# The Local Government Superannuation (Scotland) Amendment Regulations 1994, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make a number of amendments to the Local Government Superannuation (Scotland) Regulations 1987 (“the principal Regulations”). These amendments relate primarily to the rights of employees of certain bodies to participate in the superannuation scheme established by the principal Regulations.
Regulation 3(c), by revoking the relevant provisions of the principal Regulations, removes the right of bodies providing transport services or providing certain other public services to enter into an admission agreement with an administering authority under which the employees of the body will participate in the superannuation scheme. No new admission agreements with such bodies will thus be competent on or after 1st April 1994.
Regulation 7 preserves the effect of admission agreements already entered into before 1st April 1994. Employees of the bodies to which these relate will thus continue to be entitled to participate in the superannuation scheme. However, this is subject to two limitations. For any body which was not immediately before 1st April 1994 a company under the control of a local authority or similar body, it will not be competent for new employees who take up employment on or after 1st April 1994 to be admitted to participate in the superannuation scheme (Regulation 3(b).) In the case of a body which was immediately before 1st April 1994 a company under the control of a local authority or similar body the foregoing restriction will not apply, but if the body subsequently ceases to be a company under such control the admission agreement will no longer be applied and all employees will lose the right to participate in the superannuation scheme (Proviso to regulation 7).
Regulation 8 ensures that the provisions of the principal Regulations as to the determination of rights and liabilities under those Regulations apply also to the transitional provisions of regulation 7.
Regulation 4 amends regulation C3 of the principal Regulations to make it clear that a person on leave of absence who makes contributions under Regulation C3A does not also make contributions under regulation C3(2).
Regulation 5 amends regulation C3A of the principal Regulations to make clear that an employee is only entitled to pay contributions on the remuneration which she receives during a period of maternity absence under that regulation if she is a pensionable employee at the date her period of maternity absence starts and otherwise to clarify its effect.
The provisions of regulations 4 and 5 have retrospective effect from 1st January 1993. Retrospection is authorised by section 12(1) of the Superannuation Act 1972.
The definition of “pensionable employee” is also expanded to include staff employed by Boards of Management of self-governing schools established under the Self-Governing Schools etc. (Scotland) Act 1989 (regulation 6).
Regulation 9 confers a right to opt that these Regulations shall not apply in certain circumstances where the person is adversely affected by the amendments now made.

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Source: https://www.legislation.gov.uk/uksi/1994/531/note (the official version)
Page: https://openlegislation.uk/local-government-superannuation-scotland-amendment-regulations-1994/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.