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Item 11 Appendix 1

West Dunbartonshire Council · 12 November 2025
Back to Corporate Services Committee — 12 November 2025 and its agenda

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Page 1

1
Appendix 1
West Dunbartonshire Council Policy Statement Local Government Pension
Scheme (Scotland) Regulations 2018
(Replaces previous version approved by Corporate Services Committee Report, 22
May 2024.
Employer:   West Dunbartonshire Council
Lead officer (for any questions): Victoria Rogers, Chief Officer People and
Technology
Contact details of lead officer: 07795 266028 (work mobile)
Date of policy statement:  16 October 2025, Version 6; remitted to Corporate
Services Committee 12 November 2025
Date for review:  This policy statement will be kept under review and will be revised
as and when necessary to reflect changes in regulation or policy. Any changes to this
policy will be communicated to the administering authority and scheme members in
writing within one month of the change taking effect.
We are aware of our obligations under the following regulations:
 The Local Government Pension Scheme (Scotland) Regulations 2018
 The LGPS (Scotland) Regulations 2014
 The Local Government Pension Scheme (Transitional Provisions and Savings)
(Scotland) Regulations 2014
 The Local Government Pension Scheme (Benefits, Membership and
Contributions) (Scotland) Regulations 2008
 The Local Government Pension Scheme (Administration) (Scotland) Regulations
2008
 The Local Government Pension Scheme (Scotland) Regulations 1998
 The Local Government Pension Scheme (Transitional Provisions) (Scotland)
Regulations 1998
 The Local Government (Discretionary Payments and Injury Benefits) (Scotland)
Regulations 1998
 The LGPS (Transitional Provisions) (Scotland) Regulations 2008
 The Local Government Superannuation (Scotland) Regulations 1987 You can
access these regulations on the Scheme regulations page of
www.scotlgpsregs.org.

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2
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
1 Additional
pension
 an active member, or
 a member who was
an active member and
was dismissed by
reason of redundancy,
or business efficiency,
or whose employment
was ended by mutual
consent on business
efficiency grounds.
This does not apply to
councillors.
Decide whether to award
the member additional
pension.
If the member is not an
active member, you must
decide within six months of
the employment ending.
You cannot award to the
member, in total, more than
the additional pension limit,
which is adjusted every
April. For the current limit,
see the monthly bulletins
page of
www.scotlgpsregs.org.
30(1) and
58(1)(d) of
the 2018
Regulations
The Council will not exercise this
discretion.
No Change

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3
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
2 Additional
pension
A member who you have
awarded additional
pension.
Decide whether to agree to
pay the cost of the award by
changing your contribution
rate.
You must make an
additional payment to the
LGPS Fund to meet the cost
of the award. This can be
done either as a lump sum
or by changing your
employer contribution rate.
61(8) and
63(3) of the
2018
Regulations
For noting only– no requirement to
lay out in policy
As above, the Council will not
exercise this discretion.
3 Additional
Pension
Contributions
– shared cost
(SCAPCs)
An active member
applying to pay SCAPCs.
This does not apply to
applications for SCAPCs
to buy back pension lost
while on authorised
unpaid leave.
This does not apply to
councillors.
Decide whether to share the
cost.
16(2)(e),
16(4)(d) and
58(1)(a) of
the 2018
Regulations
The Council will not have a general
policy to contribute to a shared cost
APC scheme but may do so if
exceptional circumstances can be
demonstrated.  Each case will be
considered on its merits.
No change

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4
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
4 Additional
Pension
Contributions
– shared cost
(SCAPCs)
An active member
applying to pay SCAPCs
to buy back lost pension
while on authorised
unpaid absence.
Authorised unpaid
absence does not include
periods of illness, injury,
child-related leave,
reserve forces leave or
strike. ‘Child related
leave’ means ordinary
adoption leave, ordinary
maternity leave, paternity
leave, paid additional
adoption leave, paid
additional maternity
leave, paid shared
parental leave, paid
additional paternity leave
Decide whether to extend
the 30-day deadline.
The member must apply
before the expiry of 30 days
from returning to work. If the
member does not apply by
this deadline or within any
extended period you allow,
they can still buy back the
lost pension, but at full cost
to them.
16(16) of the
2018
Regulations
The Council may extend the deadline
by a further 30 days, on production of
evidence of extenuating
circumstances and where it can be
shown that members may not have
been informed of the requirement for
this decision within 30 days of return,
subject to individual circumstances.
No Change

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5
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
and paid parental
bereavement leave.
This does not apply to
councillors.
5 Additional
voluntary
contributions –
shared cost
(SCAVCs)
An active member
applies to pay into a
SCAVCs arrangement.
This does not apply to
councillors.
Decide whether to
contribute to a
SCA VC arrangement.
17(1) of the
2018
Regulations
The Council allows members to
access either the AVC arrangement
on a member-only contribution basis
or through the ‘salary sacrifice’
shared cost AVC provision.
No Change

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6
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
6 Additional
voluntary
contributions
(AVCs)
A member who:
 made the AVC
election before 30
June 2005,
 can elect to use AVCs
to buy additional
LGPS final salary
membership, and
 elects later than 30
days after leaving the
Scheme.
Normally, the member
must elect while an active
member or no later than
30 days after leaving the
Scheme.
Decide whether to allow the
election.
You can decide to extend
the 30 day election
deadline. However, you may
not allow an election
received after the later of:
 one year before their
normal retirement date,
or
 six months after leaving
the Scheme.
65(8) and
before their
revocation on
30 June 2005
65(9)(b) and
65(10) of the
1998
Regulations
The Council will not exercise this
discretion.
No Change

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7
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
7 Administering
authority
substitution
A person or a class of
persons.
Decide whether to apply to
Scottish Ministers to change
the administering authority
for a person or class of
persons.
Paragraph 2
of part 1 of
schedule 4 to
the 2018
Regulations
For noting only– no requirement to
lay out in policy.
The Council will exercise this
discretion as required.
8 Admission
agreements
An admitted body
employee who
participates in the LGPS
under an admission
agreement.
Decide whether to designate
the employee, or groups of
employees, as eligible for
LGPS membership.
3(1)(b) of the
2018
Regulations
This discretion is not directly
applicable to the Council as a
Scheduled Body. However, the
Council nominated West
Dunbartonshire Leisure Trust
Company for admitted body status
when employees were subject to
TUPE. Employees of the Trust are
therefore eligible for membership of
the LGPS.

