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The Police Pension Scheme (Scotland) Regulations 2015

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Transition member who has not reached normal pension age under the existing police pension scheme

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23.—(1) This paragraph applies in relation to a transition member with continuity of service who—

(a)becomes entitled under Chapter 3 of Part 7 to payment for life of an ill-health pension; and

(b)has not reached normal pension age under the existing police pension scheme.

(2) If this paragraph applies—

(a)an ill-health pension is not payable under the existing police pension scheme;

(b)if the member is a 2006 transition member, a lump sum is not payable under regulation 28(1)(b) of the 2007 Regulations; and

(c)a pension is payable under this scheme in accordance with this paragraph (“transition member’s ill-health pension”).

(3) If the member meets the lower tier threshold only—

(a)the annual rate of transition member’s ill-health pension is the sum of—

(i)the annual rate of a lower tier ill-health pension payable under Chapter 3 of Part 7; and

(ii)the amount of pension mentioned in sub-paragraph (5); and

(b)if the member is a 2006 transition member, the member is entitled to payment of a lump sum equivalent to the amount of lump sum that would have been payable to the member under regulation 28(1)(b) of the 2007 Regulations if the member had been entitled to the payment of an ill-health pension under the 2006 scheme.

(4) If the member meets the upper tier threshold—

(a)the annual rate of transition member’s ill-health pension is the sum of—

(i)the annual rate of a lower tier ill-health pension payable under Chapter 3 of Part 7;

(ii)the annual rate of an enhanced upper tier ill-health pension payable under Chapter 3 of Part 7; and

(iii)the amount of pension mentioned in sub-paragraph (5); and

(b)if the member is a 2006 transition member, the member is entitled to payment of a lump sum equivalent to the amount of lump sum that would have been payable to the member under regulation 28(1)(b) of the 2007 Regulations if the member had been entitled to the payment of an ill-health pension under the 2006 scheme.

(5) The amount is—

(a)for a 2006 transition member, the annual rate of ill-health pension that would have been payable under the 2006 scheme if the member was entitled to payment of an ill-health pension under that scheme; or

(b)for a 1987 transition member, the better of the following—

(i)the annual rate of ill-health pension that would have been payable under the 1987 scheme on the member’s closing date if P had retired on that date;

(ii)a pension that would have been payable on retirement under regulation B1, B2 or B5 of the 1987 scheme, calculated in accordance with paragraph 39 of this Schedule (calculation of weighted accrual for service in the 1987 scheme).

(6) If, after a transition member’s ill-health pension becomes payable, a transfer payment is made from the existing police pension scheme in respect of the member’s rights under that scheme, the scheme manager must deduct from the amount of pension mentioned in sub-paragraph (5) an amount equal to the value of the pension represented by that transfer payment.

(7) A retirement added pension of any description is payable with the lower tier ill-health pension if the retirement account specifies an amount of retirement added pension of that description.

(8) The proportion of a transition member’s ill-health pension that represents the amount of pension mentioned in sub-paragraph (5) is subject to the same conditions, and ceases to be payable in the same circumstances, as if it were an ill-health pension payable under the existing police pension scheme.

(9) For the purpose of sub-paragraph (8)—

(a)the member’s pensionable service since the closing date is taken to be pensionable service under the existing police pension scheme; and

(b)any member contributions paid under this scheme are taken to be paid under the existing police pension scheme.

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