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The Police Pension Scheme (Scotland) Regulations 2015

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Cancellation of lower tier ill-health pension if medical unfitness ceases

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101.—(1) This regulation applies if—

(a)the employer carries out a review under regulation 100; and

(b)the selected medical practitioner gives a report on the questions referred under regulation 107(2) containing the decision that P has ceased to be medically unfit for performing the ordinary duties of a member of the police force.

(2) The employer may give P notice that P may rejoin the police force—

(a)within the period of 3 months beginning with the date on which P is given the notice; and

(b)at a rank not lower than the rank which P held immediately before the ill-health pension became payable.

(3) The lower tier ill-health pension ceases to be payable to P on the earlier of—

(a)the last day of the 3 month period; or

(b)the day on which P rejoins the police force.

(4) Paragraph (5) applies if—

(a)a lower tier ill-health pension ceases to be payable under paragraph (3)(a); but

(b)P is not entitled to receive payment of a full retirement pension under Chapter 2 (full retirement benefits) because P has less than 2 years qualifying service.

(5) The employer must pay the difference to P if the aggregate of the following is less than P’s aggregate pension contributions in respect of the relevant period of service—

(a)the sums paid in respect of the pension; and

(b)the actuarial value, determined by the scheme manager in accordance with actuarial tables, of any pension to which P is entitled under regulation 195 (guaranteed minimum under section 14 of PSA 1993).

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