# The Local Government Superannuation (Scotland) Regulations 1987, Regulation J6: Rights where a person transfers to the Communities' scheme and leaves without a right to either immediate or prospective pension


(1) Where a person—
(a) became employed by a Community institution and became a participant in the Communities' scheme after having been employed in local government employment, and
(b) the scheme managers of the Communities' scheme were paid a transfer value under regulation 12 in relation to his previous service in local government employment, and
(c) he ceased to be employed in his employment with the Community institution without the right to an immediate or prospective pension, and
(d) his fund authority has been paid for the credit of their superannuation fund—
(i) a sum equal to the amount of the transfer value which the scheme managers received, and
(ii) compound interest on that sum calculated in accordance with regulation J7 for the period beginning with the date on which the transfer value was received by the scheme managers and ending on the date on which the fund authority was paid the sum required by (i) above (but no interest is to be paid if that period is less than 6 months),
the person and those claiming through him shall be entitled to the rights specified in paragraphs (2) and (3) below and nothing in regulation J5 shall apply to any such rights unless a transfer value under regulation J4 is subsequently paid.
(2) Where the person ceased to be employed in his local government employment before 31st March 1972, he and those claiming through him shall have the same rights (other than to a refund of contributions) as they would have had by virtue of the Acts of 1937 to 1953 and the Regulations made thereunder, the former Regulations, any local Act scheme and these Regulations (so far as applicable) if—
(a) he had reached the age of 65 by the termination of his local government employment, and
(b) he had been able to reckon 10 years' service, and
(c) the payment of the transfer value had not been requested or made.
(3) Where the person ceased to be employed in his local government employment on or after 31st March 1972, he and those claiming through him shall be entitled to the like benefits other than to a return of contributions) as those which—
(a) if, on so ceasing, he had became entitled to benefits under Part E other than a pension under regulation E1 or E2(2)(a) or a local Act scheme, would have become payable to or in respect of him under that Part or that scheme in respect of service for which the transfer value mentioned in paragraph (1) above was paid if this Part had not applied to him, or
(b) if, on so ceasing, he had not become so entitled, would have become payable to or in respect of him under Part E or a local Act scheme in respect of such service as aforesaid if, immediately before he ceased that employment, he had been entitled to reckon an aggregate of 5 years' reckonable service and qualifying service or 5 years' service for the purpose of determining whether he was entitled to a benefit under a local Act scheme and if this Part had not applied to him,
and such benefits shall be deemed to be benefits under regulation E2(1)(c).
(4) This regulation shall not confer any right to the payment of any benefit for any period ending on or before—
(a) in relation to a person who ceased to be employed in his local government employment before 31st March 1972, the date on which he ceased to be employed in the service of the Community institution mentioned in paragraph (1) above or, where this is later, the earliest date at which, if he had remained in his local government employment without any break of service and become a pensionable employee on 16th May 1974, he would have become entitled, on ceasing to be employed, to a retirement pension by virtue of sub-paragraph (a) or, as the case may be, (b)(ii) of regulation E2(1);and
(b) in relation to a person who ceased to be employed in his local government employment on or after 31st March 1972, the date on which he ceased to be employed in the service of the Community institution mentioned in paragraph (1) above or, where this is later, the date on which the benefits to which he became entitled on ceasing to be employed in his local government employment or, as the case may be, to which he would have become so entitled if, immediately before he ceased to be employed in that employment, he had been entitled to reckon an aggregate of 5 years' reckonable service and qualifying service would, if this Part had not applied to him, have become payable to him under Part E.
(5) For the purposes of this regulation references to those claiming through a person shall be construed as references to his widow, dependants, children and executors so far as is appropriate in his particular case.

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Source: https://www.legislation.gov.uk/uksi/1987/1850/regulation/J6 (the official version)
Page: https://openlegislation.uk/local-government-superannuation-scotland-regulations-1987/regulation-J6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.