The Local Government Pension Scheme (Scotland) Regulations 1998
S.I. 1998/366 · Made 20 February 1998 · Extends to England, Wales and Scotland
PENSIONS
Made 20th February 1998
Laid before Parliament 10th March 1998
Coming into force 1st April 1998
The Secretary of State, in exercise of the powers conferred on him by sections 7 and 12 of the Superannuation Act 1972f1 and of all other powers enabling him in that behalf, after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
1972 c. 11; section 7(3) was extended by the Pensions (Increase) Act 1974 (c. 9), section 2(2); section 12 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7), section 10.
Contents
- Part I: PRELIMINARY PROVISIONS Not yet in force
- 1Citation and commencement Not yet in force
- 2Interpretation Not yet in force
- Part II: PRIMARY PROVISIONS Not yet in force
- Chapter I: MEMBERSHIP Not yet in force
- Eligibility for active membership Not yet in force
- 3General eligibility for membership: employees of Scheme employers etc. Not yet in force
- 4Agreements to enable employees of non-Scheme employers to be members (“admission agreements”) Not yet in force
- 5Further restrictions on eligibility Not yet in force
- Joining and leaving the Scheme Not yet in force
- 6Joining the Scheme Not yet in force
- 7Leaving the Scheme Not yet in force
- Chapter II: COUNTING MEMBERSHIP FOR THE SCHEME Not yet in force
- 8Periods of membership: “total membership” Not yet in force
- 9Excluded membership Not yet in force
- 10Length of period of membership: calculation of benefit Not yet in force
- Chapter III: CONTRIBUTIONS Not yet in force
- 11Members' contributions Not yet in force
- 12Meaning of “pay” Not yet in force
- 13Members with lower rate rights Not yet in force
- 14Employer’s discretion to reduce members' contribution rate Not yet in force
- 15Inland Revenue limits on contributions Not yet in force
- 16Obligatory contributions during absences Not yet in force
- 17Optional contributions during absences Not yet in force
- Chapter IV: BENEFITS Not yet in force
- Preliminary Not yet in force
- 18General qualification for benefits Not yet in force
- 19Calculations Not yet in force
- 20Final pay Not yet in force
- 21Other final pay periods Not yet in force
- 22Permanent reductions in pay: certificates of protection of pension benefits Not yet in force
- 23Revenue limits Not yet in force
- Retirement benefits Not yet in force
- 24Normal retirement Not yet in force
- 25Redundancy etc. Not yet in force
- 26Ill-health Not yet in force
- 27Amounts of ill-health pension and grant Not yet in force
- 28Re-employed pensioners Not yet in force
- 29Further provisions about elections under regulation 28 Not yet in force
- 30Other early leavers: deferred retirement benefits and elections for early payment Not yet in force
- 31Re-employed and rejoining deferred members Not yet in force
- 32Surrenders of pension Not yet in force
- 33No double entitlement Not yet in force
- 34Requirements as to time of payment Not yet in force
- 35Guaranteed minimum pensions etc. Not yet in force
- 36Revaluation of guaranteed minimum Not yet in force
- Death grants Not yet in force
- 37Death grants Not yet in force
- 38Reduction of death grants: re-employed pensioners Not yet in force
- Surviving spouses' pensions Not yet in force
- 39Surviving spouse’s short-term pension Not yet in force
- 40Surviving spouse’s long-term pension Not yet in force
- 41Reduction of some surviving spouses' pensions Not yet in force
- 42Surviving spouse’s guaranteed minimum pension Not yet in force
- Children’s pensions Not yet in force
- 43Meaning of “eligible child” Not yet in force
- 44Children’s short-term pensions Not yet in force
- 45Children’s long-term pensions Not yet in force
- 46Discretion as to payment of children’s pensions Not yet in force
- 47Dependants of re-employed pensioners Not yet in force
- Commutation Not yet in force
- 48Commutation: small pensions Not yet in force
- 49Commutation: exceptional ill-health Not yet in force
- Part III: OPTIONAL ADDITIONAL BENEFITS Not yet in force
- Chapter I: PRELIMINARY Not yet in force
- 50Scope of Part III: limits on benefits Not yet in force
- Chapter II: INCREASE OF MEMBERSHIP BY EMPLOYING AUTHORITY Not yet in force
