The Police Pensions (Scotland) Regulations 2007

Regulation 98

SCHEDULE 5 AMENDMENT OF THE POLICE (INJURY BENEFIT) (SCOTLAND) REGULATIONS 2007

1.  The Police (Injury Benefit) (Scotland) Regulations 2007(1) are amended in accordance with this Schedule.

2.  For regulation 4 (pensionable and average pensionable pay and aggregate pension contributions), substitute the following–

“4.— (1) For the purposes of calculating an award to or in respect of a member of a police force their pensionable pay shall be calculated–

(a) in a case where their pension contributions were payable under regulation G2 of the 1987 Regulations, in the same way as if the award were one payable under the 1987 Regulations, in accordance with regulation G1(1) and (1A) of those Regulations;

(b) in a case where their pension contributions were payable under regulation 7 of the 2007 Regulations, in the same way as if the award were one payable under the 2007 Regulations, in accordance with regulation 23 of those Regulations.

(2) For the purposes of calculating an award to or in respect of a member of a police force their average pensionable pay shall be calculated–

(a) in a case such as is mentioned in paragraph (1)(a), in the same way as if it were an award payable under the 1987 Regulations, in accordance with regulation G1(2) to (9) of those Regulations, and as if–

(i) the relevant date for the purposes of that regulation were the date of their last day of service as a regular policeman in the force of the police authority by whom the award is payable; and

(ii) the provisions specified in paragraph 4(4) of Part VI of Schedule J (part-time service) to the 1987 Regulations included the following provisions of these Regulations, that is to say regulations 13(2) and (3), 14(2)(a) and 17(3), (4), (5) and (6), and paragraphs 1, 2 and 4 of Schedule 5; and

(b) in a case such as is mentioned in paragraph (1)(b), in the same way as if it were an award payable under the 2007 Regulations, in accordance with regulation 25 of those Regulations, and as if–

(i) the period of 12 months mentioned in regulation 24(1) of those Regulations were the period of 12 months ending with the date of their last day of service as a regular police officer in the force of the police authority by whom the award is payable; and

(ii) the provisions specified in regulation 25(4) of the 2007 Regulations (average pensionable pay) included the provisions of these Regulations mentioned in sub-paragraph (a)(ii).

(3) For the purposes of an award calculated in accordance with paragraphs (1) and (2) references in such provisions of the 1987 Regulations or, as the case may be, of the 2007 Regulations as are mentioned in those paragraphs to a person’s pensionable service shall in the case of a regular policeman or regular police officer who has made an election under regulation G4(1) of the 1987 Regulations or, as the case may be, regulation 9(1) of the 2007 Regulations include references to the pensionable service which would have been reckonable by that person if they had not made such an election.

(4) For the purposes of calculating an award to or in respect of a regular police officer their aggregate pension contributions shall be calculated–

(a) in a case where their pension contributions were payable under regulation G2 of the 1987 Regulations, in the same way as if it were an award payable under the 1987 Regulations, in accordance with regulation A10 of those Regulations;

(b) in a case where their pension contributions were payable under regulation 7 of the 2007 Regulations, in the same way as if it were an award payable under the 2007 Regulations, in accordance with regulation 26 of those Regulations.”.

3.  For regulation 12(3) (disablement gratuity), substitute the following–

“(3) For the purposes of paragraph (2)(b) the amount of aggregate pension contributions in respect of the relevant period of service shall be calculated–

(a) in the case of a person by whom, immediately before their last day of service as a member of a police force, pension contributions were payable under regulation G2(1) of the 1987 Regulations or would have been so payable but for an election under regulation G4(1) of the 1987 Regulations in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation A10 of those Regulations;

(b) in the case of a person by whom, immediately before their last day of service as a member of a police force, pension contributions were payable under regulation 7 of the 2007 Regulations or would have been so payable but for an election under regulation 9 of the 2007 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation 26 of those Regulations.”.

4.  In regulation 13(2)(b)(ii) (adult survivor’s special award) after “the 1987 Regulations” insert “or, as the case may be, regulation 29 of the 2007 Regulations”.

5.  In regulation 21(2) (death gratuity) after “the 1987 Regulations” insert “or, as the case may be, under regulations 71, 72 or 73 of the 2007 Regulations”.

