The Police Pensions (Scotland) Regulations 2007

Regulation 2(a)

SCHEDULE 1 GLOSSARY OF EXPRESSIONS

In these Regulations, unless the context otherwise requires:–

“the 1987 Regulations” means the Police Pensions Regulations 1987(1);

“the 1993 Act” means the Pension Schemes Act 1993(2);

“the 1996 Act” means the Police Act 1996(3);

“the 1999 Act” means the Welfare Reform and Pensions Act 1999(4);

“added years” has the meaning assigned to it by regulation 56(2);

“adult survivor” has the meaning assigned to it by regulation 40(1)(a);

“aggregate pension contributions”, for the purpose of calculating an award, shall be construed in accordance with regulation 26;

“the appeal board” has the meaning assigned to it by regulation 72;

“the appellant’s practitioner” shall be construed in accordance with regulation 70(1)(b);

“ceasing to serve” includes–

(a)

voluntarily ceasing to serve as a regular police officer;

(b)

resignation from a police force upon being required to resign; and

(c)

dismissal,

in each case with effect from a date before that on which the person concerned attains the age of 55 years;

“chief constable” has the meaning assigned to it by section 3 of the Police (Scotland) Act 1967(5);

“a child survivor” (without regard to age) has the meaning assigned to it by regulation 40(1)(b);

“contracting-out rights” shall be construed in accordance with regulation 43(3)(a);

“Conduct Regulations” has the same meaning as it has in regulation 4(1) of the Police (Scotland) Regulations 2004(6);

“disablement” and cognate expressions have the meanings assigned to them by regulation 4;

“English and Welsh pensions legislation” means the English and Welsh legislation for the time being in force relating to the pensions of members of English and Welsh police forces;

“an enhanced top-up ill-health pension” has the meaning assigned to it by regulation 29(4)(b);

“enhanced top-up totals” has the meaning assigned to it by regulation 31(1);

“final pensionable pay” shall be construed in accordance with regulation 24;

“former force”, in relation to a serviceman, means the police force in which the officer was serving immediately before undertaking a period of relevant service in the reserve forces;

“former pension arrangements” shall be construed in accordance with regulation 15(1)(a);

“former police authority”, in relation to a regular police officer, means the police authority for their former force;

“guaranteed minimum” and “guaranteed minimum pension” have the meanings which they have for the purposes of the 1993 Act; and “guaranteed minimum”, in relation to a pension under a pension scheme at a particular time, means the amount certified by the Department for Work and Pensions as that minimum at that time;

“home police force” means any police force within the meaning of the Police (Scotland) Act 1967;

“infirmity” has the meaning assigned to it by regulation 4(5);

“injury” includes any injury or disease, whether of body or of mind;

“injury received in the execution of duty” and “the result of an injury” have the same meanings as they have in the 1987 Regulations;

“maternity leave” has the same meaning as in regulation 4(1) of the Police (Scotland) Regulations 2004(7);

“medical authority who has given a final decision” has the meaning assigned to it by regulation 73(4);

“normal benefit age” has the meaning assigned to it by regulation 61(2);

“parental leave” means leave granted in accordance with regulation 33(8) of the Police (Scotland) Regulations 2004;

“the parties to the appeal” shall be construed in accordance with regulation 74(5);

“part-time service” means service as a regular police officer performed pursuant to an appointment under regulation 6 of the Police (Scotland) Regulations 2004;

“pension credit” means a credit under section 29(1)(b) of the 1999 Act including a credit under corresponding Northern Ireland legislation;

“pension credit benefit” has the meaning given by section 101B(8) of the 1993 Act;

“pension credit member” has the meaning given by section 124(1) of the Pensions Act 1995(9);

“pension credit rights” means rights to future benefits under these Regulations which are attributable to a pension credit;

“pension debit” means a debit under section 29(1)(a) of the 1999 Act;

“pension debit member” means a person whose benefits or future benefits under these Regulations have been reduced under section 31 of the 1999 Act;

“pension sharing order” means any order or provision which is mentioned in section 28(1) of the 1999 Act, Article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(10) or Part 4 of Schedule 5 to the Civil Partnership Act 2004(11);

“pensionable pay” has the meaning assigned to it by regulation 23;

“pensionable service” shall be construed in accordance with regulation 10;

“the Pensions (Increase) Acts” means the Pensions (Increase) Act 1971(12) and the Pensions (Increase) Act 1974(13);

“police authority” has the meaning given to it by section 11(2) of the Police Pensions Act 1976(14);

