The Local Government Superannuation (Scotland) Regulations 1987

Age	Pension factor	Retiring allowance factor	Modification factor	Guaranteed minimum pension factor
Under 20	5.00	.60	.25	1.47
20	5.05	.60	.25	1.50
21	5.10	.61	.25	1.53
22	5.13	.61	.30	1.56
23	5.20	.61	.30	1.59
24	5.25	.62	.30	1.62
25	5.30	.62	.35	1.65
26	5.35	.63	.40	1.68
27	5.40	.63	.40	1.71
28	5.45	.63	.45	1.74
29	5.50	.64	.50	1.78
30	5.55	.64	.50	1.81
31	5.60	.65	.55	1.85
32	5.65	.66	.60	1.88
33	5.70	.66	.65	1.92
34	5.75	.67	.70	1.95
35	5.80	.67	.80	1.99
36	5.85	.68	.90	2.02
37	5.90	.68	1.00	2.06
38	5.95	.68	1.10	2.10
39	6.00	.69	1.20	2.14
40	6.05	.69	1.30	2.18
41	6.10	.70	1.40	2.22
42	6.15	.70	1.50	2.26
43	6.20	.71	1.60	2.30
44	6.25	.72	1.70	2.34
45	6.30	.72	1.80	2.39
46	6.40	.73	1.90	2.44
47	6.50	.74	2.00	2.48
48	6.60	.74	2.20	2.53
49	6.70	.75	2.40	2.58
50	6.80	.75	2.60	2.62
51	6.90	.76	2.90	2.67
52	7.10	.76	3.20	2.72
53	7.30	.77	3.50	2.78
54	7.50	.78	3.80	2.84
55	7.70	.79	4.20	2.90
56	8.00	.80	4.60	2.97
57	8.30	.81	5.00	3.04
58	8.60	.82	5.40	3.12
59	9.00	.84	5.80	3.20
60	9.50	.86	6.30	3.28
61	9.50	.88	6.80	3.36
62	9.50	.91	7.40	3.44
63	9.50	.94	8.10	3.53
64	9.50	.98	9.00	3.64
65	9.50	1.00	9.50	—
Age	Pension factor	Retiring allowance factor	Modification factor	Guaranteed minimum pension factor
---	---	---	---	---
Under 20	7.00	.60	.50	2.20
20	7.05	.60	.50	2.24
21	7.10	.61	.55	2.28
22	7.15	.61	.60	2.32
23	7.20	.61	.65	2.36
24	7.25	.62	.70	2.40
25	7.35	.62	.75	2.45
26	7.40	.63	.80	2.50
27	7.45	.63	.85	2.55
28	7.50	.63	.90	2.60
29	7.55	.64	.95	2.66
30	7.65	.64	1.05	2.71
31	7.70	.65	1.15	2.77
32	7.80	.66	1.25	2.82
33	7.90	.66	1.35	2.88
34	7.95	.67	1.45	2.93
35	8.05	.67	1.55	2.99
36	8.15	.68	1.65	3.05
37	8.25	.68	1.75	3.11
38	8.35	.68	1.85	3.17
39	8.45	.69	1.95	3.24
40	8.55	.69	2.10	3.31
41	8.65	.70	2.25	3.38
42	8.75	.70	2.45	3.45
43	8.85	.71	2.65	3.52
44	8.95	.72	2.90	3.59
45	9.05	.73	3.15	3.66
46	9.15	.74	3.40	3.74
47	9.25	.75	3.70	3.82
48	9.35	.76	4.00	3.90
49	9.45	.77	4.35	3.98
50	9.55	.78	4.75	4.06
51	9.65	.79	5.15	4.15
52	9.80	.80	5.60	4.25
53	9.95	.81	6.10	4.33
54	10.10	.82	6.65	4.43
55	10.30	.83	7.25	4.53
56	10.50	.84	7.95	4.63
57	10.75	.85	8.75	4.74
58	11.05	.87	9.65	4.85
59	11.40	.89	10.64	4.97
60	11.75	.91	11.75	—
61	11.75	.93	11.75	—
62	11.75	.95	11.75	—
63	11.75	.97	11.75	—
64	11.75	.99	11.75	—
65	11.75	1.00	11.75	—

