The Police Pension Scheme (Scotland) Regulations 2015

PART 2 Exceptions for full protection members of the 1987 scheme

Meaning of “full protection member” (the 1987 scheme)

9.—(1) A person (P) to whom paragraph 11 applies is a full protection member of the 1987 scheme.

(2) P ceases to be a full protection member of the 1987 scheme when P ceases to be in pensionable service under that scheme.

Exception for full protection member during protection period

10.—(1) The protection period for a full protection member of the 1987 scheme—

(a) begins on the day after the scheme closing date; and

(b) ends when P ceases to be a full protection member of the 1987 scheme.

(2) In respect of the protection period—

(a) P is in pensionable service under the 1987 scheme;

(b) section 18(1) of the Act does not apply in respect of that pensionable service; and

(c) benefits are to be provided under the 1987 scheme to or in respect of P in relation to that pensionable service.

Active member of the 1987 scheme on scheme closing date

11.—(1) This paragraph applies if any of the following sub-paragraphs applies.

(2) This sub-paragraph applies if—

(a) P was an active member of the 1987 scheme on the scheme closing date and on 31st March 2012; and

(b) on 1st April 2012, P had reached 45.

(3) This sub-paragraph applies if—

(a) P was an active member of the 1987 scheme on the scheme closing date and on 31st March 2012;

(b) on 1st April 2012—

(i) P had reached 38; and

(ii) P had at least 20 years’ pensionable service under the 1987 scheme.

(4) This sub-paragraph applies if—

(a) on 31st March 2012, P was an active member of the 1988 NI police pension scheme;

(b) on the scheme closing date, P was an active member of the 1987 scheme;

(c) P did not have a gap in pensionable service between ceasing pensionable service under the 1988 NI police pension scheme and beginning pensionable service under the 1987 scheme; and

(d) P would have been a full protection member of the 1988 NI police pension scheme had P remained in pensionable service under that scheme.