# The Local Government Superannuation (Scotland) Amendment Regulations 1989, Regulation 44: Calculation of transfer values


(1) For Parts I to IV of Schedule 16 to the principal Regulations there shall be substituted Part I set out in Schedule 2 to these Regulations.
(2) Part V of that Schedule shall be renumbered Part II, and for paragraph 2 of that Part there shall be substituted the following paragraphs:—
“2 Subject to paragraph 3, in ascertaining for the purposes of paragraph 1 the annual rate of a person’s remuneration at the date on which he ceased to be employed in his previous local government employment—
(a) the annual rate of any fluctuating element of his remuneration is to be estimated by reference to an average taken over a representative period;
(b) the annual rate of any benefit in kind included in his remuneration is to be the estimated annual value of the benefit in kind at the date on which he ceased to be employed;
(c) if at that date he had no remuneration or his remuneration was reduced because of absence from duty, the annual rate is to be taken to be the annual rate which would have applied if he had not been absent;
(d) if the annual rate of his remuneration is retrospectively altered as a result of a pay award promulgated by a national joint council or other negotiating body on or before the date on which he ceased to be employed, the annual rate of his remuneration is to be based on the retrospective pay award;
(e) if his remuneration is not calculated by reference to an annual rate but by reference to some other rate, the annual rate is to be derived from the applicable rate at the date on which he ceased to be employed;
(f) if his previous local government employment was part-time, the annual rate of remuneration of a single comparable whole-time employment is to be used; and
(g) if the annual rate of his remuneration exceeds £100 it is to be rounded down to the nearest £100.
3 If—
(a) during the 13 years ending on the cessation of the person’s previous local government employment his remuneration was reduced; and
(b) his employing authority certified under regulation E24 that the reduction was in consequence of a material change in circumstances; and
(c) his annual rate of remuneration immediately before the reduction, ascertained on similar principles to those in paragraph 2, was greater than the annual rate of remuneration on the date on which he ceased to be employed in his previous local government employment,
it is to be assumed for the purposes of this Part that he was earning at the higher rate at the date on which he ceased to be employed in his previous local government employment.”.

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Source: https://www.legislation.gov.uk/uksi/1989/802/regulation/44 (the official version)
Page: https://openlegislation.uk/local-government-superannuation-scotland-amendment-regulations-1989/regulation-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.