{
  "url": "https://openlegislation.uk/local-government-superannuation-and-compensation-for-premature-retirement-scotland-amendment-regulations-1995/note",
  "json_url": "https://openlegislation.uk/local-government-superannuation-and-compensation-for-premature-retirement-scotland-amendment-regulations-1995/note.json",
  "legislation": "uksi/1995/750",
  "legislation_title": "The Local Government (Superannuation and Compensation for Premature Retirement) (Scotland) Amendment Regulations 1995",
  "legislation_url": "https://openlegislation.uk/local-government-superannuation-and-compensation-for-premature-retirement-scotland-amendment-regulations-1995",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations extend the scope of the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1979 (S.I. 1979/785) and the Local Government Superannuation (Scotland) Regulations 1987 (S.I. 1987/1850) (“the 1987 Regulations”) so that the provisions of these Regulations will apply to staff of new councils, new water and sewerage authorities and the Scottish Children’s Reporter Administration which are all constituted or established in terms of the Local Government etc. (Scotland) Act 1994 (c. 39) (“the 1994 Act”) (regulations 3 and 4(4)).\nThese Regulations also make three further amendments to the 1987 Regulations.\nRegulation C1 of the 1987 Regulations is amended by adding a new paragraph to identify which of the existing superannuation funds maintained under regulation P1 of those Regulations is to be the appropriate superannuation fund in relation to the pensionable employees of the three new water and sewerage authorities and the Scottish Children’s Reporter Administration. (Regulation 4(1)).\nA new paragraph is added to regulation E2 of the 1987 Regulations to enable staff aged 50 or over with reckonable service and qualifying service amounting in aggregate to 2 or more but less than 5 years who are eligible to receive payment of compensation in terms of the Local Government (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995 (S.I. 1995/340) (“the 1995 Regulations”) to waive their right to immediate payment of an annual retirement pension and a lump sum retiring allowance in terms of regulation E2(1)(b)(iii) and E2(5) of the 1987 Regulations. Such employees are required to waive this right before they can receive compensation under the 1995 Regulations. A waiver of this right will not affect the employee’s right to benefit when he qualifies under any other provision in regulation E2. (Regulation 4(2)).\nRegulation E24 of the 1987 Regulations is amended by providing that where during the period starting on 6th April 1995 and ending on 1st April 1996 an employee of a local authority constituted under section 2 of the Local Government (Scotland) Act 1973, a joint board or joint committee comprising only such authorities or Central Scotland Water Development Board ceases to be employed by that body in consequence of the provisions of the 1994 Act and obtains employment with a new council, a new water and sewerage authority or the Scottish Children’s Reporter Administration or a joint board the constituent authorities of which are all new councils, at a reduced remuneration, such a reduction is to be treated as a “reduction in remuneration” for the purposes of regulation E24. He shall therefore be entitled to be issued with a certificate to that effect. Issue of such a certificate has certain consequences for the purpose of determining the employee’s pensionable remuneration in terms of regulation E22 of the 1987 Regulations. (Regulation 4(3)).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1995/750/note",
    "retrieved_at": "2026-10-29T13:13:00.048024+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."
}