The Local Government Superannuation (Scotland) Amendment Regulations 1989
These Regulations amend the Local Government Superannuation (Scotland) Regulations 1987 (“the principal Regulations”) as follows:—to take account of the relevant provisions of the Social Security Act 1986—new regulations (B1, B2, B4, B4A and B4B) are inserted into Part B of the principal Regulations, to provide that those who were not pensionable employees on 5th April 1988 shall not subsequently become such unless they so elect; to give those who at any time are pensionable employees the opportunity to opt out of the local government superannuation scheme established under the principal Regulations; and to give those who have opted out of the scheme the opportunity to opt back in (regulations 3 and 5);amendments are made which are consequential on the new right to elect not to be a pensionable employee, particularly in relation to—certain existing rights of election available to part-time employees, which are being replaced (regulations 3, 4 and 5);certain additional payments (regulation 7);refunds of contributions (regulation 9);benefits on retirement due to ill-health (regulation 13);death gratuities (regulation 18);gratuities for non-superannuable local government employees (regulation 29); andinjury allowances (regulations 30 and 31);a new regulation C9A and Schedule 7A are inserted to allow a pensionable employee to elect to make additional voluntary contributions, up to certain limits, under the local government superannuation scheme. The new Schedule provides that the additional contributions are to be used by the administering authority to provide money purchase benefits under a scheme approved for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988. The new Schedule also makes provision, amongst other matters, for changes of employment by the pensionable employee and for the making of new elections (regulations 7 and 43);the period of reckonable or qualifying service after which a pensionable employee becomes entitled to preserved benefits (instead of a refund of contributions) has been reduced from 5 years to 2 years (regulations 9(a) and (d), 12(a), 14, 15(a), 16(a) and 17);provision is made for the payment of benefits to dependants of deceased female local government employees in respect of service after 5th April 1988 on the same basis as is currently provided for dependants of male employees (regulations 10, 16(c) and 19);to take account of the relevant provisions of the Social Security Act 1985—provision is made for the method of revaluation of a pensionable employee’s guaranteed minimum, and where appropriate that of his widow, to be altered where the pensionable employee, on ceasing employment, or otherwise ceasing to be a pensionable employee, has elected to use his transfer value to purchase an annuity which meets certain requirements (regulation 11);revised arrangements and conditions are introduced relating to—payment of transfer values to occupational pension schemes, personal pension schemes, self-employed pension arrangements and insurance companies representing the cash equivalent of the accrued pension benefits being transferred; andthe amount of reckonable service to be credited upon receipt of a transfer value calculated in a manner consistent with the methods and assumptions made in determining a transfer valueallowance is made for the calculation of transfer values in respect of reckonable service undertaken before 6th April 1988 to be made under previous provisions where this proves to be more favourable (regulation 46(3) and (4));the period between valuations of a superannuation fund is reduced from 5 years to 3 years (regulation 33);the meaning of paragraph 14(1) of Part IV of Schedule 6 to the principal Regulations is clarified (regulation 42);a number of consequential and technical amendments are also made (regulations 6, 8, 12(b), 15(b) and (c), 16(b), 20, 21, 22, 24, 26, 32, 34, 35, 36, 39, 40 and 41);transitional provisions are contained in regulation 46.