Scottish Ministers are required to issue actuarial guidance under the 2014 LGPS Scotland Regulations for the new Local Government Pension Scheme (Scotland) 2015. This includes guidance for the following: Additional Pension, AVCs Conversion to Additional Pension, Early retirement Factors, Flexible Retirement, Individual Transfers, Interfund Transfers, Late Retirement, Lifetime Allowance - Maximum Benefits, Pension Credits, Pension Debits, Trivial Commutation, Scheme Pays & Cash Commutation.
The LGPS Scotland Listing of Extant Guidance, issued 2 April 2015, documents the guidance in force from 1 April 2015. Any guidance documents issued prior to 2015 but still in force may be found on the Timeline Regulations website, under GAD guidance for Post 31 March 2009 Scheme.
LGPS individual transfers - Clarification of the definition of “public service scheme”
One of the protections given to members of the final salary public service pension schemes is to link the pension awarded to the final salary at retirement rather than the date that accrual ceased in the scheme. This protection also applies to members who have left a public service pension scheme and later re-joined the same or another public service scheme provided that the gap in service is no more than five years.
This protection affects the form of benefits awarded if the member transfers pension benefits from a different public service pension scheme.
For the purpose of this protection, “public service scheme” is defined in the legislation. Authorities should check whether a scheme is a public service scheme or not. Not all members of the transfer Club are public service schemes. Some schemes which are public service schemes are:
• Local Government Pension Scheme
• NHS Pension Scheme
• Teachers Pension Scheme
• Civil Service Pension Scheme
• Armed Forces Pension Scheme
• Police Pension Scheme
• Firefighters Pension Scheme
(this applies to all the schemes applying in the different constituent countries of the UK)
Legislative and Actuarial Guidance references
Paragraph 6.5 of the actuarial guidance on individual transfers dated 2 April 2015 applies to members who have not had a continuous break in active membership of more than five years in any public service pension scheme.
The final salary link is legislated for in regulation 9 of the LGPS(S) Transition Regulations; this uses the same definition of “Public Service Pension Scheme” as the Pension Schemes Act 1993. That definition is:
“"public service pension scheme" means an occupational pension scheme established by or under an enactment or the Royal prerogative or a Royal charter, being a scheme-
(a) all the particulars of which are set out in, or in a legislative instrument made under, an enactment, Royal warrant or charter, or
(b) which cannot come into force, or be amended, without the scheme or amendment being approved by a Minister of the Crown or government department or by the Scottish Ministers, and includes any occupational pension scheme established, with the concurrence of the Treasury, by or with the approval of any Minister of the Crown or established by or with the approval of the Scottish Ministers and any occupational pension scheme prescribed by regulations made by the Secretary of State and the Treasury jointly as being a scheme which ought in their opinion to be treated as a public service pension scheme for the purposes of this Act.”
The spreadsheets are to assist administrators and does not override the factors set our in the actuarial guidance documents themselves.