PART III

Age	Pension factor	Retiring allowance factor	Modification factor	Guaranteed minimum pension factor
Under 20	3.90	.60	.20	1.47
20	3.95	.60	.20	1.50
21	4.00	.61	.20	1.53
22	4.05	.61	.25	1.56
23	4.10	.61	.25	1.59
24	4.10	.62	.25	1.62
25	4.15	.62	.30	1.65
26	4.20	.63	.30	1.68
27	4.25	.63	.35	1.71
28	4.30	.63	.35	1.74
29	4.30	.64	.40	1.78
30	4.35	.64	.40	1.81
31	4.40	.65	.45	1.85
32	4.45	.66	.50	1.88
33	4.45	.66	.50	1.92
34	4.50	.67	.55	1.95
35	4.55	.67	.65	1.99
36	4.60	.68	.70	2.02
37	4.65	.68	.80	2.06
38	4.65	.68	.90	2.10
39	4.70	.69	.95	2.14
40	4.75	.69	1.05	2.18
41	4.80	.70	1.10	2.22
42	4.85	.70	1.20	2.26
43	4.85	.71	1.30	2.30
44	4.90	.72	1.35	2.34
45	4.95	.72	1.45	2.39
46	5.00	.73	1.50	2.44
47	5.10	.74	1.60	2.48
48	5.20	.74	1.75	2.53
49	5.25	.75	1.90	2.58
50	5.35	.75	2.10	2.62
51	5.45	.76	2.30	2.67
52	5.60	.76	2.55	2.72
53	5.75	.77	2.80	2.78
54	5.90	.78	3.05	2.84
55	6.05	.79	3.35	2.90
56	6.25	.80	3.65	2.97
57	6.50	.81	4.00	3.04
58	6.75	.82	4.30	3.12
59	7.05	.84	4.65	3.20
60	7.45	.86	5.05	3.28
61	7.45	.88	5.45	3.36
62	7.45	.91	5.85	3.44
63	7.45	.94	6.35	3.53
64	7.45	.98	7.05	3.64
65	7.45	1.00	7.45	—
Age	Pension factor	Retiring allowance factor	Modification factor	Guaranteed minimum pension factor
---	---	---	---	---
Under 20	5.20	.60	.40	2.20
20	5.20	.60	.40	2.20
21	5.25	.61	.40	2.24
22	5.30	.61	.45	2.28
23	5.35	.61	.50	2.32
24	5.30	.62	.50	2.40
25	5.45	.55	.50	2.45
26	5.50	.63	.60	2.50
27	5.55	.63	.65	2.55
28	5.60	.63	.65	2.60
29	5.65	.64	.70	2.66
30	5.70	.64	.80	2.71
31	5.75	.65	.85	2.77
32	5.80	.66	.95	2.82
33	5.85	.66	1.00	2.88
34	5.90	.67	1.10	2.93
35	6.00	.67	1.15	2.99
36	6.10	.68	1.25	3.05
37	6.15	.68	1.30	3.11
38	6.25	.68	1.35	3.17
39	6.30	.69	1.45	3.24
40	6.40	.69	1.55	3.31
41	6.45	.70	1.65	3.38
42	6.55	.70	1.80	3.45
43	6.60	.71	1.95	3/52
44	6.70	.72	2.15	3.59
45	6.80	.73	2.35	3.66
46	6.85	.74	2.55	3.74
47	6.95	.75	2.75	3.82
48	7.00	.76	3.00	3.90
49	7.10	.77	3.25	3.98
50	7.15	.78	3.55	4.06
51	7.25	.79	3.85	4.15
52	7.35	.80	4.15	4.24
53	7.45	.81	4.55	4.33
54	7.60	.82	4.95	4.43
55	7.75	.83	5.40	4.53
56	7.90	.84	5.90	4.63
57	8.10	.85	6.50	4.74
58	8.30	.87	7.20	4.85
59	8.60	.89	8.00	4.97
60	8.85	.91	8.85	—
61	8.85	.93	8.85	—
62	8.85	.95	8.85	—
63	8.85	.97	8.85	—
64	8.85	.99	8.85	—
65	8.85	1.00	8.85	—

PART IV

1

The transfer value payable under regulation Q2(1) in respect of a person is to be calculated in accordance with the following formula if the service he is entitled to reckon in his new local government employment which he was also entitled to reckon in his previous local government employment exceeds 182 days—

$$T=(F×S×R)100-A,$ where— T is the amount of the transfer value; F is the amount shown in column (2) of the following Table applicable to his age as set out in column (1) when he ceased to be employed in his previous local government employment, TABLE (1)(2)(Age on ceasing to be employed in previous local government employment)(Amount)£ Under 301130 to 39 (inclusive)1240 to 49 (inclusive)1350 and over14; S is the length of the reckonable service in complete years ignoring any residual period of 182 days or less and taking any residual period which exceeds 182 days as a complete year; R is the annual rate of his remuneration of his previous local government employment at the date on which he ceased to be employed in that employment; and A is the amount of any additional contributory payments remaining outstanding when he ceased to be employed in his previous local government employment.$

2

In any case not falling within paragraph 1 the transfer value payable under regulation Q2(1) in respect of a person is to be calculated in accordance with the following formula—

• T = 2 × C, where—

• T is the amount of the transfer value; and

• C is the amount of the employer’s contributions in relation to the reckonable service,

but the amount of the transfer value shall be zero if the person becomes employed in his new local government employment on or after 1st October 1981.

3

In ascertaining for the purposes of this Part the length of reckonable service which a person is or was entitled to reckon, the reckonable service is to count at the length at which it would reckon in calculating the amount of a retirement pension under regulation E2(1)(b)(ii), except that—

• (a) any period of reckonable service which was reckonable under section 15 of the Act of 1937 (which related to teachers) is to be ignored;

• (b) it is to be assumed that he had completed the payment of any additional contributory payments; and

• (c) if additional contributions under regulation D10 of the 1974 Regulations (or any corresponding provision of an earlier enactment) or regulation C6 have been paid but not all those for which he was originally liable, the apportionment formula in paragraph 3 of Schedule 9 is to be applied.

