{
  "url": "https://openlegislation.uk/local-government-pension-scheme-transitional-provisions-scotland-regulations-2008/schedule-2/paragraph-3",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-transitional-provisions-scotland-regulations-2008/schedule-2/paragraph-3.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": "schedule/2/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "(1) For the purposes of this Schedule, a member satisfies the 85 year rule if the sum of–\n(a) the member’s age in whole years on the date the member’s local government service ends or the date the member makes a request under regulation 18(1) or, as the case may be, 30(1) of the Benefits Regulations if later;\n(b) the member’s total membership in whole years;\n(c) in a case where the member makes a request after the member’s local government employment ends, the period beginning with the end of that employment and ending with the date the member makes a request; and\n(d) in the case of a person who was a member immediately before 1st April 1998, any qualifying period counted by virtue of regulation 123 of the 1998 Regulations which was awarded before 1st April 2008,\nis 85 years or more.\n(2) But, in calculating the total membership, no account is to be taken of any increase in membership awarded under regulation 12 (power of employing authority to increase total membership) of the Benefits Regulations.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 3 in force at 1.4.2009, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words omitted",
      "affecting": "ssi/2009/93",
      "affecting_title": "The Local Government Pension Scheme Amendment (Scotland) Regulations 2009"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2009/93",
      "affecting_title": "The Local Government Pension Scheme Amendment (Scotland) Regulations 2009"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2009/93",
      "affecting_title": "The Local Government Pension Scheme Amendment (Scotland) Regulations 2009"
    },
    {
      "type": "omitted",
      "affecting": "ssi/2009/93",
      "affecting_title": "The Local Government Pension Scheme Amendment (Scotland) Regulations 2009"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2009/187",
      "affecting_title": "The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Amendment Regulations 2009"
    },
    {
      "type": "words added",
      "affecting": "ssi/2012/347",
      "affecting_title": "The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2012"
    },
    {
      "type": "coming into force",
      "affecting": "ssi/2008/229",
      "affecting_title": "The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008"
    },
    {
      "type": "coming into force",
      "affecting": "ssi/2008/229",
      "affecting_title": "The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008"
    },
    {
      "type": "coming into force",
      "affecting": "ssi/2008/229",
      "affecting_title": "The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008"
    },
    {
      "type": "coming into force",
      "affecting": "ssi/2008/229",
      "affecting_title": "The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008"
    },
    {
      "type": "coming into force",
      "affecting": "ssi/2008/229",
      "affecting_title": "The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008"
    },
    {
      "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/schedule/2/paragraph/3",
    "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."
}