The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2019

Document Number:2019 No. 161
Coming into force:Coming into force on the 28/06/2019
 
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Scottish Statutory Instruments

Public Service Pensions

Made

30 th April 2019

Laid before the Scottish Parliament

2 nd May 2019

Coming into force

28 th June 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 7 of the Superannuation Act 1972(1) and sections 1 , 2 and 3 and schedule 2 , paragraph 3(b) of the Public Services Pensions Act 2013(2) and all other powers enabling them to do so.

In accordance with section 7(5) of the Superannuation Act 1972 , they have consulted such associations of local authorities as appeared to them to be concerned, such local authorities with whom consultation appeared to them to be desirable, and such representatives of other persons likely to be affected by these Regulations as appeared to them to be appropriate.

In accordance with section 21(1) of the Public Services Pensions Act 2013 , the Scottish Ministers consulted such persons or the representatives of such persons as appeared to the Scottish Ministers likely to be affected by these Regulations.

Citation, commencement and effect

  1. —(1) These Regulations may be cited as the Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2019 , and come into force on 28 June 2019.

    (2) Regulations 2 (other than paragraph (18)(b)) and 3 have effect from 1 June 2018.

    (3) Regulations 2(18)(b) and 4 have effect from 1 April 2015.

    Amendment of the Local Government Pension Scheme (Scotland) Regulations 2018

  2. —(1) The Local Government Pension Scheme (Scotland) Regulations 2018(3) are amended in accordance with paragraphs (2) to (28).

    (2) In regulation 1(2)—

    (a) after “29(11) ,” insert “29(13) ,”, and

    (b) for “transfer” substitute “Transfer”.

    (3) For regulation 2(1) substitute “These Regulations consolidate with certain amendments the provisions of the Local Government Pension Scheme (Scotland) Regulations 2014 , which established a scheme for the payment of pensions and other benefits to or in respect of persons employed by Scheme employers, and constitute “the Scheme””.

    (4) In regulation 2(2) for “scheme” substitute “Scheme”.

    (5) In regulation 8(1) for “Pension” substitute “Pensions”.

    (6) In regulation 9—

    (a) in paragraph (4) for “affect” substitute “affects”,

    (b) in paragraph (5) for “meaning of “actual pensionable pay”” substitute “meaning of “pensionable pay””, and

    (c) in paragraph (6) for “on or after” substitute “on or after the day prior to”.

    (7) In regulation 10(1) for “scheme” substitute “Scheme”.

    (8) In regulation 11 , after paragraph (4) insert—

    “(5) An active member, who is absent from work with permission from the member’s Scheme employer (otherwise than by reason of illness or injury) for a continuous period of less than 31 days and is receiving reduced or no pay, must pay contributions on the pensionable pay the member would have received during that period but for the absence.”.

    (9) In regulation 16—

    (a) in paragraph (11)(e) for “29(6)” substitute “29(7)”, and

    (b) in paragraph (16) after “applies,”...

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