6.  In regulation 22 (abatement of certain gratuities in respect of gratuities otherwise payable)–

(a) in paragraph (1) after “the 1987 Regulations” insert “or, as the case may be, regulation 44 or 45 of the 2007 Regulations”;

(b) in paragraph (2)(a)(i) after “the 1987 Regulations” insert “or, as the case may be, regulation 44 or 45 of the 2007 Regulations”;

(c) in paragraph (2)(a)(ii) after “the 1987 Regulations” insert “or, as the case may be, regulation 46 of the 2007 Regulations”;

(d) in paragraph (2)(b)(ii)(C) after “the 1987 Regulations” insert “or, as the case may be, regulation 29 of the 2007 Regulations”; and

(e) in paragraph (2)(c) after “the 1987 Regulations” insert “or, as the case may be, regulation 44 of the 2007 Regulations”.

7.  In regulation 24(6) (gratuity in lieu of adult survivor’s special pension) after “the 1987 Regulations” insert “or the 2007 Regulations”.

8.  In regulation 26 (limitation on discretion to grant a gratuity in lieu of an adult survivor’s special pension or a child’s special allowance)–

(a) in paragraph (1) after “the 1987 Regulations” insert “or the 2007 Regulations”;

(b) in paragraph (2) after “the 1987 Regulations” insert “or regulation 38 of the 2007 Regulations”; and

(c) in paragraph (2) after “regulation B7 ”, where it occurs for the second time, insert “or regulation 38”.

9.  In regulation 27 (prevention of duplication)–

(a) in paragraph (1)(a) after “the 1987 Regulations” insert “or an adult survivor’s pension under regulation 41 of the 2007 Regulations”; and

(b) in paragraph (1)(b) after “the 1987 Regulations” insert “or a child survivor’s pension under regulation 42 of the 2007 Regulations”.

10.  In regulation 28 (increase of adult survivor’s special pension or child’s special allowance during first 13 weeks)–

(a) in paragraph (1)(b) after “Part B of the 1987 Regulations” insert “or Part 4 of the 2007 Regulations”;

(b) in paragraph (2) after “the 1987 Regulations” insert “or regulation 42 of the 2007 Regulations”; and

(c) in paragraph (4)(ii) after “the 1987 Regulations” insert “or, as the case may be, Part 4 of the 2007 Regulations”.

11.  In regulation 30(2) (reference of medical questions)–

(a) after “regulation H1(2) of the 1987 Regulations” insert “or regulation 69 of the 2007 Regulations”; and

(b) after “Part H of the 1987 Regulations” insert “or, as the case may be, Part 7 of the 2007 Regulations”.

12.  In regulation 37 (reassessment of injury pension)–

(a) in paragraph (2) after “the 1987 Regulations” insert “or the 2007 Regulations”;

(b) in paragraph (3) after “the 1987 Regulations” insert “or regulation 51(5) or (6) of the 2007 Regulations”; and

(c) in paragraph (4) after “the 1987 Regulations” insert “or regulation 51(8)(d) of the 2007 Regulations”.

13.  In regulation 40 (forfeiture) after paragraph (4) insert the following paragraph–

“(4A) the police authority may, to such extent as they at any time in their discretion think fit–

(a) apply for the benefit of any adult or child survivor of the grantee of the pension; or

(b) restore to the grantee of the pension, any amount or amounts of any pension,

that has or have been forfeited under this regulation.”.

14.  In Schedule 1 (glossary of expressions), after the definition of “the 1987 Regulations” insert–

““the 2007 Regulations” means the Police Pensions (Scotland) Regulations 2007;”.

15.  In Schedule 3 (police officer’s injury award)–

(a) in paragraph 5 after “the 1987 Regulations” insert “or regulation 9(1) of the 2007 Regulations”;

(b) in paragraph 6(1) after “the 1987 Regulations” insert “or, as the case may be, Part 4 of the 2007 Regulations”;

(c) in paragraph 6(2)(b) after “the 1987 Regulations” insert “or, as the case may be, regulations 38 of the 2007 Regulations”; and

(d) in paragraph 6(3) after “the 1987 Regulations” insert “or, as the case may be, regulation 9(1) of the 2007 Regulations”.

(1)

S.S.I. 2007/68.