Local Government Superannuation (Scotland) Regulations 1974

JurisdictionUK Non-devolved

1974 No. 812 (S. 70)

PENSIONS

The Local Government Superannuation (Scotland) Regulations 1974

7thMay 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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