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The Police Pensions (Amendment) (Scotland) Regulations 2011

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15.—(1) Paragraph 9 of Schedule 2 (application of regulations to officers to whom regulation 6(2) and (3) applies) is amended as follows.

(2) For sub-paragraph (e), substitute—

(e)there were inserted in paragraph (1) after the words “35 years” the words—

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

(3) After sub-paragraph (e) insert—

(ea)there were added after paragraph (1) the following paragraph—

(1A) For the purposes of this regulation, the “applicable time” shall be determined in accordance with paragraphs (1B) and (1C).

(1B) In a case falling within paragraph 9(a) to (c) of Schedule 2—

(a)subject to sub-paragraph (ii), the applicable time is the time of his retirement with an entitlement to—

(i)an ordinary pension under regulation B1;

(ii)a short service award under regulation B2;

(iii)an ill-health pension under regulation B3;

(iv)a deferred pension under regulation B5; or

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

of the 1987 Regulations;

(b)where he has retired with an entitlement mentioned in sub-paragraph (i) and before retiring he had made an election under regulation G4(1) of the 1987 Regulations (election not to pay pension contributions) which had not been cancelled before retiring, the applicable time is the time when he made that election.

(1C) In a case falling within paragraph 9(d) of Schedule 2, the applicable time is the time when he made his election under regulation G4(1) of the 1987 Regulations.

(4) In sub-paragraph (f)—

(a)for “the time mentioned in paragraph (1)(a)(i), (ii), (iii) or (iv) or (b), as the case may be,” substitute “the applicable time”; and

(b)for “at the time of his retirement mentioned in paragraph (1)(a), (b), (c) or (d), as the case may be” substitute “at the applicable time”; and

(c)for “date of retirement mentioned in paragraph (1)” insert “the applicable time”.

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