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8
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
9 Appeals A member, or an
alternative applicant, who
triggers stage one of the
internal dispute resolution
procedure (IDRP) about a
disagreement with the
employer in relation to
the LGPS.
Regulation 69(2) of the
2018 Regulations lists
who can be an
‘alternative applicant’.
This includes prospective
members and, in respect
of deceased members,
their surviving partners
and dependents.
Decide who will be the stage
one IDRP adjudicator.
When notifying members of
LGPS decisions, you must:
 inform them about their
right to appeal under
stage 1 and 2 of the
IDRP, including the time
limits for doing so, and
 specify the job title and
address of the person to
whom IDRP applications
can be made.
68(5)(c) of
the 2018
Regulations
23 of the
2014
Transitional
Regulations
For noting – Chief Officer People &
Technology is the Stage 1 IDPR
adjudicator (Appointed Person). The
council has adopted the LGPS IDRP,
available here: Pension Complaints -
Employee Intranet

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9
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
10 Appeals A member, or an
alternative applicant, who
applies for stage one of
the internal dispute
resolution procedure
(IDRP) after the six-
month deadline.
The six-month deadline
begins:
 for appeals about a
decision, on the date
the member was told
of the decision,
 in any other case, on
the date of the act or
omission which
caused the appeal, or,
if there is more than
one, the date of the
last one.
The stage one adjudicator
can accept late IDRP
applications if they consider
it reasonable.
69(7)(b) of
the 2018
Regulations
23 of the
2014
Transitional
Regulations
For noting only– no requirement to
lay out in policy.
The council will consider the merits of
late submissions with due regard to
individual circumstances.

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10
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
See discretion 9 for more
information on ‘alternative
applicants’.
11 Aggregation An active member who:
 has an earlier period
of LGPS membership,
which will be
automatically
aggregated with their
current LGPS record,
 can elect to keep the
periods separate, and
 elects after the 12-
month deadline.
The 12-month deadline
begins with the start date
of the current LGPS
record.
Decide whether to allow the
late election.
22 8) of the
2018
Regulations
The Council will not normally extend
the 12 month time limit but may do so
if exceptional circumstances can be
demonstrated that are in the interests
of the member and at no additional
cost to the Council.  Each case will be
considered on its’ merits
No Change

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11
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
12 Aggregation Where:
 an active member has
an earlier period of
LGPS membership
that ended before 1
April 2015,
 the earlier period will
not be automatically
aggregated to their
current LGPS record,
 the member can elect
to aggregate the
periods, and
 they elect after the 12-
month deadline.
The 12-month deadline
begins with the start date
of the current LGPS
record.
Decide whether to allow the
late election.
10(6) of the
2014
Transitional
Regulations
The Council will not normally extend
the 12 month time limit but may do so
if exceptional circumstances can be
demonstrated that are in the interests
of the member and at no additional
cost to the Council. Each case will be
considered on its’ merits.
No Change

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12
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
13 Aggregation An active member who –
 held a concurrent
period of
LGPS membership,
which will be
automatically
aggregated with their
current LGPS record,
 can elect to keep the
periods separate, and
 elects after the 12-
month deadline.
The 12-month deadline
begins with the end date
for the ceased concurrent
LGPS membership.
Decide whether to allow the
late election.
22(7) of the
2018
Regulations
The Council will not normally extend
the 12 month time limit but may do so
if exceptional circumstances can be
demonstrated that are in the interests
of the member and at no additional
cost to the Council.  Each case will be
considered on its’ merits.
No Change

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13
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
14 Assumed
pensionable
pay (A P P)
A member –
 for whom an APP
calculation is needed,
and
 where, in the
employer’s opinion,
the pensionable pay
the member received
in the relevant 3-
month, or 12-week,
period was materially
higher or lower than
they normally
received.
When calculating APP,
decide whether to substitute
the pensionable pay
received with a higher or
lower figure to reflect the
level of pensionable pay the
member would normally
have received.
21(6) of the
2018
Regulations
The Council may exercise this
discretion and will consider each case
on its merits.
No change

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14
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
15 Certificate of
protection
(CoP)
A member who:
 can be issued with a
CoP, and
 does not apply for it
within 12 months of
the date of the
reduction or
restriction.
This does not apply to
councillors.
Decide whether to issue the
CoP.
A CoP protects a member's
LGPS benefits by allowing
their pension to be
calculated based on a
higher salary if their pay is
reduced or restricted
through no fault of their own.
See HR guide – appendix 2
for more information, which
is available on the employer
guides and documents page
of www.scotlgpsregs.org.
90(5) of the
2018
Regulations
43(5) of the
2008
Administratio
n Regulations
The Council will issue a certificate of
protection of pension benefits where
the member fails to apply for one.
No Change

Page 15

15
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
16 Compensatory
added years
(CAYs) –
retirement
An active member, or an
assumed member, who
ceases employment and
who can be awarded
CAYs.
Regulation 6 of the 1998
Discretionary Regulations
outlines the eligibility
conditions for awarding
CAYs.
Regulations 6(2) and 7 of
the 1998 Discretionary
Regulations defines an
‘assumed member’.
Decide whether to award
CAYs.
You must decide within six
months of the member
ceasing the employment.
The 1998 Discretionary
Regulations specify the
maximum you may award.
8 of the 1998
Discretionary
Regulations
The Council may award up to 1
added year for retirement on
redundancy grounds and up to 3
years for those on efficiency grounds.
Any award will be subject to cost
benefit analysis and the limits of
affordability at the time of proposed
release. This may result in an
alternative offer to comply with best
value principles.
No Change

Page 16

16
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
17 Compensatory
added years
(CAYs) –
children’s
pension
A child (or children)
entitled to a child’s CAYs
pension who is not
entitled to a child’s
pension under the LGPS.
Decide:
 who to pay the child’s
pension to, and
 how to apportion the
pension among the
children if there is more
than one child.
26(2) of the
1998
Discretionary
Regulations
The Council will exercise this
discretion on a case by case basis
with the decision being made in
conjunction with the Strathclyde
Pension Fund Office and relevant
pension regulations
Previous Provision – requirement to
declare – No Change
18 Compensatory
added years
(CAYs) –
survivor
pensions
Regarding a deceased
member with more than
one surviving spouse or
civil partner entitled to a
survivor CAYs pension.
Decide how to apportion the
CAYs survivor pension.
20(2) of the
1998
Discretionary
Regulations
The Council will exercise this
discretion on a case by case basis
with the decision being made in
conjunction with the Strathclyde
Pension Fund Office and relevant
pension regulations.
Previous Provision – requirement to
declare – No Change

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17
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
19 Compensatory
added years
(CAYs) –
survivor
pensions
Regarding a deceased
member who left
employment before 1
April 1998:
 a survivor CAYs
pension is payable,
and
 the spouse or civil
partner has entered a
subsequent marriage
or civil partnership, or
a period of
cohabitation outside
marriage or civil
partnership.
Decide whether to allow the
survivor pension to remain
payable.
Otherwise, the pension will
stop.
20(4)(a) and
(6) of the
1998
Discretionary
Regulations
The Council will allow continued
payment of survivor’s pensions
however reserves the right to
withdraw.
Previous Provision – requirement to
declare – No Change