“police force” includes a home police force, the National Criminal Intelligence Service and the National Crime Squad;

“Police Service of Northern Ireland pensions legislation” means the Northern Ireland legislation for the time being in force relating to the pensions of members of the Police Service of Northern Ireland;

“prospective service” shall be construed in accordance with regulation 31(3);

“public holiday” means Christmas Day, the 26th December (if it falls on a Saturday or Sunday), the 1st January (if it so falls), Good Friday or a bank holiday;

“the public sector transfer arrangements” has the meaning assigned to it by regulation 15(4);

“public service pension scheme” has the meaning given by section 1(1) of the 1993 Act(15);

“the qualifying service criterion” shall be construed in accordance with regulation 17(3) and (4);

“regular employment” means employment for an annual average of at least 30 hours per week;

“regular police officer” means a member of a home police force, an inspector of constabulary and a police officer engaged on relevant service;

“the relevant award” shall be construed in accordance with regulation 50(1);

“relevant date” shall be construed in accordance with regulation 10(1);

“the relevant police authority” shall be construed in accordance with regulation 76(b);

“relevant service” (except in the expression “relevant service in the reserve forces”) has the meaning assigned to it by section 38A of the Police(Scotland) Act 1967(16);

“relevant service in the reserve forces” has the meaning assigned to it by regulation 89;

“the reserve forces” has the meaning assigned to it by regulation 89;

“Retail Prices Index” means the general index of retail prices published by the Office for National Statistics;

“retirement” and cognate expressions shall be construed in accordance with regulation 17;

“the Scheme actuary” means the actuary for the time being appointed by the Scottish Ministers to provide a consulting service on actuarial matters relevant to these Regulations;

“the selected medical practitioner” shall be construed in accordance with regulation 8(2);

“serious ill-health”, in relation to commutation under Part 6, has the meaning assigned to it by regulation 62(3);

“serviceman” has the meaning assigned to it by regulation 89;

“sick leave” means leave taken in accordance with regulation 33(5) of the Police (Scotland) Regulations 2004;

“a standard ill-health pension” has the meaning assigned to it by regulation 29(3);

“state pensionable age” has the meaning assigned to it by regulation 43(7);

“tax year” means the 12 months beginning with 6th April in any year;

“transfer”, except in the expression “transfer election” shall be construed in accordance with regulation 5;

“a transfer election” has the meaning assigned to it by regulation 6(8); and

“unpaid maternity leave” does not include any maternity leave in respect of which statutory maternity pay is payable under the Social Security Contributions and Benefits Act 1992(17).

Regulation 6(2), (3) and (4)

SCHEDULE 2 APPLICATION OF REGULATIONS TO OFFICERS TO WHOM REGULATION 6(2) AND (3) APPLIES

1.  This paragraph applies to a regular police officer to whom these Regulations apply by virtue of regulation 6(2)(a)(ii).

2.  This paragraph applies to a regular police officer to whom these Regulations apply by virtue of regulation 6(2)(a)(iii).

3.  This paragraph applies to a regular police officer to whom these Regulations apply by virtue of regulation 6(2)(a)(iv) or (v).

4.  An officer to whom paragraph 3 applies may, instead of retaining that officer’s entitlement to that officer’s ordinary pension under regulation B1 of the 1987 Regulations or, as the case may be, that officer’s deferred pension under regulation B5 of those Regulations, elect to relinquish that officer’s entitlement to the ordinary or deferred pension and to reckon as pensionable service for the purposes of these Regulations the pensionable service the officer was entitled to reckon under the 1987 Regulations at the time of that officer’s retirement with an entitlement to the ordinary or deferred pension.

5.  An election under paragraph 4 shall be made by the officer concerned in the form of a transfer election in accordance with the provisions of Schedule 3.

6.  An officer to whom paragraph 1 applies may elect to pay to the police authority of the force in which the officer is then serving a sum equal to the amount of that officer’s award by way of repayment of that officer’s aggregate pension contributions under regulation B6 of the 1987 Regulations and to reckon as pensionable service for the purposes of these Regulations the pensionable service the officer was entitled to reckon under the 1987 Regulations at the time of that officer’s retirement with an entitlement to the award.

7.  An election under paragraph 6 shall be made by the officer concerned in the form of a transfer election in accordance with the provisions of Schedule 3.

8.  Subject to the following provisions of this Schedule, where a regular police officer to whom these Regulations apply by virtue of regulation 6(2) pays pension contributions under regulation 7(1), that officer shall be eligible for awards to be payable to or in respect of that officer under these Regulations.