4

Subject to paragraph 5, in ascertaining for the purposes of this Part the annual rate of a persons remuneration at the date on which he ceased to be employed in his previous local government employment—

• (a) the annual rate of any fluctuating element of his remuneration is to be estimated by reference to an average taken over a representative period;

• (b) the annual rate of any benefit in kind included in his remuneration is to be the estimated annual value of the benefit in kind at the date on which he ceased to be employed;

• (c) if at that date he had no remuneration or his remuneration was reduced because of absence from duty, the annual rate is to be taken to be the annual rate which would have applied if he had not been absent;

• (d) if the annual rate of his remuneration is retrospectively altered as a result of a pay award promulgated by a national joint council or other negotiating body on or before the date on which he ceased to be employed, the annual rate of his remuneration is to be based on the retrospective pay award;

• (e) if his remuneration is not calculated by reference to an annual rate but by reference to some other rate, the annual rate is to be derived from the applicable rate at the date on which he ceased to be employed;

• (f) if his previous local government employment was part-time, the annual rate of remuneration of a single comparable whole-time employment is to be used; and

• (g) if the annual rate of his remuneration exceeds £100 it is to be rounded down to the nearest £100.

5

If—

• (a) during the 13 years ending on the cessation of the person’s previous local government employment his remuneration was reduced; and

• (b) his employing authority certified under regulation E24 that the reduction was in consequence of a material change in circumstances; and

• (c) his annual rate of remuneration immediately before the reduction, ascertained on similar principles to those in paragraph 4, was greater than the annual rate of remuneration on the date on which he ceased to be employed in his previous local government employment,

it is to be assumed for the purposes of this Part that he was earning at the higher rate at the date on which he ceased to be employed in his previous local government employment.

6

Where the person has made a payment to his new fund authority under regulation D1(2) or J9(3) of the 1974 Regulations or H8(3) of these Regulations, the transfer value payable under regulation Q2(1) is to be reduced by an amount equal to that payment.

7

Compound interest calculated in accordance with regulation J7 is to be paid on the transfer value payable under regulation Q2(1) for the period beginning with the date on which the person ceased to be employed in his previous local government employment and ending on the date on which the transfer value is paid (but no interest is to be paid if that period is less than 6 months).

PART V

1

The additional transfer value payable under regulation J3(2) and the transfer value that may be accepted where regulation J8(5) applies is in each case (A × B × C) + D, where—

• A is the period— which the person would have been entitled to reckon as reckonable service by virtue of regulation F6(1)(a) or (b), or which would have been taken into account in calculating additional benefits in accordance with regulation F6(12), or which he would have been entitled to reckon under the war service provisions of the public service scheme, as the case may be;

• B is the figure in column 2 or 3 of the Table below appropriate to the person’s age on 1st April 1978 and sex;

• C is either— the annual rate of the person’s pensionable remuneration at 1st April 1978, or if on that date he was entitled to a pension, the amount of remuneration taken into account in calculating the pension, increased by the annual amount (if any) by which an annual pension at a rate equal to that amount of remuneration, and beginning on the same date as the person’s pension, would by 1st April 1978 have been increased under the Pensions (Increase) Act 1971[^f00123]; and

• D is compound interest on (A X B × C), calculated, in the case of an additional transfer value payable under regulation J4(2), in accordance with regulation J7 in respect of the period beginning on 1st April 1978 and ending with the date on which the transfer or additional transfer value is paid.

2

For the purposes of paragraph 1, the annual rate of a person’s pensionable remuneration shall be ascertained in accordance with the provisions of paragraphs 4 and 5 of Part IV of this Schedule.

Age on last birthday before 1st April 1978	Men	Women
40	0.1009	0.1328
41	0.1018	0.1334
42	0.1024	0.1357
43	0.1031	0.1372
44	0.1038	0.1389
45	0.1045	0.1405
46	0.1058	0.1422
47	0.1073	0.1437
48	0.1085	0.1454
49	0.1099	0.1470
50	0.1111	0.1487
51	0.1125	0.1502
52	0.1150	0.1525
53	0.1176	0.1548
54	0.1203	0.1571
55	0.1229	0.1599
56	0.1267	0.1628
57	0.1306	0.1663
58	0.1345	0.1707
59	0.1397	0.1759
60	0.1463	0.1810
61	0.1465	0.1818
62	0.1469	0.1825
63	0.1473	0.1833
64	0.1478	0.1840
65	0.1480	0.1844
66	0.1436	0.1800
67	0.1392	0.1756
68	0.1355	0.1713
69	0.1311	0.1669
70	0.1267	0.1625
71	0.1230	0.1575
72	0.1190	0.1519
73	0.1144	0.1463
74	0.1106	0.1406
75	0.1063	0.1350
76	0.1019	0.1294
77	0.0981	0.1238
78	0.0938	0.1181
79	0.0900	0.1131
80	0.0854	0.1088
81	0.0815	0.1044
82	0.0775	0.1006
83	0.0735	0.0969
84	0.0698	0.0931
85	0.0661	0.0894
86	0.0623	0.0856
87	0.0585	0.0825
88	0.0554	0.0794
89	0.0525	0.0769
90	0.0496	0.0744
91	0.0467	0.0719
92	0.0440	0.0694
93	0.0419	0.0669
94	0.0398	0.0644
95	0.0377	0.0625
96	0.0356	0.0600
97	0.0342	0.0581
98	0.0321	0.0556
99	0.0306	0.0531

SCHEDULE 17 — CALCULATION OF RECKONABLE SERVICE TO BE CREDITED UNDER REGULATION J9(1)(a)

1

Subject to the provisions of this Schedule, the period which a person is entitled to reckon as reckonable service by virtue of regulation J9(1)(a) is a period equal to the period of reckonable service which would enable the fund authority to pay under regulation J2 a transfer value (calculated in accordance with Schedule 16)—

• (a) of the amount which that authority accepted in respect of him under regulation 18, or

• (b) where—

• (i) the person became employed in his local government employment after 4th April 1983, and

• (ii) a limited revaluation premium was paid under section 45 of the Pensions Act and has been repaid to the fund authority by the Secretary of State,

of the total of the amount mentioned in sub-paragraph (a) and the amount of the premium.