Page 18

18
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
20 Compensatory
added years
(CAYs) –
survivor
pensions
Regarding a deceased
member who left
employment before 1
April 1998:
 a survivor CAYs
pension is payable,
 the spouse or civil
partner subsequently
enters a marriage or
civil partnership, or
starts living with a new
partner as if they were
husband and wife or
as if they were civil
partners, and
 the new partner is
also entitled to a
survivor CAYs
pension for a
deceased member
who left employment
before 1 April 1998.
Decide whether to allow
both survivor CAYs
pensions to continue.
Unless you decide
otherwise, only one survivor
CAYs pension, as
determined by the couple,
can continue.
20(5), (5A),
(5B) and (6)
of the 1998
Discretionary
Regulations
The Council will allow continued
payment of the survivor’s pensions
however reserves the right to
withdraw.
Previous Provision – requirement to
declare – No Change

Page 19

19
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
21 Compensatory
added years
(CAYs) –
survivor
pensions
Regarding a deceased
member who left
employment before 1
April 1998:
 a survivor CAYs
pension was payable,
 the pension stopped
during a subsequent
marriage, civil
partnership or
cohabitation, and
 the subsequent
marriage, civil
partnership or
cohabitation has
ended.
Decide whether to restart
the pension from the end of
the subsequent relationship.
20(4)(b) of
the 1998
Discretionary
Regulations
The Council will allow continued
payment of the survivor’s pensions as
per discretion 20 however reserves
the right to withdraw.
Previous Provision – requirement to
declare – No Change

Page 20

20
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
22 Compensatory
added years
(CAYs)
A person who will receive
regular CAYs payments
from the employer.
Payments are made at the
same intervals as the
corresponding LGPS
pension. However, you can
choose different intervals
with the person’s
agreement.
29(1) of the
1998
Discretionary
Regulations
The Strathclyde Pension Fund Office
will make the CAY pension payments
on behalf of the Council in line with
Strathclyde Pension Fund Office’s
payment timelines
Previous Provision – requirement to
declare – No Change
23 Compensatory
added years
(CAYs)
A person who has
received a CAYs
payment from the
employer in error,
including overpayments.
Decide how to recover
CAYs payments made in
error.
You can decide to recover it
by:
 deducting it from future
CAYs payments, or
 any other means of
recovery.
29(3) of the
1998
Discretionary
Regulations
CAY Pension overpayments will be
recovered by the Strathclyde Pension
Fund Office and these will be
reconciled with the Council in line
with the pension reconciliation
processes.
Previous Provision – requirement to
declare – No Change

Page 21

21
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
24 Compensatory
added years
(CAYs)
A person entitled to CAYs
payments.
Decide whether to ask the
administering authority to
pay CAYs on your behalf.
If the authority agrees, you
must repay the amounts
within the period and on the
terms decided by the
authority. Though, the
administering authority must
recover any payments made
from the LGPS fund within
two months.
The administering authority
cannot pay any lump sum
CAYs payments from the
LGPS fund.
CAYs payments made from
LGPS funds may have
inadvertent tax
consequences, such as
31(2) of the
1998
Discretionary
Regulations
The Council will only pay the lump
sum CAY and Strathclyde Pension
Fund Office will make the CAY
pension payments on behalf of the
Council.
Previous Provision – requirement to
declare – No Change

Page 22

22
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
being included in annual
allowance calculations.
25 Double
entitlement
A member who:
 left between 1 April
1998 and 31 March
2009,
 is entitled to a pension
or lump sum under
two or more
regulations due to the
same membership,
and
 has not chosen under
which regulation the
benefits are to be paid
within three months of
the date they are
entitled to elect.
We are not aware of any
situations where this
could occur.
Decide on the member’s
behalf under which
regulation the benefits will
be paid.
33(1)(b) of
the 1998
Regulations
The Council will consider each case
on its merits and in partnership with 
Strathclyde Pension Fund Office
No change

Page 23

23
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
26 Employee
contributions
An active member Decide the member’s
annual contribution rate for
each employment upon
joining the Scheme.
Reassess this rate each 1
April thereafter.
You must also reassess the
rate following any
permanent material changes
to the terms and conditions
of their employment which
affects their pensionable
pay.
When assessing the rate,
you must have regard to
guidance from Scottish
Ministers. The Scottish
Public Pensions Agency
publish updated guidance
each March, which is
9(2) and (4)
of the 2018
Regulations
The employee rate of contributions
will be determined in accordance with
these Regulations and guidance
issued by the Scottish Ministers
No Change

Page 24

24
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
available on the circulars
page of their website.
27 Employee
contributions
An active member Decide the intervals at
which the member must pay
their employee
contributions.
9(8) of the
2018
Regulations
The frequency of employee
contributions will be determined by
the relevant pay cycle
No Change
28 Employer
contributions
All active members Decide whether to request a
review of your employer
contribution rate between
valuations.
For the administering
authority to allow this, it
must have set out its policy
on amending contributions
between valuations in its
funding strategy statement.
If the review happens, you
must undertake to meet the
cost of the review.
61A(1)(b)(iii)
of the 2018
Regulations
For noting only– no requirement to
lay out in policy.

Page 25

25
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
29 Exiting
employers
An employer proposing to
become an exiting
employer.
Decide whether to request
an indicative termination
assessment.
An indicative assessment is
used instead of the actual
termination assessment for
the period of up to 90 days
beginning with the date
used to calculate the
indicative assessment. It will
show either the exit
payment due from you or
any surplus of assets.
61(2A) of the
2018
Regulations
For noting only– no requirement to
lay out in policy

Page 26

26
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
30 Final pay A member:
 for whom a final pay
calculation is required,
 who is a variable-time
employee, and
 whose pensionable
pay earned in the
relevant final pay
period includes fees.
This does not apply to
councillor members.
A ‘variable-time
employee’ is defined as
such an employee for the
purposes of the LGPS in
their contract and who is
paid based on their duties
(rather than by the
number of hours worked)
or whose duties only
Decide whether to allow
earlier periods to be used to
calculate final pay.
Ordinarily, you calculate the
final pay using the average
of the fees earned during
the three-year period ending
with the date of leaving the
Scheme.
If you allow earlier periods
to be used, you will instead
use the fees earned during
any three consecutive years
within the ten-year period
ending with the last day of
active membership. Each
three-year period ends with
the anniversary of the last
day of membership.
11(2) of the
2008 Benefit
Regulations
The Council will allow a member to
select final pay for fees to be any
three consecutive years ending 31st
March in the 10 years prior to leaving.
The Council agree that this will be
done automatically by Strathclyde
pension fund office.
No Change