- 51Power of employing authority to increase total membership of members leaving employment at or after 50 Not yet in force
- 52Power of employing authority to increase total membership of new members Not yet in force
- 53Effect of increases under this Chapter for older members Not yet in force
- Chapter III: MEMBERS' OPTIONS TO INCREASE PENSIONS Not yet in force
- Purchase of added years Not yet in force
- 54Payments to increase total membership Not yet in force
- 55Part-time employees Not yet in force
- 56Effect of increases under this Chapter for older members Not yet in force
- Conversion between lump sums and pensions Not yet in force
- 57Election for pension in lieu of retirement grant Not yet in force
- 58Election for lump sum in lieu of pension Not yet in force
- Chapter IV: ADDITIONAL VOLUNTARY CONTRIBUTIONS Not yet in force
- Members only AVC schemes Not yet in force
- 59Elections to pay AVCs Not yet in force
- 60Payment of AVCs Not yet in force
- 61Functions of employing and administering authorities Not yet in force
- 62Death benefits Not yet in force
- 63Retirement benefits Not yet in force
- 64Changes of employment in which membership is continued Not yet in force
- 65Elections as to use of accumulated value of AVCs Not yet in force
- Shared cost schemes (SCAVCs) Not yet in force
- 66Establishment of shared cost AVC schemes (SCAVCs) Not yet in force
- 67Applications to pay SCAVCs Not yet in force
- 68Functions of employing and administering authorities Not yet in force
- 69Application and investment of SCAVCs Not yet in force
- 70Changes of employment in which membership is continued Not yet in force
- 71Termination Not yet in force
- Part IV: ADMINISTRATION Not yet in force
- Chapter I: PENSION FUNDS AND EMPLOYERS' PAYMENTS Not yet in force
- Pension funds Not yet in force
- 72The pension funds Not yet in force
- 73Appropriate funds Not yet in force
- 74Admission agreement funds Not yet in force
- 75Accounts and audit Not yet in force
- 76Actuarial valuations and certificates Not yet in force
- 77Special circumstances where revised actuarial valuations and certificates must be obtained Not yet in force
- Employers' liability to make payments Not yet in force
- 78Employer’s contributions Not yet in force
- 79Employer’s further payments Not yet in force
- 80Payments by employing authorities to appropriate administering authorities Not yet in force
- Interest Not yet in force
- 81Interest Not yet in force
- Chapter II: MEMBERS' CONTRIBUTIONS Not yet in force
- 82Discontinuance of additional contributions Not yet in force
- 83Separate treatment of AVCs and SCAVCs from other contributions Not yet in force
- 84Over-provision: calculation and return of surplus AVC and SCAVC funds Not yet in force
- 85Cost of calculations for transfer of AVCs or SCAVCs into the Scheme where no transfer is requested Not yet in force
- 86Rights to return of contributions Not yet in force
- 87Exclusion of rights to return of contributions Not yet in force
- 88Deduction and recovery of member’s contributions Not yet in force
- Chapter III: PAYMENT OF BENEFITS ETC. Not yet in force
- 89Pension increases and cash equivalents under the Pension Schemes Act 1993 Not yet in force
- 90Pension increases under the Pensions (Increase) Acts Not yet in force
- 91Contributions equivalent premiums Not yet in force
- 92Commencement of pensions Not yet in force
- 93Interest on late payment of certain benefits Not yet in force
- 94Payments due in respect of deceased persons Not yet in force
- 95Non-assignability Not yet in force
- Chapter IV: DETERMINATIONS, INFORMATION AND RECORDS Not yet in force
- Initial determinations of questions Not yet in force
- 96First instance decisions Not yet in force
- 97Notification of decisions under regulation 96 Not yet in force
- Resolution of disputes Not yet in force
- 98Appointment of persons to resolve disputes Not yet in force
- 99Right to apply for an appointed person to decide a disagreement Not yet in force
- 100Decision by appointed person and notice of it Not yet in force
- 101Reference of disagreement to the Secretary of State Not yet in force
- 102Decision of the Secretary of State and notice of it Not yet in force
- 103Rights of representation Not yet in force
- 104Appeals by administering authorities Not yet in force
- Information and records etc. Not yet in force
