 30 of the Benefits Regulations (choice of early payment of pension)–\n(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 immediately of those benefits in respect of his or her relevant local government employment and transferred service”;\n(b) omit paragraphs (2) and (3);\n(c) In paragraph (4), for “Subject to paragraph (5)”, substitute “If the member has not attained the age of 60,”; and\n(d) at the end add–\n“(7) In this regulation–\n“relevant local government employment” has the meaning given in regulation 14(3) of the Transitional Regulations;\n“transferred service” means, where on the transfer referred to in regulation 14(1)(a) of the Transitional Regulations a transfer value has been accepted in respect of a person’s accrued rights from the National Health Service Superannuation Scheme for Scotland constituted under the National Health Service Superannuation Scheme (Scotland) Regulations 1995, the period of membership which the person was entitled to count under regulation J9(1)(a) of the 1987 Regulations.”.\n(3) In this regulation–\n“the National Health Service Regulations” means the National Health Service Superannuation Scheme (Scotland) Regulations 1995;\n“relevant local government employment” means a continuous period of employment as an active member comprising–\n(a) the period, immediately following the transfer to employment by a governing body or board of management in terms of paragraph (1)(a), of employment by that governing body or board of management during which the member was continuously engaged in the work of the undertaking in which the member was previously employed or in the work of another undertaking transferred to that governing body or board of management as mentioned in paragraph (1)(a); and\n(b) any further periods, immediately following the period described in sub paragraph (a) and each other, of employment by another governing body or board of management of the kind specified in paragraph (1)(a) during which the member was continuously engaged in the work of an undertaking transferred to that governing body or board of management as mentioned in paragraph (1)(a).",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 14 in force at 1.4.2009, see reg. 1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1992 c. 37."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1995/365, amended by S.I. 1997/1434 and 1916, 1998/1593, 1999/443, 2001/3649 and 2005/2011 and S.S.I. 2001/437 and 465, 2003/55, 270 and 517, 2005/512 and 544, 2006/307 and 561 and 2008/92 and 226"
    }
  ],
  "outstanding_effects": [
    {
      "type": "coming into force",
      "affecting": "ssi/2008/229",
      "affecting_title": "The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2008/229/regulation/14",
    "retrieved_at": "2026-11-10T03:32:52.031817+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."
}