2

For the purposes of paragraph 1 above—

• (1) in the case of a person who was subject in his non-local government employment to a statutory scheme or to any other scheme which is for the time being specified by the Secretary of State as a scheme which is to be treated as a statutory scheme for the purposes of this Schedule—

• (a) the calculation of the period he is entitled to reckon as reckonable service is to be made by reference to his age, and to the rate of his pensionable pay, used in the calculation of the transfer value received,

• (b) where in that calculation an amount of a person’s pay has been disregarded in connection with a retirement pension under section 30 of the Insurance Act or section 28 of the Social Security Act 1975, the pensionable pay is to be increased by that amount, and

• (c) any sum representing interest included in the transfer value accepted is to be ignored;

• (2) in the case of a person who was subject in his non-local government employment to any other scheme—

• (a) if he became employed in his local government employment before 8th May 1975—

• (i) the calculation of the period he is entitled to reckon as reckonable service is to be made by reference to his age, and the annual rate of his remuneration, on 1st April 1972, or, if later, on the date when he became employed in his local government employment (here referred to as the “relevant date”); and

• (ii) the sum to be used as the amount of the transfer value shall be the sum notified to the fund authority by the scheme managers as the sum which the fund authority would have received in respect of the person had the transfer value been calculated and paid on the relevant date;

• (b) if he became employed in his local government employment on or after 8th May 1975 the calculation of the period he is entitled to reckon as reckonable service is to be made by reference to his age, and the annual rate of his remuneration, on the date when he became employed in his local government employment or, if the transfer value in respect of him is received by the fund authority more than one year after he became employed in his local government employment, on the date on which the transfer value is received;

• (c) any sum representing interest which is included in the transfer value accepted is to be taken into account;

• (3) the accrued pension in respect of the period last mentioned in paragraph 1 above shall be deemed—

• (a) where the person is such a person as is mentioned in regulation J12(1), to be subject to that paragraph, and paragraph (2) of that regulation shall have effect for this purpose as if at the end there were added the following sub-paragraph:—

(c) at the end of regulation F7(2) of the 1974 Regulations, there had been added the words “and a proportionate amount in respect of part of a year of such service”.

• (b) where the person is such a person as is mentioned in regulation J12(3), to be subject to that paragraph;

• (4)

• (a) where the pensionable pay mentioned in sub-paragraph (1) above relates to a period of part-time employment, the pensionable pay for that period shall be deemed to be the pensionable pay by reference to which the transfer value accepted would have been calculated had the person during that period been in a single comparable whole-time employment;

• (b) where the remuneration mentioned in sub-paragraph (2) above relates to part-time employment, the annual rate of remuneration on the relevant date shall be deemed to be the annual rate of remuneration notified to the fund authority by his local government employer as the remuneration which would have been paid in respect of a single comparable whole-time employment;

• (5) in the case of a person whose non-local government employment was not contracted-out employment, the calculation of the period he is entitled to reckon as reckonable service shall be made by reference to the transfer value which would have been payable under regulation J2 if Schedule 16 contained no reference to guaranteed minimum pension.

SCHEDULE 18 — FUND APPORTIONMENT WHERE 100 OR MORE TRANSFER THEIR PENSION RIGHTS UNDER REGULATION J14

PART I

1

This Part of this Schedule applies where the fund is to be apportioned under regulation J14(5) and all of the transfers under the transfer scheme are to take place on the same day.

2

The appropriate administering authority shall obtain a report from the fund’s actuary specifying the apportionment fraction to be applied in apportioning the fund together with details of the calculation.

3

The apportionment fraction is—

$$[AB×(C+D)]-EC,$ where— A is the value at the relevant date of the accrued actuarial liabilities of the fund which relate to the persons transferring their pension rights on that date to the approved non-local government scheme, B is the value at the relevant date of all accrued actuarial liabilities of the fund, C is the value at the relevant date of the transferable assets of the fund minus any sums then due from the fund, D is the value at the relevant date of any adjustments to be made in consequence of a certificate under regulation P9(1)(b) to sums (other than sums then due to the fund) to be contributed to the fund under regulation P12(1), and E is the value at the relevant date of the part (if any) of those adjustments that relate to the persons transferring their pension rights on that date to the approved non-local government scheme.$

4

The relevant date is the date on which those transferring their pension rights become subject to the approved non-local government scheme.

5

The accrued actuarial liabilities of the fund are the actual and potential liabilities of the fund in connection with any service or employment before the relevant date and, for this purpose, it is to be assumed that the liabilities which relate to those transferring their pension rights remain liabilities of the fund notwithstanding regulation J14(6).

6

The transferable assets of the fund are the assets which belong to the fund at the relevant date.

7

The values of items D and E are to be agreed by the actuary and the scheme managers of the approved non-local government scheme or, if they are unable to agree, they are to be determined by an actuary appointed by the Secretary of State.