9.  The pensionable service reckonable by an officer–

(a) to whom paragraph 1 applies and who has made an election in accordance with paragraphs 6 and 7;

(b) to whom paragraph 2 applies;

(c) to whom paragraph 3 applies and who has made an election in accordance with paragraphs 4 and 5; or

(d) such as is mentioned in regulation 6(3), who cancels that officer’s election in the circumstances mentioned in regulation 6(4) but does not make a transfer election under regulation 6(8),

shall be determined in accordance with regulations 10 to 16, except that regulation 16 shall have effect as if–

(e) there were inserted in paragraph (1) after “35 years”,

“less the total pensionable service the officer was entitled to reckon under the 1987 Regulations, calculated in accordance with paragraphs (3) and (4), at the time–

(i) of that officer’s retirement with an entitlement to–

(aa) an ordinary pension under regulation B1; or, as the case may be,

(bb) a short service award under regulation B2;

(cc) a deferred pension under regulation B5; or

(dd) an award by way of repayment of aggregate pension contributions under regulation B6,

of the 1987 Regulations; or

(ii) in a case falling within paragraph 9(d) of Schedule 2, when the officer cancelled that officer’s election in the circumstances mentioned in regulation 6(4)”; and

(f) there were added, at the end, the following paragraphs–

“(3) For the purposes of paragraph (1), the total pensionable service which a regular police officer was entitled to reckon at the time mentioned in paragraph (1)(a)(i), (ii), (iii) or (iv) or (b), as the case may be, shall be calculated by the police authority as the sum of–

(a) the pensionable service the officer was entitled to reckon under Part F of the 1987 Regulations at the time multiplied by the appropriate conversion factor–

(i) where the officer has not yet attained the age of 55 years, applicable to that officer’s age next birthday at the notional commencement of pension contributions under the 1987 Regulations; or

(ii) where the officer has attained the age of 55 years, applicable to the number of years' qualifying service as a regular police officer that officer had completed as at the time of that officer’s retirement mentioned in paragraph (1)(a), (b), (c) or (d), as the case may be,

given in the following table–

TABLE OF CONVERSION FACTORS

If under age 55	If aged 55 or above	Periods with full spouse benefit	For female officers, periods with no spouse benefit
Age next birthday at the notional commencement of pension contributions under 1987 Regulations	Number of years' qualifying service completed at date of retirement mentioned in paragraph (1)
25 and below	30	7/6ths	113%
26	29	115%	111%
27	28	113%	109%
28	27	111%	107%
29	26	108%	104%
30	25	105%	104%
31	24	102%	98%
32	23	99%	95%
33	22	96%	92%
34	21	92%	88%
35 and above	20 or fewer	88%	84%

and

(b) in the case of a regular police officer such as is mentioned in paragraph 9(c) of Schedule 2 who had elected to purchase increased benefits in accordance with the Police Pensions (Purchase of Increased Benefits) Regulations 1987(18), such additional 60ths as the officer was entitled to reckon under regulation 8(2) of the Police Pensions (Purchase of Increased Benefits) Regulations 1987 immediately before that officer’s retirement, multiplied by the conversion factor of 88%.

(4) For the purposes of paragraph (3)–

(a) “age next birthday at the notional commencement of pension contributions under the 1987 Regulations”, in relation to a regular police officer, means the age the officer would attain on the birthday following the date on which that officer would have attained an exact age determined by subtracting the length of that officer’s qualifying service under the 1987 Regulations from that officer’s exact age on the date when that officer commenced paying contributions under these Regulations; where

(b) “qualifying service” and “qualifying service under the 1987 Regulations” mean the period in years the officer was entitled to reckon as pensionable service under the 1987 Regulations, except that where some or all of the service the officer was so entitled to reckon was part-time service it means the period in years that officer would have been entitled to reckon as pensionable service if in any period of part-time service that officer had served full-time.”.

10.  In the case of a regular police officer to whom paragraph 1 applies and who has made an election in accordance with paragraphs 6 and 7 or to whom paragraph 3 applies and who has made an election in accordance with paragraphs 4 and 5–

(a) the pensionable service the officer is entitled to reckon, in accordance with regulations 10 to 16, shall include the pensionable service the officer was entitled to reckon under the 1987 Regulations at the time of that officer’s retirement with an entitlement to an award by way of repayment of aggregate pension contributions under regulation B6 of those Regulations, an ordinary pension under regulation B1 of those Regulations or, as the case may be, a deferred pension under regulation B5 of those Regulations; and

(b) for the purposes of sub-paragraph (a), the pensionable service the officer was so entitled to reckon shall be such as is calculated by the police authority in accordance with the provisions of Schedule 3.

