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The Police Pensions (Scotland) Regulations 2007

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Guaranteed minimum pension for the purposes of the Pension Schemes Act 1993

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43.—(1) This paragraph applies in the case of a regular police officer who has a guaranteed minimum under section 14 of the 1993 Act (1) in relation to that officer’s pension provided under these Regulations:

Provided that it shall not apply in the case of a regular police officer in respect of whom a transfer value has been, or is required to be, paid under regulation 78.

(2) A regular police officer to whom paragraph (1) applies shall be entitled to a pension payable for life of a weekly amount equal to that officer’s guaranteed minimum (increased in accordance with section 15 of the 1993 Act); but no payment shall be made on account of the pension–

(a)in respect of any period before the date on which the officer attains state pensionable age;

(b)if the officer is also entitled to a pension under the preceding provisions of this Part, in respect of any period for which that pension, together with any increase therein under the Pensions (Increase) Act 1971(2), exceeds the pension which, disregarding this sub-paragraph, would be payable under this regulation; or

(c)in respect of any period following the date on which the officer attains state pensionable age during which the officer continues to be in service or employment (whether or not as a regular police officer) which commenced before that officer attained that age if–

(i)that officer’s service or employment is otherwise than as a regular police officer and that officer consents to postponement of that officer’s entitlement under this paragraph;

(ii)the officer is entitled to an ordinary or deferred pension under these Regulations but for the period in question that pension has been withdrawn, in whole or in part, in pursuance of a decision taken by the police authority for the purposes of regulation 52 before that officer attained state pensionable age; or

(iii)that officer’s continued service is as a regular police officer and the officer has no entitlement to an ordinary or deferred pension under these Regulations:

  • Provided that where the officer continues to be in service or employment (whether or not as a regular police officer) for a period of 5 years following the date on which that officer attains state pensionable age and does not then leave it, the commencement of that officer’s entitlement to a guaranteed minimum pension may be further postponed only if that officer consents to such postponement.

(3) This paragraph applies in the case of a regular police officer who has ceased to be in service or employment that was contracted-out within the meaning of section 8(1) of the 1993 Act(3) and either–

(a)all that officer’s entitlements to awards under these Regulations, except that officer’s rights in respect of that officer’s guaranteed minimum or that officer’s rights under section 9(2B) of the 1993 Act(4) (“contracting-out rights”) have been transferred under Part 8; or

(b)the officer has no entitlement to an award under these Regulations apart from that officer’s contracting-out rights.

(4) A regular police officer to whom paragraph (3) applies shall be entitled to–

(a)a pension payable for life as from the date on which that officer attains state pensionable age of a weekly amount equal to that officer’s guaranteed minimum, if any; and

(b)as from the date on which that officer attains the age of 55 a lump sum and pension in respect of that officer’s rights under section 9(2B) of the 1993 Act.

(5) In a case in which paragraph (1) or (3) applies, where the regular police officer dies or has died at any time leaving a surviving spouse or surviving civil partner then, unless any pension to which the officer has been entitled has been forfeited under regulation 55(2), the surviving spouse or surviving civil partner, as the case may be, shall be entitled to a pension of a weekly amount calculated in accordance with section 17(3) or (4) of the 1993 Act, as the case may require; but no payment shall be made on account of such pension if the surviving spouse or surviving civil partner is also entitled to a survivor’s pension under regulation 39 in respect of any period for which the amount of that survivor’s pension exceeds the pension which, disregarding this paragraph, would be payable hereunder.

(6) Where a surviving spouse or surviving civil partner is entitled to both a survivor’s pension under regulation 39 and a pension under paragraph (5) then, in respect of any period in respect of which a payment is made on account of the pension under paragraph (5), no payment shall be made to the surviving spouse or surviving civil partner on account of any such survivor’s pension.

(7) For the purposes of this regulation, “state pensionable age” means, in the case of a man, the age of 65 or, in the case of a woman, the age of 60.

(8) Regulation 55 shall apply in relation to a pension under paragraph (2), (4) or (5) as it applies to any other pension under this Part but as if paragraph (4) of that regulation were omitted.

(9) Save as provided in paragraph (2), (5), (6) or (8), nothing in any other regulation shall affect a person’s entitlement to a pension under this regulation, the amount of such a pension or the circumstances in which it may be withdrawn or forfeited.

(1)

1993 c. 48; section 14 has been amended by the Pensions Act 1995 (c. 26), schedule 5, paragraph 27 and schedule 7, Part III; the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c. 2), schedule 1, paragraph 38; and the Proceeds of Crime Act 2002 (c. 29), schedule 11, paragraphs 1 and 22(1) and (3); and subsection (1) has been modified in certain cases by the Protected Rights (Transfer Payment) Regulations 1996 (S.I. 1996/1461), regulation 6(4) and the Contracting-out (Transfer and Transfer Payment) Regulations 1996 (S.I. 1996/1462, regulations 12 and 13 and schedule 2, paragraphs 3 and 7.

(3)

1993 c. 48; section 8(1) was amended by the Pensions Act 1995 (c. 26), section 136(2) and schedule 5, paragraph 21(a) and by the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c. 2) schedule 1, paragraph 34(a).

(4)

Section 9(2B) was substituted by section 136(3) of the Pensions Act 1995 and amended by the Social Security Contributions (Transfer of Functions, etc) Act 1999, Schedule 1, paragraph 35(1) and (2).

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