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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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, I have attached an extract from The Local Government (Pension

Customer Question

, I have attached an extract from The Local Government (Pension Scheme) Scotland Regulations 2008. I am aged over 60 and have been refused flexible retirement by my employer. My question is, does paragraph 2 of the regulations below not mean that I don't need my employer's consent to take flexible retirement, and that therefore they can't refuse it because I am aged over 60 ?
many thanks
James Macdonald
Flexible retirement
18.—(1) A member who–
(a) has attained the age of 55; and
(b) with the member’s employing authority’s consent, reduces the hours the member works, or the grade in which the member is employed,
may, subject to paragraph (2), make a request in writing to the appropriate administering authority to receive all or part of the member’s benefits under these Regulations, and the administering authority must pay those benefits to the member notwithstanding that the member has not retired from that employment.
(2) Where the member has not attained the age of 60, the member must obtain the employing authority’s consent before making the request.
(3) If the payment of benefits referred to in paragraph (1) takes effect before the member’s 65th birthday, the benefits payable are reduced in accordance with guidance issued by the scheme actuary.
(4) But the employer may agree to waive, in whole or in part, any such reduction as is referred to in paragraph (3).
(5) Subject to paragraph (6), in the case of a person who is a member on 31st March 2009, and who makes a request before 31st March 2010, paragraph (1) applies as if “the age of 50” were substituted for “the age of 55”.
(6) Paragraph (5) only applies to a member whose employment has been continuous with the same employer throughout that period.
(7) purposes of paragraph (6), the employment of a member who has been the subject of a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 (7) apply shall be treated as being continuous employment with the transferee employer.
(8) Where a member is receiving benefits under this regulation, the period of membership used to calculate those benefits is not taken into account in any subsequent calculation of such benefits to which the member is entitled under these Regulations.
(9) The value of any benefits paid to a member under paragraph (1) shall be taken into account in any subsequent calculation of the member’s benefits under regulation 16, 17, 19, 20, 30 or 31 in accordance with guidance issued by the scheme actuary.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you question.
That would appear to be correct. There are two bodies referred to:
1. The administering authority, and,
2. The employing authority.
If you are under 60 you need to make the request to the employing authority before you can apply to the administering authority.
If you are over 60 you can make the request to the administering authority without approaching the employing authority.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you response, that is the answer I was looking for, but I have since been advised that an amendment to this legislation was brought in which removed the reference to employees over 60 being able to access flexible retirement without the permission of their employer.
I will now need to try and identify the legislation that brought in that amendment and see what I can do about that.
thanks again
Expert:  JGM replied 2 years ago.
There were new regulations in 2014 which you can get here.
http://www.legislation.gov.uk/ssi/2014/164/made
I suspect these deal with changes to retirement ages.