11.  In the case of a regular police officer to whom paragraph 1 or 3 applies, for the purposes of regulation 24 (final pensionable pay), paragraph (1)(b) and (c) of that regulation shall not have effect unless the periods of 12 months mentioned in that paragraph began on or after the date when pension contributions were first paid by that officer under regulation 7(1).

12.  A regular police officer to whom these Regulations apply by virtue of regulation 6(2) and who has begun to pay contributions under regulation 7(1) may no longer pay pension contributions under the 1987 Regulations.

13.  In the case of–

(a) an officer to whom regulation 6(2)(a)(v) applies, who is in receipt of an ill-health pension under regulation B3 of the 1987 Regulations; or

(b) an officer to whom regulation 6(2)(a)(v) applies who is in receipt of a deferred pension under regulation B5 of the 1987 Regulations,

and who, in either case, has on or after 6th April 2006 rejoined that officer’s force or joined another force (otherwise than in the circumstances set out in regulation 6(2)(c)(i), (ii) or (iii)), regulation 51 shall apply in relation to that officer’s ill-health pension as if it were a standard ill health pension under regulation 29 or in relation to that officer’s deferred pension as if it were a deferred pension which came into payment early on the ground of permanent disablement for engaging in any regular employment under regulation 32 (as the case may be); and if a portion of that officer’s pension was commuted for a lump sum under regulation B7 of the 1987 Regulations, the proviso to regulation 28(1)(b) and regulation 28(2) shall have effect as if references to the previous lump-sum payment (in the proviso to regulation 28(1)(b)) and to the most recent lump sum payment (in regulation 28(2)) included references to the lump sum paid by way of commutation.

14.  References in the foregoing paragraphs to retirement with an entitlement to an award under the 1987 Regulations shall be construed as including a reference to ceasing to serve, otherwise than upon retirement, with such an entitlement.

Regulation 6(8)

SCHEDULE 3 TRANSFER ELECTIONS UNDER REGULATION 6(8)

1.  Where a regular police officer wishes to make a transfer election in accordance with regulation 6(8) the officer shall do so by giving written notice to the police authority–

(a) in the case of an officer to whom these Regulations apply by virtue of regulation 6(2)(a)(iv) or (v), or to whom regulation 6(6) or (7) applies, or is such as is mentioned in regulation 6(8)(c), within such period of 3 months beginning no later than 1st January 2007 as the Scottish Ministers may determine, or such longer period as the police authority may, by reason of exceptional circumstances in that officer’s case, in their discretion allow; or

(b) in the case of an officer–

(i) to whom these Regulations apply by virtue of regulation 6(2)(ii);

(ii) to whom these regulations apply by virtue of regulation 6(2)(a)(iv) or (v) and who rejoined that officer’s force or joined another force on a date after that on which the period of 3 months mentioned in sub-paragraph (a) commenced;

(iii) who for the purposes of regulation 6(6)(b) is treated as continuing to serve notwithstanding that officer’s dismissal or requirement to resign and whose reinstatement following a successful appeal occurs on a date after that on which the period of 3 months mentioned in sub-paragraph (a) commenced; or

(iv) who is such as is mentioned in regulation 6(8)(c) and who rejoined that officer’s force on a date after that on which the period of months mentioned in sub-paragraph (a) commenced,

within the period of 3 months beginning on the date on which the officer first so rejoined that officer’s force or joined another force or, as the case may be, was reinstated (or such longer period as the police authority may, by reason of exceptional circumstances in that officer’s case, in their discretion allow).

2.  A transfer election made in accordance with regulation 6(8) within the period of 3 months mentioned in paragraph 1(a) (or such longer period as the police authority may allow in accordance with paragraph 1(a)) shall, in the case of an officer to whom regulation 6(6) applies, take effect as from 6th April 2006; but in the case of–

(a) such a transfer made by any other officer to whom paragraph 1(a) applies; or

(b) an officer such as is mentioned in paragraph 1(b),

the transfer election shall take immediate effect unless–

(c) in a case falling within paragraph 1(a), regulation 6(7) applies to the officer and the officer has made a transfer election before the cancellation of the election to stop paying contributions has come into effect, in which case the transfer election takes effect at the same time as the cancellation; or

(d) in a case falling within paragraph 1(a) or (b), regulation 6(2)(a)(ii) applies to the officer, in which case the transfer election takes effect in accordance with paragraph 9.

