Local Government Superannuation (Scotland) Amendment (No. 4) Regulations 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1926 |
| Year | 1978 |
1978 No. 1926 (S. 168)
PENSIONS
The Local Government Superannuation (Scotland) Amendment (No. 4) Regulations 197815thDecember 1978
9thJanuary 1979
31stJanuary 1979
In exercise of the powers conferred on me by sections 7 and 12 of the Superannuation Act 1972(a), and of all other powers enabling me in that behalf, after consultation with such associations of local authorities as appeared to me to be concerned and such representatives of other persons likely to be affected by the regulations as appeared to me to be appropriate, I hereby make the following regulations:—
Title and commencement
1.—(1) These regulations may be cited as the Local Government Superannuation (Scotland) Amendment (No. 4) Regulations 1978 and shall come into operation on 31st January 1979 and have effect from 6th April 1978 except regulations 17, 20 and 32 which shall have effect from 6th April 1975.
(2) The Local Government Superannuation (Scotland) Regulations 1974 to 1978(b) (in these regulations referred to as "the principal regulations") and these regulations may be cited together as the Local Government Superannuation (Scotland) Regulations 1974 to 1978.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires, words and expressions to which meanings are assigned by the principal regulations have the same respective meanings.
(2) In these regulations, unless the context otherwise requires, any reference to any enactment or regulation shall be construed as a reference thereto as amended, modified or extended by or under any other enactment or regulation (including any regulation in these regulations).
(3) The Interpretation Act 1889(c) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
Definitions
3.—(1) In regulation A3(1) of the principal regulations after the definition of "combination scheme" there shall be inserted the following definition—
" "contracted-out employment" shall be construed in accordance with section 30 of the Pensions Act;".
(a) 1972 c. 11.
(b) S.I. 1974/812; 1975/638; 1978/425, 1378, 1794.
(c) 1889 c. 63.
(2) In the said regulation A3(1) after the definition of "equivalent pension benefits" there shall be inserted the following definition—
" "guaranteed minimum pension" has the meaning assigned to it by section 26 of the Pensions Act;".
(3) In the said regulation A3(1) in the definition of "remuneration" at the end there shall be added the following proviso—
"Provided that where the employee in his employment under a scheduled body belongs to a class or description of employee in relation to which an agreement entered into by that body under regulation L10A is in force, then in respect of the period during which that agreement remains in force and the employee in his employment under that body remains an employee of that class or description, the amount determined in relation to him in accordance with the method specified in the agreement as the amount representing the whole of his remuneration or, as the case may be, such part of his remuneration as is specified in the agreement, shall be deemed for the purposes of these regulations to be his remuneration or, as the case may be, such part of his remuneration as is so specified;".
Definition of enactments
4. In regulation A4 of the principal regulations after the definition of "the Northern Ireland Act" there shall be added the following definition—
" "the Pensions Act" means the Social Security Pensions Act 1975(a);".
Return of employee's contributions in certain cases
5.—(1) At the end of regulation C8(4)(c) of the principal regulations the full stop shall be deleted and there shall be added the following—
"; or
(d) in the case of a person who is entitled to a pension under regulation E2(1)(c) or (d) in respect of any period of service in contracted-out employment.".
(2) In regulation C8(7) of the principal regulations after the word "applies)" there shall be inserted the words "or who satisfies the requirements of regulation E2(1)(d) (other than a person who elects under regulation E2(5)(b))".
Exclusion from reckonable service and qualifying service
6.—(1) After regulation D3(1)(a)(ii) of the principal regulations there shall be added the following regulation—
"(iii) after he became entitled to a benefit under paragraph (1)(c) or (1)(d) of regulation E2 on ceasing to hold an employment in which he was a pensionable employee and in respect of his so ceasing a return of the whole or a part of the aggregate amount of his contributions to the appropriate superannuation fund within the meaning of regulation C8 has been made under that regulation; or";
(2) In the proviso to regulation D3(2)(a), after the word "therein" there shall be inserted the words "or in the circumstances mentioned in paragraph (1)(a)(iii)".
(a) 1975 c. 60.
