Local Government Superannuation (Scotland) Regulations 1974
Jurisdiction | UK Non-devolved |
1974 No. 812 (S. 70)
PENSIONS
The Local Government Superannuation (Scotland) Regulations 19747thMay 1974
15thMay 1974
16thMay 1974
ARRANGEMENT OF REGULATIONS
PART A
PRELIMINARY
A1. Title and commencement
A2. Interpretation
A3. Definitions
A4. Definition of enactments
A5. Treatment of certain separate employments
A6. Persons treated as employees of a scheduled body
A7. Treatment of certain additional duties
A8. Deemed employments
PART B
SUPERANNUATION FUNDS AND CONTRIBUTORS THERETO
B1. Superannuation funds
B2. Pensionable employees
B3. Appropriate superannuation fund
B4. Power to admit employees of other bodies
B5. Management of superannuation fund
B6. Use and investment of superannuation fund's moneys
PART C
CONTRIBUTIONS AND CERTAIN OTHER PAYMENTS TO SUPERANNUATION FUNDS
C1. Payment and amount of employee's contributions
C2. Leave of absence from duty
C3. Statement of remuneration received otherwise than from employing authority
C4. Deduction from remuneration of employee's contributions and recovery thereof
C5. Employer's contributions
C6. Employer's additional contributions
C7. Employer's further payments
C8. Return of employee's contributions in certain cases
C9. Reduction of returned contributions following payment in lieu of contributions
PART D
SERVICE
D1. Reckonable service
D2. Qualifying service
D3. Exclusion from reckonable service and qualifying service
D4. Previous employment under an officer
D5. Treatment of certain contributing service as non-contributing service
D6. Non-contributing service treated as contributing service on payment of additional contributory payments
D7. Previous employment treated under regulation D4 or service treated under regulation D5 as non-contributing service to be treated as contributing service on payment of additional contributory payments
D8. Continuation of additional contributory payments commenced under the former regulations
D9. Non-contributing service treated at discretion of employing authority as contributing service
D10. Added years reckonable on payment as reckonable service
D11. Continuation of payments for added years commenced under the former regulations
D12. Increase of reckonable service on lump sum payment
D13. Increase of reckonable service on the making of periodical payments
D14. Increase of reckonable service at discretion of employing authority in the case of certain late entrants
D15. Previous service of certain variable-time employees
D16. Previous service of certain re-employed pensioners
D17. Calculation of part-time service
D18. Counting of non-contributing service
D19. Disregard of certain reckonable service in determining entitlement to benefits
D20. Counting of certain reckonable service and qualifying service in determining entitlement to benefits
D21. Disregard of certain reckonable service in calculating the amount of any benefit
D22. Counting of certain reckonable service in calculating the amount of any benefit
PART E
BENEFITS
E1. Pensionable remuneration
E2. Entitlement to retirement pension and retiring allowance
E3. Amount of retirement pension and retiring allowance
E4. Allocation of part of retirement pension
E5. Entitlement to widow's short-term pension and widow's long-term pension
E6. Amount of widow's short-time pension and widow's long-term pension
E7. Widow's special short-term pension
E8. Entitlement to children's short-term pension and children's long-term pension
E9. Amount of children's short-term pension and children's long-term pension
E10. Children's special short-term pension
E11. Death gratuity
E12. Pensions of widowers, etc.
E13. Additional benefits granted at discretion of employing authority in the case of certain female nursing, etc. staff
E14. Reduction of retirement pension in the case of certain former teachers
E15. Reduction of retirement pension, etc. in the case of certain re-employed local government pensioners
E16. Combined benefits in the case of certain re-employed local government pensioners
E17. Separate benefits in the case of certain re-employed local government pensioners
E18. Adjustment of superannuation rights on death of certain re-employed local government pensioners
E19. Benefits of persons with no entitlement under the former regulations to a retiring allowance and widow's pension or to a widow's pension
PART F
NATIONAL INSURANCE MODIFICATION
F1. Arrangement of pensionable employees into classes
F2. Cases which can apply
F3. Persons within Case A
F4. Persons within Case B
F5. Reduction of contributions
F6. Reduction of contributions in respect of added years, etc.
F7. Reduction of pension
F8. Persons in concurrent, etc. employments
F9. Old modification schemes
F10. Persons within Cases C and D
F11. Reduction of contributions
F12. Reduction of payments for added years and additional contributory payments
F13. Reduction of pension
F14. Reduction of death gratuity
F15. Reduction of benefit attributable to added years, etc.
F16. Calculation of ill-health pension
F17. Persons in concurrent, etc. employments
F18. Contributions deemed to have been made
F19. Limitations on surrender, termination, etc., of pensions
PART G
SPECIAL PROVISIONS FOR CERTAIN CASES
G1. Members of passenger transport executives and directors of subsidiaries thereof
G2. Employees of the Scottish Special Housing Association
G3. Certain persons formerly subject to the Edinburgh local Act scheme
PART H
DETERMINATION OF QUESTIONS AND APPEALS
H1. Initial determination of questions
H2. Appeal by employee, etc.