Page 27

27
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
have to be performed
occasionally.
31 Forfeiture or
recovery /
retention
A member who:
 left the Scheme on or
after 1 April 2015, and
 is convicted of a
relevant offence.
A relevant offence is an
offence the member
committed in connection
with the employment in
which they were a
member.
Decide whether to apply to
Scottish Ministers for a
forfeiture certificate.
A forfeiture certificate is a
certificate that the offence:
 was gravely injurious to
the State, or
 is liable to lead to a
serious loss of
confidence in the public
service.
Applications must be made
within the three-month
period beginning with the
conviction date.
86(1) of the
2018
Regulations
The Council will apply for a forfeiture
certificate where a member is
convicted of a relevant offence and,
following the issue of the certificate,
direct that benefits are to be forfeited.
No Change

Page 28

28
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
32 Forfeiture or
recovery /
retention
A member:
 who left the Scheme
after 31 March 2015,
and
 regarding whom
Scottish Ministers
have issued a
forfeiture certificate.
Decide whether to forfeit
any of the member’s rights.
If the member has a
guaranteed minimum
pension (GMP), there are
restrictions on the amount
that can be forfeited.
When deciding,
considerations will be given
to the recommendations
made by Scottish Ministers.
If you incurred loss as a
direct consequence of the
offence, you may only forfeit
any of the member’s rights,
including membership and
survivor benefits, if you are
unable to recover the loss:
 under regulation 87 (see
discretion 33), or
 by any other means,
86(4) and 89
of the 2018
Regulations
The Council will apply for a forfeiture
certificate where a member is
convicted of a relevant offence and,
following the issue of the certificate,
direct that benefits are to be forfeited.
No Change

Page 29

29
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
except after an
unreasonable time or at
disproportionate cost.

Page 30

30
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
33 Forfeiture or
recovery /
retention
A person who –
 left the Scheme after
31 March 2015,
 has left an
employment in which
the person was a
member,
 left the employment
due to grave
misconduct, or a
criminal, negligent or
fraudulent act or
omission in
connection with the
employment,
 incurred a monetary
obligation to the
employer arising out
of the misconduct, act
or omission, and
 is entitled to LGPS
benefits, including a
Decide whether to recover
or retain the amount of the
monetary obligation from the
LGPS fund.
If there is any dispute over
the amount, you may not
recover or retain it until it is
enforceable under a court
order or arbiter’s award.
If the member has a
guaranteed minimum
pension (GMP), there are
restrictions on depriving the
member of their right to that
pension.
87(2), (4) and
89 of the
2018
Regulations
The Council will recover from
Strathclyde Pension Fund the amount
of loss in cases of criminal,
negligence or fraudulent acts by a
member, provided that other means
of recovery have been exhausted.
No Change

Page 31

31
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
refund of
contributions.
34 Forfeiture or
recovery /
retention
A member who:
 left the Scheme
before 1 April 2015,
 is convicted of a
relevant offence, and
 left the employment
because of the
offence.
A relevant offence is an
offence the member
committed in connection
with the employment in
which they were a
member.
Decide whether to apply to
Scottish Ministers for a
forfeiture certificate.
A forfeiture certificate is a
certificate that the offence:
 was gravely injurious to
the State, or
 is liable to lead to a
serious loss of
confidence in the public
service.
You must apply within the
three-month period
beginning with the
conviction date.
66(6) of the
2008
Administratio
n Regulations
111(6) of the
1998
Regulations
4(1)(b) of the
1998
Transitional
Regulations
The Council will apply for a forfeiture
certificate where a member is
convicted of a relevant offence and,
following the issue of the certificate,
direct that benefits are to be forfeited.
No change

Page 32

32
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
35 Forfeiture or
recovery /
retention
A member:
 who left the Scheme
before 1 April 2015,
and
 regarding whom
Scottish Ministers
issued a forfeiture
certificate.
Decide whether to forfeit
any of the member’s LGPS
rights.
If the member has a
guaranteed minimum
pension (GMP), there are
restrictions on forfeiting the
member’s right to that
pension.
If you incurred loss as a
direct consequence of the
relevant offence, you may
only give the direction if you
are unable to recover your
loss:
 by the recovery
provisions under the
Scheme (see discretion
37), or
 by any other means,
66(2), (5) and
69 of the
2008
Administratio
n Regulations
111(2) and
(5) of the
1998
Regulations
4(1)(b) of the
1998
Transitional
Regulations
The Council will apply for a forfeiture
certificate where a member is
convicted of a relevant offence and,
following the issue of the certificate,
direct that benefits are to be forfeited.
No Change

Page 33

33
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
except after an
unreasonable time or at
disproportionate cost.
36 Forfeiture or
recovery /
retention
A member who left the
Scheme before 1 April
2015 and regarding
whom:
 Scottish Ministers
issued a forfeiture
certificate,
 you have not formally
notified the member of
any decision about
whether the member
is entitled to an LGPS
benefit, including a
refund, and
 you have not yet
decided to forfeit their
benefits.
Decide whether to give an
interim payments direction
to the administering
authority.
An interim payments
direction instructs the
authority to make interim
payments to any person
who would be entitled to
receive LGPS benefits if no
forfeiture direction were
given.
67(1) of the
2008
Administratio
n Regulations
112(1) of the
1998
Regulations
4(1)(b) of the
1998
Transitional
Regulations
The Council will apply for a forfeiture
certificate where a member is
convicted of a relevant offence and,
following the issue of the certificate,
direct that benefits are to be forfeited.
No Change

Page 34

34
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
37 Forfeiture or
recovery /
retention
A person who –
 who left the Scheme
before 1 April 2015,
 left an employment in
which they were a
member,
 left the employment
due to a criminal,
negligent or fraudulent
act or omission in
connection with the
employment,
 incurred a monetary
obligation to the
employer arising out
of the misconduct, act
or omission, and
 is entitled to LGPS
benefits.
Decide whether to recover
or retain from the LGPS
fund the lesser of:
 the amount of the
monetary obligation, and
 the value of the
member’s rights,
calculated by an actuary.
If there is any dispute over
the amount, you may not
recover or retain it until it is
enforceable under a court
order or arbiter’s award.
If the member has a
guaranteed minimum
pension (GMP), there are
restrictions on depriving the
member of their right to that
pension.
68(2), (5) and
69 of the
2008
Administratio
n Regulations
113(2), (5)
and 114 of
the 1998
Regulations
4(1)(b) of the
1998
Transitional
Regulations
The Council will recover from
Strathclyde Pension Fund the amount
of loss in cases of criminal,
negligence or fraudulent acts by a
member, provided that other means
of recovery have been exhausted.
No Change

Page 35

35
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
38 Forfeiture or
recovery /
retention
A person who left the
Scheme before 1 April
2015 and who:
 left an employment in
which they were a
member,
 left the employment
due to an offence
involving fraud or due
to grave misconduct in
connection with the
employment,
 caused direct financial
loss to the employer
due to the offence or
misconduct, and
 is entitled to LGPS
benefits and regarding
whom the employer
has directed the
benefits to be forfeited
or is entitled to a
Decide whether to require
the administering authority
to pay you an amount from
the LGPS fund.
The amount must not
exceed the lesser of:
 the direct financial loss,
and
 the amount of any
contributions that could
have been refunded to
the member or paid to
their spouse, civil partner
or dependant, less any
amounts which have
been refunded or paid.
70 of the
2008
Administratio
n Regulations
115 of the
1998
Regulations
4(1)(b) of the
1998
Transitional
Regulations
The Council will recover from
Strathclyde Pension Fund the amount
of loss caused by fraudulent offence
or grave misconduct of employee
(who has left because of that), or the
amount of refund if less.
No change

Page 36

36
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
refund of
contributions.

