Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1979
| Jurisdiction | UK Non-devolved |
| Citation | SI 1979/785 |
| Year | 1979 |
1979 No. 785 (S. 76)
LOCAL GOVERNMENT, SCOTLAND
The Local Government (Compensation for Premature Retirement) (Scotland) Regulations 197928thJune 1979
16thJuly 1979
7thAugust 1979
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
1. Citation and commencement.
2. Interpretation.
3. Definitions.
4. Persons to whom the regulations apply.
5. Discretion to credit an additional period of service.
PART II
COMPENSATION
6. Lump sum compensation and annual compensation.
7. Allocation of part of annual compensation.
8. Entitlement to widow's short-term compensation and long-term compensation.
9. Amount of widow's short-term compensation and long-term compensation.
10. Entitlement to children's short-term compensation and long-term compensation.
11. Amount of children's short-term compensation and long-term compensation.
12. Compensation of widowers, etc.
PART III
ADJUSTMENT
13. Adjustment of compensation to take account of redundancy payments.
14. Other payments.
15. New employment.
16. Cessation of new employment.
PART IV
MISCELLANEOUS AND SUPPLEMENTAL
17. Notification of compensation.
18. Supply of information.
19. Procedure for payment of compensation.
20. Paying authority.
SCHEDULES
1. Employing authorities who may credit certain pensionable employees with an additional period of service.
2. Other entitlement.
3. Adjustment on account of redundancy payments.
4. Adjustment on account of new employment.
In exercise of the powers conferred on me by section 24 of the Superannuation Act 1972(a) and of all other powers enabling me in that behalf, I hereby make the following regulations:—
PART I
GENERAL
Citation and commencement
1. These regulations may be cited as the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1979 and shall come into operation on 7th August 1979.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires, any reference to a regulation or to a Schedule shall be construed as a reference to a regulation contained in, or to a Schedule to, these regulations, as the case may be, any reference to a paragraph shall be construed as a reference to a paragraph in the same regulation or Schedule, as the case may be and any reference to a sub-paragraph shall be construed as a reference to a sub-paragraph contained in the same paragraph.
(2) Any reference to the annual rate of compensation payable to a beneficiary immediately before the date of his death shall, if he died before he had been credited with an additional period of service under regulation 5, include a reference to the annual rate of compensation which would have been payable if he had been so credited before his death.
(a) 1972 c. 11.
Definitions
3. In these regulations, unless the context otherwise requires—
"beneficiary" means an eligible person who has been credited (whether before or after his death) with an additional period of service under regulation 5;
"eligible child" means—
(a) a legitimate child of a marriage of a beneficiary which took place on or before the material date, born before the expiration of one year after that date;
(b) an adopted child of a beneficiary, adopted on or before the material date; or
(c) a step-child or illegitimate child of a beneficiary, an adopted child of the wife of a marriage of a beneficiary which took place before the material date or a child accepted by a beneficiary as a member of the family, being a child wholly or mainly dependent on him both on the material date and at the time of his death;
"eligible person" means a person who is described in regulation 4;
"employing authority", in relation to a person, means the body specified in Schedule 1 whose employment of that person ceased as described in regulation 4(a);
"enactment" includes any instrument made under an Act;
"former employment", in relation to an eligible person or a beneficiary, means the employment which ceased as described in regulation 4(a); and paragraphs (5) to (8) of regulation E15 of the Superannuation Regulations shall apply for the purposes of these regulations, as if reference in those paragraphs to "former employment" were a reference to former employment within the meaning of these regulations;
"instrument" includes an Order in Council, regulation, order, rule, scheme, direction or agreement;
"material date", in relation to an eligible person or a beneficiary, means the date upon which he ceased to hold his former employment;
"new employment", in relation to a beneficiary, means employment with a scheduled body which he enters after the material date; and paragraphs (7) to (9) of regulation E15 of the Superannuation Regulations shall apply for the purposes of these regulations, as if reference in those paragraphs to "new employment" were a reference to new employment within the meaning of these regulations;
"occupational pension", in relation to an eligible person, means payments (other than lump sum payments) made in accordance with any contract, scheme or arrangement associated with his employment for the payment of superannuation benefits;
"pensionable employee", "pensionable remuneration", "qualifying service", "reckonable service" and "remuneration" have the same respective meanings as in the Superannuation Regulations;
"scheduled body" means—
(a) a scheduled body within the meaning of the Superannuation Regulations;
(b) a scheduled body within the meaning of the Local Government Superannuation Regulations 1974(a); or
(c) the Scottish Special Housing Association;
but references to employment with such a body shall not include employment by virtue of which a beneficiary is entitled to participate in benefits provided under regulations made under section 9 of the Superannuation Act 1972; and
"the Superannuation Regulations" means the Local Government Superannuation (Scotland) Regulations 1974(b).