3.  A regular police officer who makes such a transfer election shall, no later than the last day of the period of 3 months mentioned in paragraph 1(a) or (b), as the case may be (or such longer period as the police authority may allow in accordance with paragraph 1), pay all pension contributions then payable by that officer under the 1987 Regulations, including any payment the officer has undertaken to make under regulation F4 or F5 (previous service reckonable on payment) of those Regulations, and all periodical contributions then payable by that officer under the Police Pensions (Purchase of Increased Benefits) Regulations 1987.

4.  As from the date on which a regular police officer’s transfer election takes effect, the officer may no longer pay pension contributions under the 1987 Regulations.

5.  As from the date on which such a transfer election takes effect, the total pensionable service the regular police officer concerned was entitled to reckon under the 1987 Regulations immediately before the said date, calculated in accordance with paragraphs 6, 7 and 9, shall be reckonable as pensionable service for the purposes of these Regulations.

6.  For the purposes of paragraph 5, the total pensionable service which a regular police officer was entitled to reckon immediately before that date shall be calculated by the police authority as the sum of–

(a) the pensionable service the officer was entitled to reckon under Part F of the 1987 Regulations at that time, multiplied by the appropriate conversion factor–

(i) where the officer has not yet attained the age of 55 years, applicable to that officer’s age next birthday at the notional commencement of pension contributions under the 1987 Regulations; or

(ii) where the officer has attained the age of 55 years, applicable to the number of years' qualifying service as a regular police officer the officer has completed as at the date on which that officer’s transfer election takes effect,

given in the following table–

TABLE OF CONVERSION FACTORS

If under age 55	If aged 55 or above	Periods with full spouse benefit	For female officers, periods with no spouse benefit
Age next birthday at the notional commencement of pension contributions under 1987 Regulations	Number of years' qualifying service completed immediately before the date on which the transfer election takes effect
25 and below	30	7/6ths	113%
26	29	115%	111%
27	28	113%	109%
28	27	111%	107%
29	26	108%	104%
30	25	105%	101%
31	24	102%	98%
32	23	99%	95%
33	22	96%	92%
34	21	92%	88%
35 and above	20 or fewer	88%	84%

and

(b) in the case of a regular police officer who had elected to purchase increased benefits in accordance with the Police Pensions (Purchase of Increased Benefits) Regulations 1987(19), such additional 60ths as that officer would have been entitled to reckon under regulation 8(2) of the Police Pensions (Purchase of Increased Benefits) Regulations 1987 if, immediately before the date on which that officer’s transfer election takes effect, that officer had made an election under regulation G4 of the 1987 Regulations, multiplied by the conversion factor of 88%:

Provided that–

(a) where a regular police officer has not paid the full amount due in accordance with paragraph 3 before the expiry of the period mentioned in that paragraph, the pensionable service the officer was entitled to reckon under the 1987 Regulations in respect of the period of service to which the contributions in question relate shall be the same proportion of that period of service as the amount which has been so paid bears to the total amount due; except that where the person concerned dies before the expiry of that period there shall be reckonable the full period of that officer’s pensionable service to which the amount due relates notwithstanding that the amount due has, in full or in part, not been paid in accordance with paragraph 3;

(b) in the case of a pension debit member, that officer’s pension debit under the 1987 Regulations shall be multiplied by the conversion factor of 105% and shall be treated as a pension debit under regulation 36; and

(c) for the purposes of these Regulations, the total pensionable service the officer was entitled to reckon under the 1987 Regulations shall not exceed 35 years.

7.  In paragraph 6–

“age next birthday at the notional commencement of pension contributions under the 1987 Regulations”, in relation to a regular police officer, means the age that officer would attain on the birthday following the date on which that officer would have attained an exact age determined by subtracting the length of that officer’s qualifying service under the 1987 Regulations from that officer’s exact age on the date when that officer commenced paying contributions under these Regulations, where–

“qualifying service” and “qualifying service under the 1987 Regulations” mean the period in years the officer was entitled to reckon as pensionable service under the 1987 Regulations, except that where some or all of the service the officer was so entitled to reckon was part-time service it means the period in years that officer would have been entitled to reckon as pensionable service if in any period of part-time service that officer had served full-time.