Page 37

37
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
39 Gratuities – ill
health
An active member:
 with at least two
years’ total
membership,
 whose employment
the employer ended
on ill health grounds,
and
 who is not
permanently
incapable of
discharging efficiently
the duties.
“Permanently incapable”
means the member is,
more likely than not,
incapable until at the
earliest their State
Pension age (minimum
age 65).
Decide whether to pay an ill
health lump sum gratuity.
The lump sum is the lesser
of:
 one week’s pay for every
whole year of
employment with the
employer, and
 30 week’s pay.
A week’s pay is defined in
regulation 49B(5) of the
1998 Discretionary
Regulations.
49B of the
1998
Discretionary
Regulations
The Council will not pay an ill health
lump sum gratuity and will only award
pay in lieu of notice based on service
(1 weeks’ pay for every whole year of
employment) or retain the employee
on a period of administrative leave for
their notice period.
No Change – this has to be stated.

Page 38

38
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
This does not apply to
councillors.
40 Gratuities in
respect of non-
pensionable
service – death
in service
A person who died while
employed by an LGPS
employer for at least one
year.
This does not apply to
councillors or
employment as a teacher.
Decide whether to make a
scheme exercising this
power.
Decide whether to pay a
death benefit gratuity to one
or more of the person’s
spouse, civil partner or
dependants. This can be
paid as a lump sum, an
annuity, or both.
If so, decide the amount,
ensuring it does not exceed
the limit specified in
regulation 46(4) of the 1998
Discretionary Regulations.
46 and 49 of
the 1998
Discretionary
Regulations
For noting only– no requirement to
lay out in policy

Page 39

39
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
41 Gratuities in
respect of non-
pensionable
service –
redundancy
A person who ceases
employment with an
LGPS employer due to
redundancy or business
efficiency, having been
employed for at least five
years, or one year and
reached age 60, and is
eligible for a redundancy
gratuity.
Regulation 48 of the 1998
Discretionary Regulations
outlines the full eligibility
conditions for redundancy
gratuities.
This does not apply to
councillors or
employment as a teacher.
Decide whether to make a
scheme exercising this
power.
Decide whether to pay a
redundancy gratuity. This
can be paid as a lump sum,
an annuity, or both.
If so, decide the amount,
ensuring it does not exceed
the limit specified in
regulation 48(5) of the 1998
Discretionary Regulations.
48(1) and 49
of the 1998
Discretionary
Regulations
For noting only– no requirement to
lay out in policy

Page 40

40
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
42 Gratuities in
respect of non-
pensionable
service –
redundancy
A person who was paid a
redundancy gratuity
under regulation 48(1) of
the 1998 Discretionary
Regulations, where:
 the gratuity is or
consists of an annuity,
and
 the person has died
when the capital value
of the annuity
payments received
was less than the
capital value of the
annuity when it was
originally granted.
Decide whether to make a
scheme regarding
exercising this power.
Decide whether to pay a
further annuity to one or
more of their spouse, civil
partner or dependants.
If so, decide the amount,
ensuring it does not exceed
the limit specified in
regulation 48(6) of the 1998
Discretionary Regulations.
48(4) and 49
of the 1998
Discretionary
Regulations
For noting only– no requirement to
lay out in policy

Page 41

41
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
43 Gratuities in
respect of non-
pensionable
service –
redundancy
A person who:
 was paid a further
annuity under
regulation 48(4) of the
1998 Discretionary
Regulations, and
 has died when the
capital value of the
further annuity
payments received by
the person was less
than the capital value
of that further annuity
when it was originally
granted.
Decide whether to make a
scheme regarding
exercising this power.
Decide whether to pay a
further annuity. This can be
paid to any other person
who could have received the
further annuity under
regulation 48(4) of the 1998
Discretionary Regulations.
If so, decide the amount,
ensuring it does not exceed
the limit specified in
regulation 48(7) of the 1998
Discretionary Regulations.
48(7) and 49
of the 1998
Discretionary
Regulations
For noting only– no requirement to
lay out in policy

Page 42

42
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
44 Gratuities
regarding non-
pensionable
service –
retirement
A person who ceases
employment with an
LGPS employer other
than due to redundancy
or business efficiency
and is eligible for a
retirement gratuity.
Regulation 47 of the 1998
Discretionary Regulations
outlines the full eligibility
conditions for retirement
gratuities.
This does not apply to
councillors or
employment as a teacher.
Decide whether to make a
scheme regarding
exercising this power.
Decide whether to pay a
retirement gratuity. This can
be paid as a lump sum,
annuity, or both.
If so, decide the amount,
ensuring it does not exceed
the limit specified in
regulation 47(3) of the 1998
Discretionary Regulations.
47(1) and 49
of the 1998
Discretionary
Regulations
For noting only– no requirement to
lay out in policy

Page 43

43
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
45 Gratuities in
respect of non-
pensionable
service –
retirement
A person who was
granted a retirement
gratuity under regulation
47(1) of the 1998
Discretionary
Regulations, where:
 the gratuity is or
consists of an annuity,
and
 the person has died
when the capital value
of the annuity
payments received
was less than the
capital value of the
annuity when it was
originally granted.
Decide whether to make a
scheme regarding
exercising this power.
Decide whether to pay a
further annuity to one or
more of the person’s
spouse, civil partner or
dependants.
If so, decide the amount,
ensuring it does not exceed
the limit specified in
regulation 47(5) of the 1998
Discretionary Regulations.
47(4) and 49
of the 1998
Discretionary
Regulations
For noting only– no requirement to
lay out in policy

Page 44

44
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
46 Ill health A member regarding
whom the employer must
decide whether they
qualify for ill health
retirement.
Choose an independent
registered medical
practitioner (IRMP) to
complete the ill health
certificate.
The IRMP must:
 meet the definition of
‘independent registered
medical practitioner’ in
schedule 1 of the 2018
Regulations,
 not have previously
advised, given an
opinion on, or otherwise
been involved in the
case, and
 unless you are also the
administering authority,
obtain the authority’s
approval to your choice.
35(2) and (3)
of the 2018
Regulations
For noting only– no requirement to
lay out in policy