- 105Statements of policy concerning exercise of discretionary functions Not yet in force
- 106Information to be supplied by employees Not yet in force
- 107Exchange of information by authorities Not yet in force
- 108Provision of information and calculation of restitution payment: mis-sold personal pensions Not yet in force
- Chapter V: SPECIAL ADJUSTMENTS Not yet in force
- Abatement during new employment Not yet in force
- 109Statements of policy concerning abatement of retirement pensions in new employment Not yet in force
- 110Application of abatement policy in individual cases Not yet in force
- Misconduct Not yet in force
- 111Forfeiture of pension rights after conviction of employment-related offences Not yet in force
- 112Interim payments directions Not yet in force
- 113Recovery or retention where former member has misconduct obligation Not yet in force
- 114Protection of guaranteed minimum pension rights Not yet in force
- 115Transfer of sums from the pension fund to compensate for former member’s misconduct Not yet in force
- Chapter VI: TRANSFERS Not yet in force
- Transfers out Not yet in force
- 116Application of Chapter IV of Part IV of the Pension Schemes Act 1993 Not yet in force
- 117Rights to payment out of fund authority’s pension fund Not yet in force
- 118Contracting-out requirements affecting transfers out Not yet in force
- Bulk transfer arrangements Not yet in force
- 119Bulk transfers (transfers of undertakings) etc. Not yet in force
- 120Calculation of amount of transfer payment under regulation 119 Not yet in force
- Transfers in Not yet in force
- 121Inward transfers of pension rights Not yet in force
- 122Right to count credited period Not yet in force
- 123Rights as to service not matched by credited period Not yet in force
- 124Credited periods for transferring members with mis-sold pension rights Not yet in force
- Community scheme transferees Not yet in force
- 125Community scheme transferees Not yet in force
- Payments between funds and authorities Not yet in force
- 126Changes of fund Not yet in force
- 127Liability for combined benefits Not yet in force
- Part V: SPECIAL CASES Not yet in force
- Chapter I: ELIGIBILITY Not yet in force
- 128Transport employees Not yet in force
- 129Further cases of eligibility: non-employees Not yet in force
- 130Separate employments etc. Not yet in force
- Chapter II: MODIFICATIONS FOR CERTAIN EMPLOYEES ETC. Not yet in force
- 131Former contributors Not yet in force
- 132Employees of Scottish Homes and former employees of Scottish Special Housing Association Not yet in force
- 133Transfers under the Local Government etc. (Scotland) Act 1994 etc: early leavers Not yet in force
- 134Local government reorganisation Not yet in force
- 135Persons transferred under an order under section 34 of the Local Government (Scotland) Act 1975 or in consequence of section 1 of the Education (Mentally Handicapped Children) (Scotland) Act 1974 Not yet in force
- Conversion of Discretionary Payments Regulations periods into membership Not yet in force
- 136Conversion of periods credited under Discretionary Payments Regulations etc. into membership Not yet in force
- 137Rights under section 12 of the Superannuation Act 1972 Not yet in force
- Signature
- Schedule 1INTERPRETATION Not yet in force
- Schedule 2: SCHEME EMPLOYERS Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9 Not yet in force
- 10Paragraph 10 Not yet in force
- Schedule 3EXCLUDED MEMBERSHIP Not yet in force
- Schedule 4: REVENUE RESTRICTIONS Not yet in force
- Preliminary Not yet in force
- 1Paragraph 1 Not yet in force
- Class A members Not yet in force
- 2Paragraph 2 Not yet in force
- Class B members and Class C members Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- Maximum additions under regulations 52 and 54 Not yet in force
- 8Paragraph 8 Not yet in force
- Controlling directors Not yet in force
- 9Paragraph 9 Not yet in force
- Overriding provisions Not yet in force
- 10Paragraph 10 Not yet in force
- Schedule 5: APPROPRIATE FUNDS Not yet in force
- Part I: GENERAL RULES Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- IIMISCELLANEOUS AUTHORITIES Not yet in force
- Schedule 6 Not yet in force
- Part III: FORMER CONTRIBUTORS Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- Explanatory note