8.—(1) A regular police officer to whom–

(a) regulation 6(2)(a)(iv) or (v), (6), (7) or (8) (c) applies and who does not make a transfer election within the period mentioned in paragraph 1(a) or (b), as the case may be; or

(b) regulation 6(5) applies; and

(c) who, in either case, is entitled to a deferred pension under regulation B5 of the 1987 Regulations, and who does not make a transfer election within the period mentioned in paragraph 1(a) or (b), as the case may be,

may make a transfer election by giving written notice to the police authority at any time before that officer’s retirement.

(2) In such a case, the pensionable service the officer was entitled to reckon under the 1987 Regulations which is to be reckoned as pensionable service for the purposes of these Regulations shall be calculated and credited by the police authority in accordance with tables and guidance issued for the purpose by the Scheme actuary, as if a transfer value had been received under regulation 15(1).

9.  In the case of a regular police officer who, after making a transfer election in accordance with paragraph 1(b), makes an appropriate payment in accordance with regulation 13(1) in respect of a period of service as a regular police officer which ceased before the date on which that transfer election took effect, the officer shall be entitled to reckon as pensionable service for the purposes of these Regulations a period calculated by the police authority by multiplying the period of pensionable service to which the appropriate payment relates by the appropriate conversion factor applicable to that officer’s age next birthday at the notional commencement of pension contributions under the 1987 Regulations, given in the table set out in paragraph 6.

10.  In the case of a regular police officer whose transfer election has taken effect, regulation 26 (aggregate pension contributions for the purposes of repayment) shall have effect as if, in paragraph (2), for “the officer became a regular police officer” to “taken to have begun”, there were substituted “on which a transfer election made by that officer in accordance with the provisions of Schedule 3 took effect”.

11.  In the case of a regular police officer who had allocated a portion of any pension to which that officer might become entitled in accordance with regulation B9 of the 1987 Regulations, such allocation shall have no further effect as from the date on which that officer’s transfer election takes effect.

12.  As from the date on which a transfer election made by a regular police officer takes effect, entitlement to awards to or in respect of that officer under the 1987 Regulations shall cease, except for entitlement to pension credit benefits.

13.  In relation to a regular police officer who makes a transfer election, regulation 58 (lump sum payments) shall have effect as if, for “the officer last began to serve as such” in paragraph (1), there were substituted “the officer made their transfer election under regulation 6(8)”.

14.  A regular police officer by whom pension contributions are payable under regulation G2(1) of the 1987 Regulations may make a provisional declaration for the purposes of regulation 40(2) which shall be–

(a) submitted to the police authority of the force in which the officer is serving, no later than–

(i) the expiry of the last day of the period of 3 months mentioned in paragraph 1(a) (or of such longer period as the police authority may allow in accordance with that paragraph); or

(ii) the day immediately before that on which the officer makes their transfer election,

whichever shall first occur; and

(b) be in the form specified in regulation 40(2).

15.  A provisional declaration made in accordance with paragraph 14 shall, as from the date on which the transfer election in question takes effect, take effect as if it had been made on that date pursuant to regulation 40(2):

Provided that if a regular police officer who has made a provisional declaration in accordance with paragraph 14 does not make a transfer election within the period of 3 months mentioned in paragraph 1(a) (or such longer period as the police authority may allow under paragraph 1) the provisional declaration shall cease to have effect as from the end of that period.

16.  In the case of a regular police officer–

(a) to whom these Regulations apply by virtue of regulation 6(2)(a)(v); or

(b) to whom regulation 6(8)(c) applies,

and whose transfer election has taken effect, if a portion of that officer’s ill-health pension or deferred pension was commuted for a lump sum under regulation B7 of the 1987 Regulations, the proviso to regulation 28(1)(b) and regulation 28(2) shall have effect as if references to the previous lump sum payment (in the proviso to regulation 28(1)(b)) and to the most recent lump sum payment (in regulation 28(2)) included references to the lump sum paid by way of commutation.

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.

18.—(1) This sub-paragraph applies to a regular police officer who has made a transfer election in accordance with regulation 6(8) and who was ineligible for pension awards payable on the ground of permanent disablement under regulation G7 of the 1987 Regulations.

(2) A regular police officer to whom sub-paragraph (1) applies shall be ineligible for pension awards payable on the ground of permanent disablement in respect of the pensionable service that officer is entitled to reckon for the purposes of these Regulations under paragraphs 5 or 8, as applicable; and that officer shall remain so ineligible in respect of such pensionable service even if that officer subsequently makes an election under regulation 9(1) which is later cancelled under regulation 9(5) or that officer retires or otherwise ceases to serve and subsequently rejoins that officer’s force or joins another force.