Page 45

45
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
47 Injury /
contracts
disease
A person who is entitled
to an injury allowance on
leaving their employment
as a result of incapacity
which is likely to be
permanent and was
caused by the injury or
disease.
Regulation 39 of the 1998
Discretionary Regulations
outlines the full eligibility
conditions.
This does not apply to
councillors or
employment as a teacher.
From time to time, decide
the amount payable.
The annual amount payable
may not exceed 85 per cent
of the person’s annual rate
of remuneration, as defined
in regulation 39(3) of the
1998 Discretionary
Regulations.
When deciding, you must
consider the matters listed
in regulation 43 of the 1998
Discretionary Regulations.
If the person becomes
capable of working again,
decide whether to suspend
or discontinue the
allowance.
39(2) and (4)
of the 1998
Discretionary
Regulations
For noting only– no requirement to
lay out in policy

Page 46

46
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
48 Injury /
contracts
disease
A person who is entitled
to an injury allowance
while their pay is reduced
while continuing in their
employment (or any other
relevant employment).
Regulation 40 of the 1998
Discretionary Regulations
outlines the full eligibility
conditions.
This does not apply to
councillors or
employment as a teacher.
From time to time, decide
the amount payable.
The amount payable in any
year may exceed the
difference between the
person’s current pay and the
pay they would have
received had they not
sustained the injury or
contracted the disease.
When deciding the amount,
you must consider the
matters listed in regulation
43 of the 1998 Discretionary
Regulations.
40(3) of the
1998
Discretionary
Regulations
For noting only– no requirement to
lay out in policy

Page 47

47
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
49 Injury /
contracts
disease
A person who:
 was entitled to an
allowance under
discretion 48
immediately before
ceasing their
employment (or any
other relevant
employment),
 in respect of whom
discretion 48 no
longer applies on the
cessation,
 starts to receive their
LGPS pension where
the final pay is
calculated without
applying a Certificate
of Protection, and
 is entitled to an injury
allowance.
Decide the amount of the
allowance and the period for
which it will be paid.
The amount may not exceed
the difference between the
member’s LGPS pension
being paid and the amount it
would have been if the
allowance paid under
regulation 40 of the 1998
Discretionary Regulations
had been included in the
final pay calculation.
41(1) and (2)
of the 1998
Discretionary
Regulations
For noting only– no requirement to
lay out in policy

Page 48

48
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
Regulation 41 of the 1998
Discretionary Regulations
outlines the full eligibility
conditions.
50 Injury /
contracts
disease
A deceased person’s
spouse, civil partner or
dependant who is entitled
to injury death benefits.
Regulation 42 of the 1998
Discretionary Regulations
outlines the full eligibility
conditions for injury death
benefits.
This does not apply to a
spouse, civil partner or
dependant of a deceased
councillor or teacher.
From time to time, decide
the amount payable. It can
be paid as an annual
allowance or lump sum.
When deciding the amount,
you must consider the
matters listed in regulation
43 of the 1998 Discretionary
Regulations.
42(3) of the
1998
Discretionary
Regulations
For noting only– no requirement to
lay out in policy

Page 49

49
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
51 Injury /
contracts
disease
A deceased member’s
spouse or civil partner:
 who was entitled to an
annual allowance
under regulation 42 of
the 1998
Discretionary
Regulations,
 where the allowance
stopped due to a
subsequent marriage,
civil partnership or
cohabitation, and
 where the subsequent
marriage, civil
partnership or
cohabitation has
ended.
Decide whether to restore
the allowance.
If so, decide the period
during which it is paid.
42(4) of the
1998
Discretionary
Regulations
For noting only– no requirement to
lay out in policy

Page 50

50
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
52 Injury /
contracts
disease
A deceased member’s
dependant who is entitled
to an annual allowance
under regulation 42 of the
1998 Discretionary
Regulations.
Decide the period during
which the allowance is paid.
42(6) of the
1998
Discretionary
Regulations
For noting only– no requirement to
lay out in policy
53 Pensionable
pay
An active member
This does not apply to
councillors.
Decide whether to specify in
the contract of employment
the value of any non-cash
benefit as being a
pensionable emolument.
No amount falling within
regulation 20(2) of the 2018
Regulations can be a
pensionable emolument.
20(1)(b) of
the 2018
Regulations
Elements of pay received by an
employee other than those specified
in these regulations and not
otherwise precluded will only be
pensionable if specified as such in
the member’s contract of
employment.
No Change

Page 51

51
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
54 Redundancy An active member, or an
assumed member, who
ceases employment and
is entitled to a
redundancy payment
under the Employment
Rights Act 1996.
This does not apply to
employees of admitted
bodies, councillors or
teachers.
Regulations 6(2) and 7 of
the 1998 Discretionary
Regulations define an
‘assumed member’.
Decide whether to increase
the redundancy payment.
The increase cannot exceed
the difference between:
 the redundancy
payment, and
 the amount it would have
been had the limit on
weekly pay not applied.
The limit on weekly pay is
set out and updated
annually each 6 April, in
section 227 of the
Employment Rights Acts
1996.
4 of the 1998
Discretionary
Regulations
Where redundancy is linked to the
award of CAY (compensatory added
years), payment will be subject to the
statutory weekly limit.
No Change

Page 52

52
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
55 Redundancy /
efficiency
An active member, or
someone who is eligible
to be an active member,
who:
 ceases their
employment due to
redundancy or in the
interests of the
efficient exercise of
the employer’s
functions, and
 is eligible to receive
compensation under
part four of the 1998
Discretionary
Regulations
(Compensation for
Redundancy where
Part three
(Compensation for
Premature
Decide whether to pay the
person compensation.
You must decide within six
months of the employment
ceasing.
The compensation must not
exceed 104 weeks’ pay.
You must deduct the
following from the
compensation:
 redundancy payment
under the Employment
Rights Act 1996, and
 compensation under part
two of the 1998
Discretionary
Regulations (Increase of
Statutory Redundancy
Payments).
34 and 35 of
the 1998
Discretionary
Regulations
The Council will consider awarding
compensation up to 45 weeks (using
the statutory redundancy table with a
multiplier of 1.5, known as the
‘enhanced table’). Eligible employees
will either be scheme members with
at least 2 years continuous service
and under 55 years (50 for protected
members) or employees who are
non-members of the scheme.
Any award will be subject to cost
benefit analysis and the limits of
affordability at the time of proposed
release.
No Change

Page 53

53
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
Retirement) does not
apply).
This does not apply to
councillors.
56 Refunds A member who –
 left active membership
after 31 March 2015,
 was entitled to a
refund, and
 has lost that right
because they have
been found guilty, in
connection with the
employment, of either
an offence of
fraudulent character
or grave misconduct.
Decide whether to direct
payment from the LGPS
fund of a sum to –
 the member,
 their spouse,
 their civil partner,
 their cohabiting partner,
or
 any of the member’s
dependents.
The sum can be no more
than the member’s
contributions.
19(2) of the
2018
Regulations
No right to a return of contributions
due to an offence of a fraudulent
character or grave misconduct unless
the employer directs a total or partial
refund is to be made
The Council will exercise this
discretion and will not direct a total or
partial refund.
No Change