8

Subject to paragraph 7 above, valuations are to be made by the actuary.

9

Where more than one approved non-local government scheme is involved, separate apportionment fractions shall be specified in the actuary’s report for the different schemes.

10

When the appropriate administering authority receive the actuary’s report they shall provide the scheme managers of the approved non-local government scheme with a copy of it.

11

The value of the share of the fund to which the scheme managers of the approved non-local government scheme are entitled shall be calculated in accordance with the formula—

$$V=W×(X-[Y+Z]),$ where— V is the value of the share of the fund to which the scheme managers are entitled, W is the apportionment fraction specified in the actuary’s report, X is the value (determined by the fund’s actuary) at the apportionment date of the transferable assets which still belong to the fund at that date and any other assets which belong to the fund at that date which represent in any form, or have accrued from, any transferable asset, Y is the total of any sums due from the fund at the relevant date and still outstanding at the apportionment date, and Z is the total of any sums due from the fund at the apportionment date (but not at the relevant date) in respect of any expenditure in connection with the transferable assets of the fund or assets representing, or accruing from, those assets.$

12

The apportionment date is the date specified as such by the appropriate administering authority in a notice given to the scheme managers of the approved non-local government scheme.

13

Except with the agreement of the scheme managers of the approved non-local government scheme, the apportionment date shall not be later than six months after the date on which the appropriate administering authority receive the actuary’s report.

14

Subject to paragraphs 15 to 17 below, immediately after the apportionment date the appropriate administering authority shall transfer to the scheme managers of the approved non-local government scheme assets of the fund of a value at the apportionment date equal to the value of the scheme managers' share of the fund and, unless the appropriate administering authority and the scheme managers otherwise agree, the composition of the assets to be transferred shall so far as possible reflect the composition of the transferable assets which still belong to the fund at the apportionment date and any other assets which belong to the fund at that date which represent in any form, or have accrued from, any transferable asset.

15

The appropriate administering authority and the scheme managers may agree to transfer assets in advance of the apportionment date.

16

The value of an advance under paragraph 15 shall not exceed such sum as the fund’s actuary may specify as appropriate in the circumstances.

17

Where an advance is made under paragraph 15, the appropriate administering authority’s liability under paragraphs 11 and 14 shall be reduced by an amount equal to—

$$LM×N,$ where— L is the value of the advance, M is the value of the share of the fund to which the scheme managers would have been entitled under paragraph 11 if the apportionment date had been the date on which the advance was made, and N is the value of the share of the fund to which the scheme managers would have been entitled under paragraph 11 if the advance had not been made.$

18

The employing authority shall bear the costs of apportioning the fund or, if there is more than one employing authority involved, each shall bear such part of those costs as the fund’s actuary determines.

19

The appropriate administering authority shall keep their accounts in a form which enables the calculations required in apportioning the fund to be made, and they shall also provide the fund’s actuary with any information he requires in connection with the apportionment.

PART II

20

This Part of this Schedule applies where the fund is to be apportioned under regulation J14(5) and the transfers under the transfer scheme are to take place on different days.

21

The provisions of Part I of this Schedule are to apply to the apportionment as if the transfers had occurred on a single date, but suitable adjustments are to be made to the sums payable to the scheme managers to reflect the fact that the transfers take place on different dates.

22

Any adjustments to be made under paragraph 21 shall be determined by the fund’s actuary, subject to the agreement of the appropriate administering authority and the scheme managers or, if they are unable to agree, by an actuary appointed by the Secretary of State.

SCHEDULE 19 — FUND APPORTIONMENT FOR CHANGES OF FUND WITHIN LOCAL GOVERNMENT

PART I

1

This Part of this Schedule applies where the fund is to be apportioned under regulation Q2(6) and all of the persons who are changing funds do so on the same day.

2

The previous fund authority shall obtain a report from an actuary specifying the apportionment fraction to be applied in apportioning the fund together with details of the calculation.

3

The apportionment fraction is—

$$[AB×(C+D)]-EC,$ where— A is the value at the relevant date of the accrued actuarial liabilities of the fund which relate to the persons changing funds on that date, B is the value at the relevant date of all accrued actuarial liabilities of the fund, C is the value at the relevant date of the transferable assets of the fund minus any sums then due from the fund, D is the value at the relevant date of any adjustments to be made in consequence of a certificate under regulation P9(1)(b) to sums (other than sums then due to the fund) to be contributed to the fund under regulation P12(1), and E is the value at the relevant date of the part (if any) of those adjustments which relates to the persons changing funds on that date.$

4

The relevant date is the date on which the change of fund occurs.

5

The accrued actuarial liabilities of the fund are the actual and potential liabilities of the fund in connection with any service or employment before the relevant date and, for this purpose, it is to be assumed that the liabilities which relate to those changing funds remain liabilities of the fund.

6

The transferable assets of the fund are the assets which belong to the fund at the relevant date.

7

The values of items D and E are to be agreed between the fund’s actuary and the actuary of the new fund authority or, if they are unable to agree, they are to be determined by an actuary appointed by the Secretary of State.

8

Subject to paragraph 7, valuations are to be made by the fund’s actuary.

9

Where more than one new fund authority is involved, separate apportionment fractions shall be specified in the actuary’s report for the different new fund authorities.

10

When the previous fund authority receive the actuary’s report they shall provide the new fund authority with a copy of it.

