The Police Pensions (Scotland) Regulations 2007

Payment and duration of awards

83.—(1) Subject to the provisions of these Regulations, in particular of–

(a) regulation 32(4);

(b) regulation 33;

(c) regulation 43; and

(d) regulations 51 to 55,

the pension of a regular police officer shall be payable in respect of each month as from the date of that officer’s retirement.

(2) Subject to the provisions of these Regulations, a survivor’s pension shall be payable in respect of each month as from the death of the police officer in respect of whom the award is payable or, in the case of a posthumous child such as is mentioned in regulation 40(1)(b)(i), as from the birth of the child, except where the police officer in respect of whom the award is payable was in receipt of a pension and dies during a period in respect of which the officer has already received that officer’s pension, in which case the survivor’s pension shall not be payable before the end of that period.

(3) Subject to the provisions of these Regulations, in particular of–

(a) regulation 42(6)(b) and (c);

(b) regulation 43; and

(c) regulations 51 to 55,

a pension shall be payable for life and shall be discharged by payments in advance at such reasonable intervals as the police authority may, in their discretion, determine, except that payment on account of a pension may be delayed, in whole or in part, pending the determination of any question as to the liability of the police authority in respect of the pension, including any question as to the continuance of that liability.

(4) Where a person dies after receiving a sum paid in advance on account of a pension, neither the said sum nor any part thereof shall be recoverable although referable to a period after the person’s death.

(5) Subject to the provisions of these Regulations, a gratuity or award by way of repayment of aggregate pension contributions shall become payable as soon as the entitlement to it arises and shall be paid forthwith in 1 sum, and a lump sum payable upon the retirement of a regular police officer shall be paid within 3 months from the date of retirement, except that–

(a) any such payment may be delayed, in whole or in part, pending the determination of any question as to the liability of the police authority to pay it; and

(b) where the police authority are satisfied that it would be for the advantage of the beneficiary to pay a gratuity in instalments, they may pay it in instalments of such reasonable amounts and over such reasonable period as they think fit.