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The Police Pensions (Scotland) Regulations 2007

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17.—(1) If a regular police officer is ineligible for pension awards payable on the ground of permanent disablement under regulation G7 of the 1987 Regulations and is an officer to whom regulation 6(5), (6) or (7) applies, that officer may at the time of making that officer’s transfer election request by notice in writing given to the police authority that that officer’s eligibility for pension awards payable on the ground of permanent disablement be redetermined by the police authority in accordance with regulation 8.

(2) Where a regular police officer gives such notice as is mentioned in sub-paragraph (1), regulation 8 shall apply to that officer and that officer’s eligibility for pension awards payable on the ground of permanent disablement shall be determined by the police authority in accordance with that regulation, subject to any appeal in accordance with regulation 70; and if the police authority determine under regulation 8(3) or 8(4) (as applicable) that the risk presented by that officer that that officer will retire on the ground that that officer is permanently disabled is such that the likely cost of providing that officer with benefits under these Regulations is not disproportionately high that officer shall be eligible for pension awards payable on the ground of permanent disablement from the date on which that officer’s transfer election took effect but only in respect of that officer’s pensionable service from that date.

(3) Where a regular police officer is eligible for pension awards payable on the ground of permanent disablement in accordance with sub-paragraph (2)–

(a)regulation 29 shall apply to that officer from the date on which that officer’s transfer election took effect; and

(b)in calculating that officer’s entitlement to any standard ill-health pension or any enhanced top-up ill-health pension the pensionable service that officer is entitled to reckon as at the date of that officer’s retirement shall only comprise service from the date on which that officer’s transfer election took effect.

(4) If, as a result of a determination and any appeal following that determination under sub-paragraph (2), the officer is ineligible for pension awards payable on the ground of permanent disablement for the purposes of these Regulations that officer may within 28 days of receiving notice of such ineligibility, elect to cancel that officer’s transfer election by notice in writing given to the police authority.

(5) Where a regular police officer has elected to cancel that officer’s transfer election in accordance with paragraph (4), that officer shall be treated for all purposes as if the transfer election had not been made.

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