11

The value of the share of the fund to which the new fund authority are entitled shall be calculated in accordance with the formula—

$$V=W×(X—[Y+Z]),$ where V is the value of the share of the fund to which the new fund authority are entitled, W is the apportionment fraction specified in the actuary’s report, X is the value (determined by the fund’s actuary) at the apportionment date of the transferable assets which still belong to the fund at that date and any other assets which belong to the fund at that date which represent in any form or have accrued from any transferable asset, Y is the total of any sums due from the fund at the relevant date and still outstanding at the apportionment date, and Z is the total of any sums due from the fund at the apportionment date (but not at the relevant date) in respect of any expenditure in connection with the transferable assets of the fund or assets representing, or accruing from, those assets.$

12

The apportionment date is the date specified as such by the previous fund authority in a notice given to the new fund authority.

13

Except with the agreement of the new fund authority, the apportionment date shall not be later than six months after the date on which the previous fund authority receive the actuary’s report.

14

Subject to paragraphs 15 to 17, immediately after the apportionment date the previous fund authority shall transfer to the new fund authority assets of the fund of a value at the apportionment date equal to the value of the new fund authority’s share of the fund and, unless the previous fund authority and new fund authority otherwise agree, the composition of the assets to be transferred shall so far as possible reflect the composition of the transferable assets which still belong to the fund at the apportionment date and any other assets which belong to the fund at that date which represent in any form, or have accrued from, any transferable asset.

15

The previous fund authority and the new fund authority may agree to transfer assets in advance of the apportionment date.

16

The value of an advance under paragraph 15 shall not exceed such sum as the fund’s actuary may specify as appropriate in the circumstances.

17

Where an advance is made under paragraph 15, the previous fund authority’s liability under paragraphs 11 and 14 shall be reduced by an amount equal to—

$$LM×N,$ where— L is the value of the advance, M is the value of the share of the fund to which the new fund authority would have been entitled under paragraph 11 if the apportionment date had been the date on which the advance was made, and N is the value of the share of the fund to which the new fund authority would have been entitled under paragraph 11 if the advance had not been made.$

18

The previous employing authority shall bear the costs of apportioning the fund or, if there is more than one previous employing authority involved, each shall bear such part of the costs as the fund’s actuary determines.

19

The previous fund authority shall keep their accounts in a form which enables the calculations required in apportioning the fund to be made, and they shall also provide the fund’s actuary with any information he requires in connection with the apportionment.

PART II

20

This Part of this Schedule applies where the fund is to be apportioned under regulation Q2(6) and the persons who are changing funds do so on different days.

21

The provisions of Part I of this Schedule are to apply to the apportionment as if the changes of fund had occurred on a single date, but suitable adjustments are to be made to the sums payable to the new fund authority to reflect the fact that the changes of fund occur on different dates.

22

If any question arises in connection with paragraph 21, it shall be determined by the fund’s actuary and the actuary of the new fund authority or, if they are, unable to agree, by an actuary appointed by the Secretary of State.

SCHEDULE 20 — BODIES WHOSE EMPLOYEES ARE TO HAVE PENSIONS INCREASE PAID BY THE FUND OR FURTHER FUND

(1)	(2)
Body	Date
A public transport company established under the Transport Act 1985[^f00124]	Date of incorporation

SCHEDULE 21 — REVOCATIONS

(1)	(2)
Instruments revoked	References
The Local Government Superannuation (Scotland) Regulations 1974	S.I. 1974/812
The Local Government Superannuation (Scotland) Amendment Regulations 1975	S.I. 1975/638
The Local Government Superannuation (Scotland) Amendment Regulations 1978	S.I. 1978/425
The Local Government Superannuation (Scotland) Amendment (No. 2) Regulations 1978	S.I. 1978/1378
The Local Government Superannuation (Scotland) Amendment (No. 3) Regulations 1978	S.I. 1978/1794
The Local Government Superannuation (Scotland) Amendment (No. 4) Regulations 1978	S.I. 1978/1926
The Local Government Superannuation (Scotland) Amendment Regulations 1980	S.I. 1980/198
The Local Government Superannuation (Scotland) Amendment (No. 2) Regulations 1980	S.I. 1980/342
The Local Government Superannuation (Scotland) Amendment (No. 3) Regulations 1980	S.I. 1980/1885
The Local Government Superannuation (Scotland) Amendment Regulations 1981	S.I. 1981/1892
The Local Government Superannuation (Scotland) Amendment Regulations 1982	S.I. 1982/385
The Local Government Superannuation (Scotland) Amendment (No. 2) Regulations 1982	S.I. 1982/1303
The Local Government Superannuation (Scotland) Amendment Regulations 1983	S.I. 1983/1421
The Local Government Superannuation (Scotland) Amendment Regulations 1984	S.I. 1984/254
The Local Government Superannuation (Scotland) Amendment (No. 2) Regulations 1984	S.I. 1984/1232
The Local Government Superannuation (Scotland) Amendment Regulations 1986	S.I. 1986/214
The Local Government Superannuation (Funds) (Scotland) Regulations 1986	S.I. 1986/1449

Signed

Michael B Forsyth — Parliamentary Under Secretary of State, Scottish Office — 19th October 1987

Explanatory note

(This note is not part of the Regulations

These Regulations consolidate the provisions revoked by regulation S3 and Schedule 21, comprising the bulk of the Regulations applying to Scotland made, or having effect as if made, under section 7 of the Superannuation Act 1972.

