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The Police Pensions (Scotland) Regulations 2007

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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..

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