(3) Subject to paragraph 17, a regular police officer to whom sub-paragraph (1) applies shall also be ineligible for pension awards payable on the ground of permanent disablement for the purposes of these Regulations, as if that officer were so ineligible under regulation 8(5).

Regulation 51(11)

SCHEDULE 4 PROGRESSIVE MEDICAL CONDITIONS

The progressive medical conditions mentioned in regulation 51(11) are–

• AIDS;

• Alzheimer’s disease;

• Cancer;

• Creutzfeld-Jacob disease;

• Huntington’s chorea;

• Motor neurone disease;

• Multiple sclerosis;

• Nieman Pick disease;

• Non-variant Creutzfeld-Jacob disease;

• Parkinson’s disease; and

• Variant Creutzfeld-Jacob disease.

Regulation 98

SCHEDULE 5 AMENDMENT OF THE POLICE (INJURY BENEFIT) (SCOTLAND) REGULATIONS 2007

1.  The Police (Injury Benefit) (Scotland) Regulations 2007(20) are amended in accordance with this Schedule.

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.”.

3.  For regulation 12(3) (disablement gratuity), substitute the following–

“(3) For the purposes of paragraph (2)(b) the amount of aggregate pension contributions in respect of the relevant period of service shall be calculated–

(a) in the case of a person by whom, immediately before their last day of service as a member of a police force, pension contributions were payable under regulation G2(1) of the 1987 Regulations or would have been so payable but for an election under regulation G4(1) of the 1987 Regulations in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation A10 of those Regulations;

(b) in the case of a person by whom, immediately before their last day of service as a member of a police force, pension contributions were payable under regulation 7 of the 2007 Regulations or would have been so payable but for an election under regulation 9 of the 2007 Regulations, in the same way as if the award were one payable under those Regulations, calculated in accordance with regulation 26 of those Regulations.”.

4.  In regulation 13(2)(b)(ii) (adult survivor’s special award) after “the 1987 Regulations” insert “or, as the case may be, regulation 29 of the 2007 Regulations”.

5.  In regulation 21(2) (death gratuity) after “the 1987 Regulations” insert “or, as the case may be, under regulations 71, 72 or 73 of the 2007 Regulations”.

6.  In regulation 22 (abatement of certain gratuities in respect of gratuities otherwise payable)–

(a) in paragraph (1) after “the 1987 Regulations” insert “or, as the case may be, regulation 44 or 45 of the 2007 Regulations”;

(b) in paragraph (2)(a)(i) after “the 1987 Regulations” insert “or, as the case may be, regulation 44 or 45 of the 2007 Regulations”;

(c) in paragraph (2)(a)(ii) after “the 1987 Regulations” insert “or, as the case may be, regulation 46 of the 2007 Regulations”;

(d) in paragraph (2)(b)(ii)(C) after “the 1987 Regulations” insert “or, as the case may be, regulation 29 of the 2007 Regulations”; and

(e) in paragraph (2)(c) after “the 1987 Regulations” insert “or, as the case may be, regulation 44 of the 2007 Regulations”.

7.  In regulation 24(6) (gratuity in lieu of adult survivor’s special pension) after “the 1987 Regulations” insert “or the 2007 Regulations”.

8.  In regulation 26 (limitation on discretion to grant a gratuity in lieu of an adult survivor’s special pension or a child’s special allowance)–

(a) in paragraph (1) after “the 1987 Regulations” insert “or the 2007 Regulations”;

(b) in paragraph (2) after “the 1987 Regulations” insert “or regulation 38 of the 2007 Regulations”; and

(c) in paragraph (2) after “regulation B7 ”, where it occurs for the second time, insert “or regulation 38”.

9.  In regulation 27 (prevention of duplication)–

(a) in paragraph (1)(a) after “the 1987 Regulations” insert “or an adult survivor’s pension under regulation 41 of the 2007 Regulations”; and

(b) in paragraph (1)(b) after “the 1987 Regulations” insert “or a child survivor’s pension under regulation 42 of the 2007 Regulations”.