H3. Appeal by administering authority
H4. Deemed service of notices
PART J
TRANSITIONAL PROVISIONS, ETC.
J1. Definitions
J2. Valuation of superannuation funds
J3. Apportionment of superannuation funds
J4. Admission agreements
J5. Preservation of rights and liabilities of persons to whom the provisions of a local Act scheme applied immediately before the appointed day
J6. Modification of the regulations in their application to employees previously subject to a local Act scheme
J7. Persons transferred to National. Health Service employment under sections 31, 32 or 34 of the National Health Service (Scotland) Act 1972
J8. Modification of the regulations in their application to the Corporation of the City of Glasgow
PART K
PERSONS CEASING TO BE EMPLOYED AFTER 30TH MARCH 1972 AND BEFORE THE APPOINTED DAY
K1. Retrospective application
K2. Right to opt out
PART L
MISCELLANEOUS AND SUPPLEMENTAL
L1. Information to be supplied by certain employees
L2. Decisions to be taken by scheduled bodies as to status of employees
L3. Decisions to be taken by administering authorities as to status of employees
L4. Notification of decisions as to status
L5. Payments by employing authorities to administering authorities
L6. Transmission of documents and information between authorities
L7. Further provisions as to transmission of documents and information
L8. Decisions to be taken by employing authorities as to benefits and notification thereof
L9. Decisions to be taken by administering authorities as to benefits and notification thereof
L10. Certificates as to reduction in remuneration
L11. Provision as to payments in lieu of contributions
L12. Forfeiture of rights
L13. Benefits not assignable
L14. Age of compulsory retirement
PART M
AMENDMENTS, REVOCATIONS AND REPEALS
M1. Amendments
M2. Revocations and repeals
SCHEDULES
SCHEDULE 1. PENSIONABLE EMPLOYEES
Part I. Bodies whose whole-time employees are to be compulsorily superannuable
Part II. Certain persons who may be superannuable
SCHEDULE 2. MODIFICATIONS TO PARTS A, D AND E AND REGULATIONS J5 AND J6 IN THEIR APPLICATION TO PERSONS CEASING TO BE EMPLOYED AFTER 30TH MARCH 1972 AND BEFORE THE APPOINTED DAY
SCHEDULE 3. ADDITIONAL CONTRIBUTORY PAYMENTS
Part I. Calculation of sum payable
Part II. Provisions applicable while any sum outstanding
SCHEDULE 4. LIMITATION ON PAYMENT BY WAY OF ADDITIONAL CONTRIBUTIONS
SCHEDULE 5. PROVISIONS APPLICABLE AS RESPECTS ADDITIONAL CONTRIBUTIONS WHILE ANY AMOUNT REMAINS OUTSTANDING
SCHEDULE 6. AMOUNT TO BE PAID FOR ADDED YEARS
SCHEDULE 7. MAXIMUM LENGTH OF ADDITIONAL PERIODS PURCHASED BY EMPLOYEE OR GRANTED AT DISCRETION OF EMPLOYING AUTHORITY
SCHEDULE 8. AMOUNT TO BE PAID FOR ADDITIONAL PERIOD
Part I. Lump sum payment
Part II. Periodical payments
SCHEDULE 9. INCREASE OF RECKONABLE SERVICE ON ACCOUNT OF ILL-HEALTH OR DEATH IN SERVICE
SCHEDULE 10. REDUCTION OF BENEFITS UNDER REGULATION E3(9)
SCHEDULE 11. ALLOCATION OF PART OF RETIREMENT PENSION
SCHEDULE 12. MODIFICATIONS TO PART E IN ITS APPLICATION TO PERSONS WITH NO ENTITLEMENT UNDER THE FORMER REGULATIONS TO A RETIRING ALLOWANCE AND WIDOW'S PENSION OR TO A WIDOW'S PENSION
SCHEDULE 13. FLAT-RATE REDUCTION OF VOLUNTARY PAYMENTS
SCHEDULE 14. APPORTIONMENT OF SUPERANNUATION FUNDS
SCHEDULE 15. MODIFICATIONS TO THE REGULATIONS IN THEIR APPLICATION TO EMPLOYEES OF THE SCOTTISH SPECIAL HOUSING ASSOCIATION
SCHEDULE 16. AMENDMENTS
Part I. Enactments
Part II. Instruments
SCHEDULE 17. REVOCATIONS AND REPEALS
Part I. Enactments having effect as regulations under section 7 or 8(2) of the Act of 1972
Part II. Other enactments
Part III. Instruments having effect as regulations under section 7 or 8(2) of the Act of 1972
Part IV. Other instruments
In exercise of the powers conferred on me by sections 7, 8 and 12 of the Superannuation Act 1972(a), as read with paragraph 5(1) of Schedule 7 to that Act, section 110 of the National Insurance Act 1965(b) being the appropriate Minister for the purposes of the said section 110 in relation to the schemes for the provisions of pensions and other benefits under regulations made under section 7 of the Superannuation Act 1972, 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, the local Act authorities 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...
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