Page 54

54
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
57 Refunds A member who –
 left active membership
before 1 April 2015,
 was entitled to a
refund, and
 has lost that right
because they left the
employment because
of grave misconduct in
connection with the
employment.
Decide whether to direct
payment from the LGPS
fund of a sum to the
member.
The sum must not exceed
the member’s contributions.
42(2) of the
2008
Administratio
n Regulations
87(2) of the
1998
Regulations
4(1)(b) of the
1998
Transitional
Regulations
The Council will not direct a return of
contributions in the event of an
offence of a fraudulent character or
grave misconduct.
No Change

Page 55

55
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
58 Refunds A Member who –
 left active membership
before 1 April 2015,
 was entitled to a
refund, and
 has lost that right
because they left the
employment because
of an offence of a
fraudulent character in
connection with the
employment.
Decide whether to direct
payment from the LGPS
fund of a sum to –
 the member,
 their spouse,
 their civil partner, or
 any of the member’s
dependants.
The sum must not exceed
the member’s contributions.
42(2) of the
2008
Administratio
n Regulations
87(2) of the
1998
Regulations
4(1)(b) of the
1998
Transitional
Regulations
The Council will not direct a return of
contributions in the event of an
offence of a fraudulent character or
grave misconduct.
No Change

Page 56

56
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
59 Retirement –
deferred
members
A member who:
 left with deferred
benefits between 1
April 2009 and 31
March 2015, and
 elects for payment
between 55 and 60.
Ordinarily, you will treat the
election as being made
under regulation 3(13) of the
2014 Transitional
Regulations. For these:
 you do not need to
consent to early
payment,
 the benefits will be
reduced for early
payment, and
 you may not agree to
waive any of the
reductions.
If you want to waive any
reductions for early
payment, you must first
decide to treat the election
as an election under 30(2)
of the 2008 Benefit
Regulations.
30(2) of the
2008 Benefit
Regulations
The Council will not waive the
actuarial reduction applied to benefits
paid early under these regulations.
No Change

Page 57

57
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
60 Retirement –
deferred
members
A member who:
 left with deferred
benefits between 1
April 1998 and 31
March 2009, and
 elects for payment
between 55 and 60.
Ordinarily, you will treat the
election as being made
under regulation 3(13) of the
2014 Transitional
Regulations. For these:
 you do not need to
consent to early
payment,
 the benefits will be
reduced for early
payment, and
 you may not agree to
waive any of the
reductions.
If you want to waive any
reductions for early
payment, you must first
decide to treat the election
as an election under 30(1)
of the 1998 Regulations.
30(1) of
the1998
Regulations
The Council will not waive the
actuarial reduction applied to benefits
paid early under these regulations.
No Change

Page 58

58
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
61 Retirement –
deferred
members
A member who:
 left with deferred
benefits between 1
April 1998 and 31
March 2009, and
 elects for payment
between 50 and 55.
Decide whether to consent
to the election.
If you do so, the member
and the administering
authority will need to pay
unauthorised tax charges to
HMRC.
30(1) of
the1998
Regulations
The Council will not waive the
actuarial reduction applied to benefits
paid early under these regulations.
No Change

Page 59

59
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
62 Retirement –
deferred
members
A member who:
 left with deferred
benefits before 1 April
1998, and
 elects for payment on
or after age 55.
Ordinarily, you will treat the
election as being made
under regulation 3(13) of the
2014 Transitional
Regulations. For these:
 you do not need to
consent to early
payment,
 the benefits may be
reduced for early
payment, and
 you may not agree to
waive any of the
reductions.
If you want to waive all the
reductions for early
payment, you must first
decide, on compassionate
grounds, to treat the election
as an election under
E2(6)(b) of
the 1987
Regulations
For noting only– no requirement to
lay out in policy

Page 60

60
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
regulation E2(6)(b) of the
1987 Regulations.
Where you do so, the
administering authority will
likely require you to pay an
additional employer
contribution.
63 Retirement –
deferred
members
A member who:
 left with deferred
benefits before 1 April
1998, and
 elects for payment
between 50 and 55.
Decide whether to consent
to the election on
compassionate grounds.
If you do so the:
 member and the
administering authority
will need to pay
unauthorised tax
charges to HMRC, and
 administering authority
will likely require you to
pay an additional
employer contribution.
E2(6)(b) of
the 1987
Regulations
For noting only– no requirement to
lay out in policy

Page 61

61
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
64 Retirement –
deferred
members
A member:
 who left with deferred
benefits between 1
April 2009 and 31
March 2015,
 who elects for early
payment, and
 whose benefits will be
reduced for early
payment.
Decide whether, on
compassionate grounds, to
agree to waive all or none of
the reduction to the benefits.
If so, the administering
authority will likely require
you to pay an additional
employer contribution.
Where the member is aged
between 55 and 60, you will
only be able to agree to this
if you have also agreed for
the election to be treated as
being made under
regulation 30(2) of the 2008
Benefit Regulations. See
discretion 59.
Paragraph
2(1) of
schedule 2 to
the 2014
Transitional
Regulations
30(5) of the
2008 Benefit
Regulations
The Council will not waive the
actuarial reduction applied to benefits
paid early under these regulations.
No change but additional para –
linked to Disc 59 above

Page 62

62
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
65 Retirement –
deferred
members
A member:
 who left with deferred
benefits between 1
April 1998 and 31
March 2009,
 who elects for early
payment, and
 whose benefits will be
reduced for early
payment.
Decide whether, on
compassionate grounds, to
agree to waive all or none of
the reduction to the
member’s benefits.
If so, the administering
authority will likely require
you to pay an additional
employer contribution.
Where the member is aged
between 55 and 60, you will
only be able to agree to this
if you have also agreed that
the election is to be treated
as being made under
regulation 30(1) of the 1998
Regulations. See discretion
60.
Paragraph
2(1) of
schedule 2 to
the 2014
Transitional
Regulations
30(5) of the
1998
Regulations
The Council will not waive the
actuarial reduction applied to benefits
paid early under these regulations. 
No Change

Page 63

63
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
66 Retirement –
active and
deferred
members
A member who:
 left active membership
after 31 March 2015,
and
 will receive payment
of benefits that are
reduced for early
payment.
This doesn’t apply to
flexible retirement cases
(see discretion 69).
Decide whether to agree to
waive all, some or none of
the reductions.
29(9) of the
2018
Regulations
3(12) of the
2014
Transitional
Regulations
The Council will consider each case
on its’ own merits and may waive all
or part of the actuarial reduction
where this is demonstrated to be to
the Council’s advantage or in its’
operational interest in line with the
Council policy.
No Change

