2010 No. 320

Pensions

The Police Pensions (Additional Voluntary Contributions) Amendment (Scotland) Regulations 2010

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1 and 7 of the Police Pensions Act 19761 and all other powers enabling them to do so.

In accordance with section 1(1) of that Act, the Scottish Ministers have consulted with the Police Negotiating Board for the United Kingdom2.

Citation, commencement and extent1

1

These Regulations may be cited as the Police Pensions (Additional Voluntary Contributions) Amendment (Scotland) Regulations 2010 and come into force on 1st October 2010.

2

These Regulations extend to Scotland only.

Amendments to the Police Pensions (Additional Voluntary Contributions) Regulations 19912

1

The Police Pensions (Additional Voluntary Contributions) Regulations 19913 are amended as follows.

2

After regulation 3(2) (making and acceptance of elections) insert—

2A

No election under regulation 4(1) (election to pay basic contributions) or 5(1) (elections in respect of death benefit cover) made on or after 1st October 2010 is to be accepted.

2B

 No election under regulation 6(1)(a) (election to alter amount of basic contributions) or regulation 6(2)(a) or 6(3) (elections to alter amount to be secured by death benefit contributions) made on or after 1st October 2010 is to be accepted if it would have the effect of increasing the amount of the basic contributions or the amount to be secured by the death benefit contributions, as the case may be.

3

In regulation 4(1) (election to pay basic contributions) after “at any time” insert “before 1st October 2010”.

4

In regulation 5(1) (elections in respect of death benefit cover) after “at any time” insert “before 1st October 2010”.

5

In regulation 6 (variation and cancellation of elections)—

a

at the start of each of paragraphs (1), (2) and (3) insert “Subject to paragraph (4),”; and

b

after paragraph (3) insert—

4

An election may not be made under any of the preceding paragraphs of this regulation on or after 1st October 2010 if it would have the effect of increasing the amount of the basic contributions or the amount to be secured by the death benefit contributions, as the case may be.

6

At the start of regulation 10(1) (inward transfers) insert “At any time before 1st October 2010,”.

Amendment to the Police Pensions Regulations 19873

In regulation E8(2B)(a) (increase of widow’s pension or child’s allowance during first 13 weeks) of the Police Pensions Regulations 19874 for “paragraph 4 of Part V of that Schedule (member’s injury award)” substitute “paragraph 7 of Schedule 3 to the Injury Benefit Regulations (police officer’s injury award)”.

JOHN SWINNEYA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Police Pensions (Additional Voluntary Contributions) Regulations 1991 (“the 1991 Regulations”) and the Police Pensions Regulations 1987 (“the 1987 Regulations”) with regard to Scotland.

Regulation 2 amends the 1991 Regulations so as to close the police additional voluntary contribution scheme to new business (including increases in contributions and transfers into the scheme) with effect from 1st October 2010.

Regulation 3 amends the 1987 Regulations so as to correct an erroneous reference.