Previous service of certain re-employed persons
7. At the end of regulation D16(1)(a)(iii) of the principal regulations the word "and" shall be deleted and there shall be added the following regulation—
"or
(iv) after he became entitled to a retirement pension by virtue of regulation E2(1)(c) on ceasing to hold an employment in which he was a pensionable employee has entered further employment with a scheduled body and in respect of his so ceasing a return of contributions has been made; and".
Pensionable remuneration
8.—(1) At the end of regulation E1(3)(f) the word "and" shall be deleted.
(2) At the end of regulation E1(3)(g) the full stop shall be deleted and there shall be added the following—
"; and
(h) in the case of a pensionable employee whose remuneration, or part of whose remuneration, throughout the whole or part of the relevant period was an amount determined in accordance with the method specified in an agreement under regulation L10A, then, if the amount of his pensionable remuneration is less than the amount it would have been if—
(i) the agreement had not been in force; and
(ii) his pensionable remuneration had been determined by reference to so much of his remuneration (if any), other than payments for overtime and payments by way of bonus, in the relevant period as exceeds one and a half times the lower earnings limit within the meaning of the Social Security Act 1975(a) in force when he ceases to hold the employment and does not exceed the upper earnings limit within the meaning of the said Act of 1975 in force as aforesaid,
it shall be increased by the difference between it and the last-mentioned amount.
In the application of the definition of "remuneration" in regulation A3(1) to the word "remuneration", in the second place in which the word occurs in (ii) above, that definition shall have effect as if the proviso thereto were omitted.".
Entitlement to retirement pension and retiring allowance
9.—(1) In regulation E2(1) of the principal regulations for the words "paragraph (4)" there shall be substituted the words "paragraphs (4) and (5)".
(2) After regulation E2(1)(c) of the principal regulations there shall be added the following—
"or
(d) he is not entitled to a benefit under sub-paragraph (a), (b) or (c) and has attained or is in the income tax year in which he attains the age of 65 years in the case of a man or 60 years in the case of a woman.".
(a) 1975 c. 14.
(3) In regulation E2(4)(a)(iv) of the principal regulations after the word "ceased" there shall be inserted the following—
": Provided that, if he has a guaranteed minimum under section 35 of the Pensions Act in relation to his retirement pension, he may not make such an election if that pension would be reduced under regulation E3(9), but for the provisions of regulation E20(2), to less than his guaranteed minimum pension".
(4) The following regulation shall be substituted for regulation E2(4)(c) of the principal regulations—
"(c) if the whole of the aggregate amount of the pensionable employee's contributions to the appropriate superannuation fund within the meaning of regulation C8 has been returned to him under that regulation;".
(5) After regulation E2(4) of the principal regulations there shall be added the following regulation—
"(5) A pensionable employee who satisfies the requirements of regulation E2(1)(d) shall not on that account be entitled to receive payment of or payments in respect of a benefit under these regulations—
(a) unless on ceasing to hold his employment he has attained the age of 65 years or until he attains that age; or
(b) in the case of a male pensionable employee who has not attained that age, unless not later than 3 months after ceasing to hold his employment, by notice in writing to the employing authority, he elects to be entitled to receive benefits under this regulation from the date on which he so ceases; or
(c) in the case of a female pensionable employee, until she retires and attains or has attained the age of 60 years:
Provided that an election may not be made under sub-paragraph (b) if the employee has a guaranteed minimum under section 35 of the Pensions Act in relation to his retirement pension and that pension would be reduced under regulation E3(9), but for the provisions of regulation E20(2), to less than his guaranteed minimum pension.".
Amount of retirement pension and retiring allowance
10.—(1) In regulation E3(1) of the principal regulations after the figure "(2)," there shall be inserted the figure "(7A),".
(2) After regulation E3(7) of the principal regulations there shall be inserted the following regulation—
"(7A) Where a pensionable employee becomes entitled to benefits under these regulations by virtue of regulation E2(1)(c) and a part of the aggregrate amount of his contributions to the appropriate superannuation fund within the meaning of regulation C8 has been returned to him under that regulation, for the purpose of calculating the amount of a benefit under this regulation no account shall be taken of reckonable service in respect of which the return of contributions has been made.".
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