Persons to whom the regulations apply
4. Subject to the provisions of regulation 5, these regulations shall apply to a pensionable employee who—
(a) on or after 1st April 1976, ceases to hold his employment with an employing authority by reason of redundancy or in the interests of the efficient exercise of that authority's functions, and in relation to whom that authority have certified in accordance with regulation E2(3)(a) of the Superannuation Regulations;
(b) on ceasing to hold that employment—
(i) has attained the age of 50 years but has not attained the age of 65 years, and
(ii) is entitled to reckon an aggregate of not less than 5 years' reckonable service and qualifying service; and
(c) is not entitled to have his case considered for payment of compensation, in respect of loss of that employment, under any instrument within the meaning of Part I of Schedule 2.
Discretion to credit an additional period of service
5. Subject as hereafter in these regulations provided, an employing authority may in their discretion, within 6 months after the date upon which these regulations come into effect or the material date, whichever is the later, credit an eligible person with an additional period of service not exceeding the shortest of the following periods—
(a) a period which, when added to his reckonable service and any period in respect of which he has become (or on attaining some greater age will become) entitled to an occupational pension, does not in aggregate exceed 40 years;
(b) a period equal to the period beginning with the day following the material date and ending with the day immediately preceding the day on which he attains the age of 65 years, less any period of residual entitlement which he has to his credit (as described in Part II of Schedule 2);
(c) a period equivalent to his reckonable and qualifying service; or
(d) a period of 10 years.
(a) S.I. 1974/520.
(b) S.I. 1974/812, relevant amending instruments are S.I. 1975/638, S.I. 1978/425 and S.I. 1978/1926.
PART II
COMPENSATION
Lump sum compensation and annual compensation
6.—(1) Subject as hereafter in these regulations provided, a beneficiary shall be entitled to receive compensation in accordance with paragraphs (2) and (3).
(2) Where a beneficiary, on ceasing to hold his former employment, becomes entitled under the Superannuation Regulations to receive a retiring allowance in relation to that employment, he shall be entitled to receive lump sum compensation equal to the amount by which that allowance would be increased in accordance with those regulations if a period, equal to the period with which he is credited under regulation 5, were added to service after 31st March 1972 which he is entitled to reckon as reckonable service.
(3) On ceasing to hold his former employment, a beneficiary shall be entitled to receive annual compensation at a rate equal to the rate by which his annual retirement pension under the Superannuation Regulations would be increased in accordance with those regulations if a period, equal to the period with which he is credited under regulation 5, were added to his reckonable service.
(4) In this regulation, reference to entitlement under the Superannuation Regulations means entitlement by virtue of regulation E2(1)(b)(iii) and E2(3)(a) of those regulations.
Allocation of part of annual compensation
7.—(1) This regulation shall apply to a beneficiary who—
(a) has been allowed, in accordance with regulation E4 of the Superannuation Regulations, to surrender a part of the retirement pension to which, on ceasing to hold his former employment, he would otherwise be entitled; and
(b) not later than one month after receiving, under regulation 17, written notification of the amount of his annual compensation has given notice to his employing authority that he desires this regulation to apply to him.
(2) A beneficiary to whom this regulation applies shall be entitled to surrender such part of his annual compensation as is described in paragraph (3), on the like terms and conditions and for the like consideration as if his annual compensation were a retirement pension to which...
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