Local Government Superannuation (Scotland) Regulations 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/1850 |
| Year | 1987 |
1987 No. 1850 (S.128)
PENSIONS
The Local Government Superannuation (Scotland) Regulations 1987
Made 19th October 1987
Laid before Parliament 30th November 1987
Coming into force 21th December 1987
The Secretary of State, in exercise of the powers conferred on him by sections 7, 8(3) and 12 of the Superannuation Act 19721, and by section 110 of the National Insurance Act 19652as the appropriate Minister of the Crown under that section, 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 and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate in accordance with section 7(5) of the said Act of 1972 and not having considered consultation with any individual local authority desirable, hereby makes the following Regulations:
PART A
PRELIMINARY
Citation and commencement
A1. These Regulations may be cited as the Local Government Superannuation (Scotland) Regulations 1987 and shall come into force on 21st December 1987.
Interpretation
A2.—(1) Schedule 1 contains a glossary of expressions and in these Regulations, unless the context otherwise requires, any expression listed in column 1 of that Schedule has the meaning given against it in column 2 of that Schedule or is to be construed in accordance with directions given against it in column 2 of that Schedule.
(2) In these Regulations, unless the context otherwise requires—
(a)
(a) any reference to a numbered regulation, Part or Schedule is to be construed as a reference to the regulation, Part or Schedule, as the case may be, which bears that number in these Regulations, and any reference to a numbered paragraph in a regulation of, or a Schedule to, these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, that Schedule;
(b)
(b) any reference to, or to things done or falling to be done under or for the purposes of, any provision of these Regulations is, if and so far as the nature of the reference permits, to be construed as including, in relation to circumstances or purposes in relation to which the corresponding provision in the 1974 Regulations has or had effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision;
(c)
(c) any reference to—
(i) any enactment applying to Scotland listed in the table in paragraph 5 of Schedule 7 to the Act of 1972, or
(ii) any instrument (including a scheme) made under any enactment so listed, or
(iii) any provision of any such enactment or instrument, is to be construed as a reference to that enactment, instrument or provision as having effect by virtue of sub-paragraph (1) of that paragraph and as amended by the Miscellaneous Provisions Regulations.
(3) Where these Regulations require anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.
Application of the Regulations to the Scottish Special Housing Association and its employees
A3. Subject to the modifications set out in Schedule 2, these Regulations and any other Regulations having effect as if made under section 7 of the Act of 1972 shall apply to the Scottish Special Housing Association and its employees as though it were a body described in Part I of Schedule 3 and an administering authority.
Transfers from England and Wales to Scotland
A4.—(1) In this regulation “previous local government employment” means employment or employments in England and Wales—
(a)
(a) in relation to any time before 1st April 1974, as a contributory employee within the meaning of the Local Government Superannuation Act 19373or as a local Act contributor within the meaning of that Act, and
(b)
(b) in relation to any time after 31st March 1974, in which the person was or was deemed to be a pensionable employee within the meaning of the Local Government Superannuation Regulations 19744or by virtue of which the person was a contributor to the local Act Superannuation Fund within the meaning of the Local Government Superannuation (City of London) Regulations 19775.
(2) This regulation shall apply to a person who was in previous local government employment and to whom Part II of the Local Government Superannuation (England and Scotland) Regulations 1948 to 19706did not apply and who—
(a)
(a) entered employment with a scheduled body on or after 1st April 1974, or
(b)
(b) had ceased to be in previous local government employment on or after 1st April 1972, and more than a year after so ceasing became a contributing employee or local Act contributor.
(3) Where this regulation applies—
(a)
(a) “appointed day” for the purposes of the 1974 Regulations shall be 1st April 1974;
(b)
(b) these Regulations shall apply as if any period of previous local government employment was service with a scheduled body;
(c)
(c) except in regulation A5, any reference in these Regulations to an enactment, rule or regulation shall be deemed to include a reference to the corresponding provisions which applied or which apply in England and Wales.
Transfers from Scotland to England and Wales
A5.—(1) This regulation shall apply to a person—
(a)
(a) who on or after 31st March 1972 ceases to be employed in a local government employment;
(b)
(b) who subsequently enters employment with a scheduled body within the meaning of the Local Government Superannuation Regulations 1974 or the Local Government Superannuation Regulations 19867(hereinafter referred to as “the new employment”); and
(c)
(c) to whom Part III of the Local Government Superannuation (England and Scotland) Regulations 1948 did not apply.
(2) Part Q of these Regulations shall apply to a person to whom this regulation applies as if on the date of entry to the new employment he had become employed by a scheduled body and any references to “new local government employment” and “new fund authority” in that Part of these Regulations shall be treated as if they included a reference to the corresponding terms in Part Q of the Local Government Superannuation Regulations 1986.
Payment of benefits
A6. Except where the contrary intention appears any benefit payable under these Regulations shall be paid out of the appropriate superannuation fund.
PART B
PENSIONABLE EMPLOYMENT
Pensionable employees
B1.—(1) Paragraphs (2) to (10) have effect subject to paragraphs (11) and (12).
(2) A whole-time officer of a body described in Part I of Schedule 3 (“a Part I scheduled body”) is a pensionable employee.
(3) A whole-time manual worker employed by a Part I scheduled body is a pensionable employee if he—
(a)
(a) has completed 12 months continuous employment with that body, or
(b)
(b) has entered or re-entered the employment of that body—
(i) less than 12 months after completing at least 12 months continuous employment with a Part I scheduled body, or
(ii) after having been in other local government employment and without having applied for a return of the whole of his contributions, or
(c)
(c) satisfies the requirements of Part III of Schedule 3.
(4) A variable-time employee of a Part I scheduled body who is also a pensionable employee in a whole-time employment with any such body—
(a)
(a) is a pensionable employee in the variable-time employment, and
(b)
(b) if he ceases to hold the whole-time employment, remains a pensionable employee while he continues without break of service in the variable-time employment.
(5) An employee described in Part II of Schedule 3 is a pensionable employee if the body employing him have by a statutory resolution—
(a)
(a) specified him as a pensionable employee, or
(b)
(b) specified a class of employees, to which he belongs, as pensionable employees.
(6) A whole-time member of a passenger transport executive is a pensionable employee if that executive have, with the consent of the passenger transport authority for which they are the executive, by a statutory resolution specified him as a pensionable employee.
(7) A whole-time director of a subsidiary of a passenger transport executive is a pensionable employee if that executive have by a statutory resolution specified him as a pensionable employee.
(8) A person who immediately before 16th May 1974—
(a)
(a) was a member of a passenger transport executive or a director of a subsidiary of a passenger transport executive, and
(b)
(b) was in that position a contributory employee,
is a pensionable employee while he continues without break in service in that position.
(9) A person who immediately before 21st December 1987 was a pensionable employee by virtue of regulation B2(1)(g) of the 1974 Regulations (certain former contributory employees continuously employed by same body) is a pensionable employee while he continues without break in service in employment with the same body.
(10) Subject to regulation B4, every pensionable employee employed by a scheduled body who before 1st April 1986 ceased to be a whole-time employee but who continued without a break of service in the employment of that body in the same post and who was, not-withstanding the provisions of the Local Government Superannuation (Scotland) Regulations 1974-86 in force before that date, regarded as a pensionable employee by that scheduled body and, where the body was not an administering authority, by the administering authority is a pensionable employee.
(11) A Part I scheduled body may resolve that a person who falls within paragraph (2), (3) or...
To continue reading
Request your trial