Page 64

64
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
67 Retirement –
active and
deferred
members
A member who:
 left active membership
after 31 March 2015,
 elects for payment of
benefits between 55
and 60,
 qualifies for rule of 85
protection, and
 satisfies it before 60.
If unsure whether the
member qualifies for rule
of 85 protection and, if so,
when they satisfy it,
check with the
administering authority.
This doesn’t apply to
flexible retirement cases.
The actual date the
member satisfies the rule
For calculating early
payment reductions, decide
whether the administering
authority should use the
actual date the member
satisfies the rule of 85.
Ordinarily, the authority will
treat the member as
satisfying it at age 60.
If you require the authority
to use the actual date the
member satisfied the rule of
85, it will likely require you
to pay an additional
employer contribution.
Paragraph
1(1)(c) of
schedule 2 to
the 2014
Transitional
Regulations
The Council will not exercise the
discretion to apply the 85 year rule on
the basis of cost.
No Change

Page 65

65
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
of 85 is automatically
used.
68 Retirement –
flexible
retirement
An active member who –
 is aged 55 or over,
 has built up at least
two years qualifying
service,
 reduces their hours or
grade in an
employment, and
 immediately elects to
receive all or part of
their pension while
remaining in their
employment.
Councillor members may
not elect for flexible
retirement.
Decide whether to consent
to the election.
If so, the administering
authority may require you to
pay an additional employer
contribution.
29(7) of the
2018
Regulations
11(2) of the
2014
Transitional
Regulations
The Council will consider applications
on an individual basis and may be
granted where it can be
demonstrated to be to the Council’s
advantage or in its’ operational
interest and in accordance with the
Council’s policy.
No Change

Page 66

66
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
69 Retirement -
flexible
retirement
A member entitled to
flexible retirement where
the benefits will be
reduced for early
payment.
Decide whether to agree to
waive all or part of the
reductions.
If you decide to waive any of
the reductions, the
administering authority will
likely require you to pay an
additional employer
contribution.
Note: any resultant strain
cost from the exercise of
this discretion will be
charged to the employer
regardless of the
member’s age at date of
retirement.
29(9) of the
2018
Regulations
Paragraph
2(1) of, and
schedule 2
to, the 2014
Transitional
Regulations
The Council will consider applications
on an individual basis and may be
granted where it can be
demonstrated to be to the Council’s
advantage or in its’ operational
interest and in accordance with the
Council’s policy.
No Change

Page 67

67
No. Topic Relevant member Summary of employer
discretion
Regulations Employer’s policy on the exercise
of this discretion
70 Transfers out Two or more members
whose active
membership ends on
joining a different pension
Scheme.
Decide whether the
transfers out of the LGPS
fund should be calculated as
a bulk transfer.
If so, the administering
authority, managers of the
different scheme and
members also need to
agree.
93(1) of the
2018
Regulations
The Council will consult with
Strathclyde pension fund office and
the fund actuaries in this regard.
No Change
71 Transfers in An active member who:
 elects to transfer
pension rights from a
different scheme to
the LGPS, and
 gives the election after
12 months from first
joining the
LGPS in an
employment.
Decide whether to allow the
late election.
95(6) of the
2018
Regulations
The Council will not generally extend
the normal time limit for acceptance
of a transfer value beyond 12 months
from joining the scheme. However,
may do so where exceptional
circumstances can be proved. Each
case will be considered on its
individual merits including if there
would be any financial impact on the
Council and/or the Pension Fund.
No Change

Page 68

68
* Whether discretion should be set out in written policy statement
No written policy statement required
Regarding exercising certain discretions, while the regulations do not require the
employer to set out their policy in a written statement, we recommend doing so to
promote strong governance.
Written policy required under the LGPS regulations
The regulations require the employer to prepare and publish a written statement of
its policy on exercising certain discretions.
The employer should have sent a copy of its first statement to the administering
authority before:
 1 July 2015 – regulation 58 of the 2018 Regulations
 1 July 2009 – regulation 61 of the 2008 Administration Regulations
 1 July 1998 – regulation 105 of the 1998 Regulations.
The employer must keep their statement under review.
If the employer changes its policy, it must revise its statement accordingly. Within a
month of revising the statement, the employer must:
 send a copy of the revised statement to the administering authority, and
 publish the revised statement.
When preparing, reviewing and revising the statement, the employer must consider
whether there is a risk, and if so, the extent of that risk, that exercising the discretion
in accordance with the policy could lead to a serious loss of confidence in the public
service.
Note 3 – Regulation 51A of the 1998 Discretionary Regulations
Regulation 51A requires the employer to formulate and publish a written statement of
its policy on exercising certain discretions.
The employer should have published its first statement before 7 October 2000.
The employer must keep their statement under review.

Page 69

69
If the employer decides to amend its policy, it must publish an amended written
statement within a month of deciding to amend the policy. The amended policy may
not have effect until, at the earliest, one month after the amended statement is
published.
When formulating or reviewing their policy, the employer must:
 have regard to the extent to which exercising the discretions, unless properly
limited, could lead to a serious loss of confidence in the public service
 be satisfied that the policy is workable, affordable and reasonable having regard
to the foreseeable costs.
Commitments and Aims
Statement
The Council has a responsibility to exercise discretion in a fair, consistent, manner
and act in the best interests of the organisation, the community and the pension
fund. The following sections detail the Council’s commitments in particular
circumstances.
Re-employment of individuals who have left the Council through early
retirement/voluntary severance
In line with the Accounts Commission report on “Managing Early Departures from
the Scottish Public Sector”, where an individual leaves the employment of the
Council through early retirement/voluntary severance the individual will be unable
to seek re-employment with the Council at a future date. Any re-employment of
former employees would be in exceptional circumstances only and must have prior
approval from the Chief Officer - People and Technology.
Cost Benefit Analysis/Voluntary Early Retirement/Voluntary Severance
To comply with best value principles, the Council has an aim and commitment to a consistent
maximum pay-back period of two years for voluntary early retirement or severance.
In line with current processes, all Cost Benefit Analysis (CBA) are considered and approved
on their merits, with consideration of current financial position and previous approaches.
Approval is thereafter required of the Chief Officers - People and Technology and

Page 70

70
Resources, followed by the Chief Executive. The Council reserves the right to vary this pay-
back period in exceptional circumstances and on submission of a robust business
justification.
The application of S20 Certificate of Protection
Regulation 22 of the Local Government Pension Scheme (Scotland) Regulations
1998 provides a degree of protection for members who suffer a reduction in their
pensionable pay through circumstances out-with their control including the
member’s ill health. This provision is carried forward by regulation 43 of The Local
Government Pension Scheme (Administration) (Scotland) Regulations 2008.
Circumstances out-with an employee’s control are defined as being:
a. the employer compulsorily changed the employment resulting in a lower
grade
b. Job Evaluation exercise
c. Equal pay correction
d. Ill health
e. Cessation of pensionable payments, compulsorily made
In the event that an employee suffers a reduction in their pensionable pay due to
their own conduct (disciplinary sanctions) or circumstances in which there were
other alternative options, they will not be eligible for nor covered by this protection.
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