The Appendix to this Explanatory Note has the corrections and minor amendments made in the consolidation.

Certain regulations in these Regulations have retrospective effect as authorised by section 12 of the Superannuation Act 1972.

Provision is made for opting out where rights in relation to ex-employees could be adversely affected (regulation S2).

APPENDIX TO EXPLANATORY NOTE (Corrections and minor amendments) Column (1)—Provision of consolidated Regulations. Column (2)—Corresponding regulation in Local Government Superannuation (Scotland) Regulations 1974. Column (3)—Effect of correction or amendment. (1)(2)(3) A3 and Schedule 2G2 and Schedule 15 a Removes the need for the Scottish Special Housing Association to resolve to admit new categories of staff to the superannuation scheme. b Allows the Association to invest in “traded options” and “financial futures” on the same basis as local authorities. B6(3)—To clarify that an admission agreement may cover a class of employee as well as individuals.E9E9Corrects the starting date from 16th May 1974 to 1st June 1972 for the indexation of the prescribed amount (£250) for the reduction of children’s pensions when they are also in receipt of remuneration.F1R1Expands the definition of non-effective pay to show the effect of the Finance (No. 2) Act 1945.J4(5)—To ensure that an employee transferring from local government employment is made aware of his right of appeal to the Secretary of State with regard to the transfer value.N1(3)—Highlights the scope of decisions taken by scheduled bodies.Schedule 1A3Amends the definition of “eligible child” to take account of the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), and removes differences in treatment between people which depend on whether or not their parents are or have been married to each other.

Footnotes

[^f00001]: 1972 c. 11

[^f00002]: 1965 c. 51; section 110 was continued in force by regulation 3 of, and Schedule 1 to, the National Insurance (Non-participation—Transitional Provisions) Regulations 1974 (S.I. 1974/2057).

[^f00003]: 1937 c. 68

[^f00004]: S.I. 1974/520; the relevant amending instruments are 1977/1341, 1978/822 and 1979/1534

[^f00005]: S.I. 1977/1341

[^f00006]: S.I. 1948/1131, 1949/631, 1954/1250, 1970/1126

[^f00007]: S.I. 1986/24

[^f00008]: 1947 c. 41

[^f00009]: 1965 c. 49; section 5 was amended by the Local Government (Scotland) Act 1973 (c. 65), section 166(2)(a).

[^f00010]: 1984 c. 58

[^f00011]: 1968 c. 16

[^f00012]: 1978 c. 29

[^f00013]: 1948 c. 29

[^f00014]: 1958 c. 33

[^f00015]: 1984 c. 36

[^f00016]: 1968 c. 49

[^f00017]: 1978 c. 44

[^f00018]: 1974 c. 52; section 29 was amended by the Trade Union and labour Relations (Amendment) Act 1976 (c. 7), section 1(d), by the Criminal Law Act 1977 (c. 45), Schedule 13 and by the Employment Act 1982 (c. 46), section 18.

[^f00019]: 1970 c. 24; paragraph 2 was substituted by the Finance Act 1971 (c. 68), Schedule 3, paragraph 7.

[^f00020]: 1936 c. 33

[^f00021]: S.I. 1960/1103

[^f00022]: 1971 c. 56

[^f00023]: S.I. 1977/1360

[^f00024]: S.I. 1969/77

[^f00025]: 1974 c. 9

[^f00026]: 1971 c. 56

[^f00027]: 1975 c. 14; section 4(1) was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4, Part I, paragraph 36(a).

[^f00028]: S.I. 1982/1302

[^f00029]: 1945 c. 13 (9 & 10 Geo. 6).

[^f00030]: S.I. 1974/520; the relevant amending instrument is S.I. 1978/1739

[^f00031]: S.I. 1969/1642

[^f00032]: S.I. 1958/1402

[^f00033]: S.I. 1952/433

[^f00034]: S.I. 1949/1988

[^f00035]: S.I. 1948/2172

[^f00036]: S.I. 1950/1206

[^f00037]: S.I. 1961/206

[^f00038]: S.I. 1970/1307

[^f00039]: S.I. 1974/1754

[^f00040]: S.I. 1961/1398, 1966/1522, 1972/1356, 1604, 1973/304, 746, 1713, 1974/441 and 1357.

[^f00041]: 1973 c. 65

[^f00042]: 1975 c. 30

[^f00043]: 1974 c. 27

[^f00044]: S.I. 1969/1642

[^f00045]: S.I. 1958/1402, as amended by S.I. 1961/1156

[^f00046]: 1948 c. 33

[^f00047]: 1952 c. 10

[^f00048]: 1970 c. 10

[^f00049]: 1975 c. 14

[^f00050]: 1975 c. 14

[^f00051]: Section 4(1) was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4, Part I, paragraph 36(a).

[^f00052]: S.I. 1948/1462, 1955/982, 1971/1879

[^f00053]: 1967 c. 77

[^f00054]: 1947 c. 41

[^f00055]: 1911 c. 28, 1920 c. 75, 1939 c. 121

[^f00056]: S.I. 1986/1449

[^f00057]: 1971 c. 56

[^f00058]: 1954 c. 43

[^f00059]: 1961 c. 62

[^f00060]: 1987 c. 22

[^f00061]: 1963 c. 18; section 1 was amended by virtue of the Interpretation Act 1889 (c. 63), section 38(1), and by the Finance Act 1964 (c. 49), Schedule 9, and the Post Office Act 1969 (c. 48), section 108(1)(f).