10.  In regulation 28 (increase of adult survivor’s special pension or child’s special allowance during first 13 weeks)–

(a) in paragraph (1)(b) after “Part B of the 1987 Regulations” insert “or Part 4 of the 2007 Regulations”;

(b) in paragraph (2) after “the 1987 Regulations” insert “or regulation 42 of the 2007 Regulations”; and

(c) in paragraph (4)(ii) after “the 1987 Regulations” insert “or, as the case may be, Part 4 of the 2007 Regulations”.

11.  In regulation 30(2) (reference of medical questions)–

(a) after “regulation H1(2) of the 1987 Regulations” insert “or regulation 69 of the 2007 Regulations”; and

(b) after “Part H of the 1987 Regulations” insert “or, as the case may be, Part 7 of the 2007 Regulations”.

12.  In regulation 37 (reassessment of injury pension)–

(a) in paragraph (2) after “the 1987 Regulations” insert “or the 2007 Regulations”;

(b) in paragraph (3) after “the 1987 Regulations” insert “or regulation 51(5) or (6) of the 2007 Regulations”; and

(c) in paragraph (4) after “the 1987 Regulations” insert “or regulation 51(8)(d) of the 2007 Regulations”.

13.  In regulation 40 (forfeiture) after paragraph (4) insert the following paragraph–

“(4A) the police authority may, to such extent as they at any time in their discretion think fit–

(a) apply for the benefit of any adult or child survivor of the grantee of the pension; or

(b) restore to the grantee of the pension, any amount or amounts of any pension,

that has or have been forfeited under this regulation.”.

14.  In Schedule 1 (glossary of expressions), after the definition of “the 1987 Regulations” insert–

““the 2007 Regulations” means the Police Pensions (Scotland) Regulations 2007;”.

15.  In Schedule 3 (police officer’s injury award)–

(a) in paragraph 5 after “the 1987 Regulations” insert “or regulation 9(1) of the 2007 Regulations”;

(b) in paragraph 6(1) after “the 1987 Regulations” insert “or, as the case may be, Part 4 of the 2007 Regulations”;

(c) in paragraph 6(2)(b) after “the 1987 Regulations” insert “or, as the case may be, regulations 38 of the 2007 Regulations”; and

(d) in paragraph 6(3) after “the 1987 Regulations” insert “or, as the case may be, regulation 9(1) of the 2007 Regulations”.

(1)

S.I. 1987/257; relevant amendments were made by S.I. 1988/1339, 1989/733, 1990/805, 1992/343 and 2349, 1994/641, 1996/867 and 1997/2852 and S.S.I. 2001/459, 2003/406, 2004/486, 2005/200 and 495 and 2006/285.

(2)

1993 c. 48.

(3)

1996 c. 16.

(4)

1999 c. 30.

(5)

1967 c. 77.

(6)

S.S.I. 2004/257.

(7)

S.S.I. 2004/257.

(8)

Section 101B was inserted by section 37 of the 1999 Act.

(9)

1995 c. 26.

(10)

S.I. 1999/3147 (N.I. 11).

(11)

2004 c. 33.

(12)

1971 c. 56.

(13)

1974 c. 9.

(14)

1976 c. 35; section 11(2) was amended by the Police and Magistrates' Courts Act 1994 (c. 29), Schedule 5, Part 2, paragraph 20(3), the 1996 Act, Schedule 7, paragraph 33, the Police Act 1997 (c. 50), Schedule 9, paragraph 33(2)(b) and 33(2)(c), the Criminal Justice and Police Act 2001 (c. 16), section 126(3) and Schedule 4, paragraph 6 and the Police Reform Act 2002 (c. 30), Schedule 7, paragraph 7(1) and (2).

(15)

Subsection (1) of section 1 was so numbered by the Pensions Act 2004 (c. 35), section 293(1) and (2) and the definition of “public service pension scheme” was amended by S.I. 1999/1820, article 4, Schedule 2, Part 1, paragraph 113(a) and (b).

(16)

Section 38A was amended by the Police Act 1997 (c. 50), Schedule 9, paragraph 86(2), the International Development Act 2002 (c. 1), Schedule 3, paragraph 11 and Schedule 4, the Proceeds of Crime Act 2002 (c. 29), Schedule 11, paragraphs 1(3) and the Police Reform Act 2002 (c. 30), Schedule 7, paragraph 1(1).

(17)

1992 c. 4.

(18)

S.I. 1987/2215; relevant amendments were made by S.I. 2002/3202, 2004/2354 and 2005/1439.

(19)

S.I. 1987/2215; relevant amendments were made by S.I. 1990/805, 2002/3202, 2004/2354 and 2005/1439.

(20)

S.S.I. 2007/68.