The Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2019

Amendment of the Police (Injury Benefit) (Scotland) Regulations 2007

38.  In schedule 3 (police officer’s injury award)—

(a) omit the word “and” following paragraph 1(a),

(b) in paragraph 1(b), after “police officer” insert “, who is not eligible to be a member of the 2015 scheme other than as a transition member with continuity of service,”,

(c) at the end of paragraph 1(b) insert—

“(c) in the case of a police officer who is eligible to be a member of the 2015 scheme but who is not eligible to be a transition member with continuity of service, any of whose service by virtue of which that officer’s pensionable service is reckonable was part-time, the amount given by multiplying the amount that the gratuity would be if all the service were full-time service by the appropriate proportion,

(d) in sub-paragraph (c), the appropriate proportion is calculated as follows—

(i) Step 1: For each full year of pensionable service, divide the officer’s pensionable pay received by the full-time equivalent pensionable pay,

(ii) Step 2: For any part year of pensionable service, divide the officer’s pensionable pay received by the pensionable pay equivalent to the full-time pensionable pay that an officer would have received for working the same part of the year in question,

(iii) Step 3: Add the sums obtained in Steps 1 and 2,

(iv) Step 4: Divide the total obtained in Step 3 by the number of year of pensionable service involved, and

(e) in sub-paragraph (d)—

(i) the reference to “full-time equivalent pensionable pay” in Steps 1 and 2 is to be read as a reference to “pensionable pay” for any year or part year in which the officer’s pensionable service was full-time, and

(ii) “pensionable service” means a period of pensionable service under the 2015 scheme.”,

(d) in paragraph 3—

(i) omit the word “and” following sub-paragraph (a),

(ii) in sub-paragraph (b), after “police officer” insert “, who is not a member of the 2015 scheme,”,

(iii) after sub-paragraph (b) insert—

“, and

(c) in the case of a police officer who is eligible to be a member of the 2015 scheme but who is not eligible to be a transition member with continuity of service any of whose service by which that officer’s pensionable service is reckonable was part-time, the amount given by multiplying the amount that the officer’s minimum income guarantee would be if all the service were full-time service by the appropriate proportion calculated in accordance with paragraph 1(d) of this schedule.”,

(e) after paragraph 4, insert—

“4A.   In the case of a police officer who is eligible to be a transition member of the 2015 scheme with continuity of service, paragraph 1 and 3 apply to that officer as if all that officer’s service had been in the 1987 scheme, or the 2006 scheme, as the case may be.”,

(f) in paragraph 5(1), for “or regulation 9(1) of the 2007 Regulations” substitute “, regulation 9(1) of the 2007 Regulations or regulation 21 of the 2015 Regulations”,

(g) in paragraph 6(2)—

(i) in sub-paragraph (1), for “or, as the case may be, Part 4 of the 2007 Regulations” in each place it occurs, substitute “, Part 4 of the 2007 Regulations or, as the case may be, Part 7 of the 2015 Regulations”,

(ii) omit the word “or” following sub-paragraph (2)(b),

(iii) after sub-paragraph (2)(b) insert—

“(ba) in accordance with regulation 114 of the 2015 Regulations (option to commute part of pension), or”, and

(iv) in sub-paragraph (3), for “or, as the case may be, regulation 9(1) of the 2007 Regulations” substitute “, regulation 9(1) of the 2007 Regulations or, as the case may be, regulation 21 of the 2015 Regulations”, and

(h) after paragraph (6), insert—

“6A.   In this schedule, references to service in the 2015 scheme as being “reckonable” are to be construed as references to service which would be pensionable service within the meaning of section 37 of the Public Service Pensions Act 2013.”.

(1)

Paragraph 5 was amended by S.S.I. 2007/201.

(2)

Paragraph 6 was amended by S.S.I. 2007/201 and S.S.I. 2009/185.