[^f00062]: 1973 c. 65; section 56 was amended by the Local Government and Planning (Scotland) Act 1982 (c. 43), section 32.

[^f00063]: 1975 c. 30

[^f00064]: 1958 c. 45

[^f00065]: 1972 c. 70

[^f00066]: 1972 c. 9 (N.I.).

[^f00067]: Section 216 was amended by the Local Government and Planning (Scotland) Act 1982 (c. 43), Schedule 4, Part I.

[^f00068]: S.I. 1954/1243

[^f00069]: S.R. & O. 1938/245

[^f00070]: S.I. 1984/380, to which there are amendments not relevant to these Regulations.

[^f00071]: 1922 c. 59

[^f00072]: 1937 c. 69

[^f00073]: 1953 c. 25

[^f00074]: 1937 c. 69, 1939 c. 18, 1953 c. 25

[^f00075]: 1972 c. 11

[^f00076]: S.I. 1954/1241

[^f00077]: S.I. 1948/1131, 1949/631, 1954/1250

[^f00078]: 1970 c. 10

[^f00079]: 1970 c. 24

[^f00080]: S.I. 1954/1059, 1955/1226

[^f00081]: 1965 c. 51

[^f00082]: 1965 c. 51, 1966 c. 6, 1969 c. 44, 1971 c. 50, 1972 c. 57, 1973 c. 42

[^f00083]: 1948 c. 33

[^f00084]: S.I. 1973/503

[^f00085]: S.I. 1974/812, amended by S.I. 1975/638, 1978/425, 1378, 1794, 1926, 1980/198, 342, 1885, 1981/1892, 1982/385, 1303, 1983/1421, 1984/254, 1232, 1986/214, 1449.

[^f00086]: 1937 c. 68, 1939 c. 18, 1953 c. 25

[^f00087]: 1959 c. 21 (N.I.).

[^f00088]: 1968 c. 73

[^f00089]: 1975 c. 60

[^f00090]: 1965 c. 49

[^f00091]: 1984 c. 58

[^f00092]: 1976 c. 35

[^f00093]: 1947 c. 41

[^f00094]: S.I. 1974/2057

[^f00095]: 1967 c. 78

[^f00096]: 1947 c. 43

[^f00103]: 1948 c. 24

[^f00104]: 1976 c. 35

[^f00105]: 1922 c. 8 (N.I.), 1924 c. 17 (N.I.), 1928 c. 4 (N.I.), 1930 c. 18 (N.I.), 1933 c. 27 (N.I.), 1934 c. 10 (N.I.), 1944 c. 9 (N.I.), 1949 c. 9 (N.I.).

[^f00106]: 1970 c. 9 (N.I.); section 25 was amended by the Police (Northern Ireland) Order 1977 (S.I. 1977/53 (N.I. 2)), article 13.

[^f00107]: 1947 c. 41

[^f00108]: 1950 c. 4 (N.I.); section 10 was amended by the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1958 (c. 21 (N.I.)), section 5.

[^f00109]: 1969 c. 13 (N.I.); section 17 was amended by the Fire Services (Northern Ireland) Order 1973 (S.I. 1973/601 (N.I. 9)), articles 7 and 12.

[^f00110]: 1925 c. 59

[^f00111]: 1962 c. 47

[^f00112]: 1965 c. 83

[^f00113]: 1967 c. 12

[^f00114]: 1968 c. 12

[^f00115]: 1950 c. 33 (N.I.).

[^f00116]: 1950 c. 33 (N.I.), 1951 c. 28 (N.I.). Part I, 1956 c. 22 (N.I.), 1963 c. 7 (N.I.), 1967 c. 3 (N.I.).

[^f00117]: S.I. 1972/1073 (N.I. 10).

[^f00118]: 1937 c. 68

[^f00119]: 1946 c. 81; section 67 was amended by the National Health Service (Amendment) Act 1949 (c. 93), Schedule, Part I, by the Local Government Superannuation Act 1953 (c. 25), section 4(1)(c), and by S.I. 1968/1699; the 1946 Act was repealed by the National Health Service Act 1977 (c. 49), Schedule 16.

[^f00120]: 1947 c. 27; section 66 was amended by the National Health Service (Amendment) Act 1949, Schedule, Part II, by the Local Government Superannuation Act 1953, section 4(2)(c), and by S.I. 1968/1699; the 1947 Act was repealed by the National Health Service (Scotland) Act 1978 (c. 29), Schedule 17.

[^f00121]: 1948 c. 3 (N.I.); section 61 was amended by the Health Services Act (Northern Ireland) 1953 (c. 6 (N.I.)), section 11, by the Health Service Act (Northern Ireland) 1958 (c. 29 (N.I.)), section 8, by the Health Services (Amendment) Act (Northern Ireland) 1963 (c. 20 (N.I.)), section 2 by the Administration of Estates (Small Payments) Act (Northern Ireland) 1967 (c. 5 (N.I.)), section 1, and by the Health Services (Amendment) Act (Northern Ireland) 1969 (c. 36 (N.I.)), sections 21 to 24.

[^f00122]: 1950 c. 10 (N.I.).

[^f00123]: 1971 c. 56

[^f00124]: 1985 c. 67