Your guide to scheme regulations

The table below will help you find details of all the regulations and legislation that cover your local government pension scheme.

SchemeRegulationsNotes
2018 CARE SchemeThe Local Government Pension Scheme (Remediable Service) (Scotland) Regulations 2023  SSI 2023/240Following the introduction of the Public Service Pensions and Judicial Offices Act 2022, these regulations rectify the unlawful discrimination identified by the McCloud judgement by extending ‘underpin’ protection to the younger members of the scheme whom the courts found had been treated unlawfully
The Local Government Pension Scheme (Scotland) Regulations 2018 (SSI 2018/141)

These regulations consolidate all previous amendments and take into account the day to day experience of applying the 2014 Regulations since 1 April 2015 where areas for clarification have been sought or a change in approach has been requested.

Revise existing provisions to add clarity and address other issues raised as part of good stewardship of the regulatory framework of the Scheme created by the 2014 Regulations (“the Scheme”)

2015 CARE scheme

The Local Government Pension Scheme (Scotland) Regulations 2014 (SSI 2014/164) (as amended by SSIs 2015/87, 2015/448, 2016/32)

The Local Government Pension Scheme (Transitional Provisions and Savings) (Scotland) Regulations 2014 (SSI 2014/233) (as amended by SSIs 2015/87, 2015/448)

The Local Government Pension Scheme (Governance) (Scotland) Regulations 2015 (SSI 2015/60)

The 2015 Scheme and associated regulations cover Local Government members recruited from 1 April 2015 and those in 1998 and 2009 sections who do not have transitional protection.

Provide for the establishment of a Scheme Advisory Board and pension boards from 1 April 2015.

2009 Scheme

The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008 (SSI 2008/228) (as amended by SSIs 2009/93, 2009/187, 2010/233, 2010/234, 2011/349, 2012/236, 2012/347, 2014/23)

The Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008 (SSI 2008/230) (as amended by SSIs 2009/93, 2009/187, 2010/234, 2011/349, 2012/236, 2012/347, 2014/23, 2015/448)

The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008 (SSI 2008/229) (as amended by SSIs 2009/93, 2009/187, 2010/233, 2011/349, 2012/236, 2012/347, 2014/23, 2015/448).

Set out the new Local Government Pension (Scotland) Scheme on 1st April 2009 and replaced the Local Government Pension (Scotland)

Scheme 1998. Scheme is closed to new members in 2015 but regulations remain in use for members who joined before 2015 & have service in 2009 scheme.

1998 Scheme

The Local Government Pension Scheme (Scotland) Regulations 1998 (SI 1998/366) (as amended by SIs 1998/1129, 1999/787 2001/3649 and SSIs 2000/199, 2001/23, 2001/460, 2002/311, 2005/293, 2005/315, 2005/554, 2006/123, 2006/468, 2006/514, 2007/71, 2007/514, 2009/186, 2011/349, 2015/448).

Other than the provisions listed in Schedule 1 of The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008 (SSI 2008/229), The Local Government Pension Scheme (Scotland) Regulations 1998 are revoked by SSI 2008/229 - but continue in effect for leavers between 1 April 1998 and 31 March 2009 (both dates inclusive) by regulation 5 of SSI 2008/229.

The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998 (SI 1998/364) (as amended by SI 1998/2888 and SSIs 2000/199, 2005/554)

The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998 are revoked by the Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008 (SSI 2008/229) but continue in effect for pre 1 April 2009 leavers by virtue of regulation 5 of SSI 2008/229.

Sets out the Local Government Pension (Scotland) Scheme provisions prior to 1 April 2009. Scheme was closed to new members in 2009 but regulations remain in use for members who joined before 2009 & have service in 1998 scheme
1987 Scheme

The Local Government Superannuation (Scotland) Regulations 1987 (SI 1987/1850)

The "common provisions" as defined in regulation 2 of the LGPS (Transitional Provisions) (Scotland) Regulations 1998 (SI 1998/364) (as amended).

Scheme was closed to new members in 1998 but regulations remain in use for members who joined before 1998 & have service in 1987 scheme.
Associated legislation

The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998 (SI 1998/192) (as amended by SI 1998/364 and SSIs 2000/77, 2005/554, 2006/609, 2007/71, 2009/187, 2011/349)

The Local Government Pension Scheme (Management and Investment of Funds) (Scotland) Regulations 2010 (SSI 2010/233) (amended by SSI 2016/74)

Enable calculation of discretionary lump sum compensation for early retirement on grounds of efficiency or redundancy.

Consolidate The Local Government Pension Scheme(Management and Investment of Funds) (Scotland) Regulations 1998

 

Was this information useful?
Your feedback helps us to improve this website. Do not give any personal information because we cannot reply to you directly.