The Local Government (Superannuation and Compensation for Premature Retirement) (Scotland) Amendment Regulations 1995

Amendment of the 1987 Regulations

4.—(1) Regulation C1 (appropriate superannuation fund) of the 1987 Regulations shall be amended by inserting after paragraph (3) the following new paragraph:—

“(3A) In relation to the pensionable employees of the employing authorities specified in column (1) of the Table below the appropriate superannuation fund shall be the fund maintained by the administering authority specified in column (2) of that Table opposite the name of the employing authority.

(2) Regulation E2 (entitlement to retirement pension and retiring allowance) of the 1987 Regulations shall be amended—

(a)by inserting in paragraph (5) at the beginning the words “Subject to paragraph (5A),”; and

(b)by inserting after paragraph (5) the following new paragraph:—

“(5A) A person entitled to benefits by virtue of paragraph (1)(b)(iii), who is also a person to whom the provisions of regulation 7 of the Local Government (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995(1) applies, may waive his entitlement under paragraph (1)(b)(iii) by notice in writing to his employing authority, but such waiver shall not prejudice his entitlement to benefit under any other provision of this regulation.”.

(3) Regulation E24 (certificates as to reduction in remuneration) of the 1987 Regulations shall be amended by inserting at the end of paragraph (1A) the following sub-paragraph:—

“or

(c)as a consequence of the provisions of the Local Government etc. (Scotland) Act 1994 at any time during the period beginning with 6th April 1995 and ending with 1st April 1996 he ceases to be employed by a local authority constituted under section 2 of the Local Government (Scotland) Act 1973(2), a joint board or joint committee the members of which are all such local authorities or by Central Scotland Water Development Board and obtains employment at a reduced remuneration with either a body constituted under sections 2, 62(1) or 128 of the Local Government etc. (Scotland) Act 1994 or a joint board the constituent authorities of which are all councils constituted under section 2 of that Act.”.

(4) Part I of Schedule 3 (pensionable employees) to the 1987 Regulations shall be amended—

(a)by substituting in paragraph 2 for the words “such councils as aforesaid” the words “councils specified in paragraph 1 or 7 of this Part”; and

(b)by inserting at the end the following paragraphs:—

“7.  A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in respect of which elections require to be held on 6th April 1995 in terms of section 5(2) of that Act.

8.  A body established under section 62(1) of the Local Government etc. (Scotland) Act 1994 (new water and sewerage authorities).

9.  The Scottish Children’s Reporter Administration, established under section 128 of the Local Government etc. (Scotland) Act 1994.”.