The Electricity (Amendment of Scottish Pension Schemes) Regulations 1990

• Citation: S.I. 1990/2181
• Sections: 13

Section 1 Citation and commencement

These Regulations may be cited as the Electricity (Amendment of Scottish Pension Schemes) Regulations 1990, shall come into force on 3rd December 1990 and shall have effect from 29th March 1990 as respects regulations 1, 2 and 3 and from 31st March 1990 as respects regulations 4 and 5.

Section 2 Interpretation

In these Regulations–

“the North Board” means the North of Scotland Hydro-Electric Board;

“the North Scheme” means the Hydro-Electric Pension Scheme formerly called the Hydroboard Superannuation Fund.

“the South Board” means the South of Scotland Electricity Board;

“the South Scheme” means the ScottishPower Pension Scheme formerly called the South of Scotland Electricity Board’s Superannuation Scheme.

Section 3 Amendment of Schemes relating to Board members and former Board members

(1) The amendment to the North Scheme (relating to members and former members of the North Board) set out in Part I of the Schedule hereto shall have effect.

(2) The amendments to the South Scheme (relating to members and former members of the South Board) set out in Part II of the Schedule hereto shall have effect.

Section 4 Amendment of North Scheme relating to certain employees of the North Board who become employees of Scottish Power plc

The amendment to the North Scheme (relating to certain employees of the North Board who become employees of Scottish Power plc) set out in Part III of the Schedule hereto shall have effect.

Section 5 Amendment of South Scheme relating to termination of contributions by a participating employer

The amendment to the South Scheme (relating to termination of contributions by a participating employer) set out in Part IV of the Schedule hereto shall have effect.

Section 1

In Rule 2A(1), paragraph (C) shall be deleted.

Section 2.4

Members of the Board

Section 2.4.1

Any person who is or has been a member of the Board, and who immediately before 29th March 1990 was treated as a member of the Scheme shall (notwithstanding any provisions of section 54 of the Electricity Act 1947 or section 37 of the Electricity (Scotland) Act 1979) be a member of the Scheme and the Scheme shall apply to him as if he had been a member of the Scheme from the date when he began to be treated as such a member.

Section 2.4.2

Any contributions paid by or in respect of such a person before 29th March 1990 shall be deemed to have been properly paid to and received by the Trustees.

Section 2.4.3

For the purposes of this Scheme, service as a member of the Board shall be treated in all respects as if it were service in the employment of the Board.

Section 2

After Rule 2F there shall be inserted the following Rule:–

(2G) Membership of members of the Board

(1) Any person who is or has been a member of the Board and who immediately before 29th March 1990 was treated as a member of the Scheme shall (notwithstanding any provisions of section 54 of the Electricity Act 1947 or section 37 of the Electricity (Scotland) Act 1979) be a member of the Scheme, and the Scheme shall apply to him as if he had been a member of the Scheme from the date when he began to be treated as such a member.

(2) Any contributions paid by or in respect of any such person before 29th March 1990 shall be deemed to have been properly paid to and received by the Committee.

(3) Without prejudice to the generality of the foregoing provisions, any person who before 29th March 1990 has become a member of the Scheme by virtue of the former Rule 2A(1)(C) or any previous corresponding provision shall remain such a member.

(4) For the purposes of this Scheme, service as a member of the Board shall be treated in all respects as if it were service in the employment of the Board.

Section 2.1.5

(1) Notwithstanding the provisions in Rules 2.1.1 to 2.1.4 this Rule applies to a person who:–

(a) on 31 March 1990 was a member of the Scheme;

(b) immediately prior to 31 March 1990 was employed by the Board and located at Cruachan Power Station;

(c) on 31 March 1990 became an employee of Scottish Power plc; and

(d) has not opted to transfer to the ScottishPower Pension Scheme.

These persons will, for the purposes of this Rule, be referred to as the “Cruachan Employees”.

(2) A Cruachan Employee may continue to participate in the Scheme in accordance with the Rules subject to sub-paragraph (3).

(3) A Cruachan Employee shall not continue to participate in the Scheme as a contributor where he has moved from the post ascribed to him on 31 March 1990.

Section 27A(3

Scottish Nuclear Limited, a Participating Employer on the 31st March 1990, may terminate its contributions at any time on giving prior notice in writing to the Principal Employer and the Committee which shall be of a period which is not less than three months. On the date of expiry of the said notice, contributions payable by the Contributing Members in its employ shall also terminate.