The Police Pensions (Additional Voluntary Contributions and Increased Benefits) (Pension Sharing) (Scotland) Amendment Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations mainly amend, in relation to police officers in Scotland, the Police Pension Additional Voluntary Contributions Scheme (“the AVC Scheme”), as set out in the Police Pensions (Additional Voluntary Contributions) Regulations 1991 (“the AVC Regulations”). The amendments relate to cases where police officers are divorced, and stem from the pension sharing provisions in the Welfare and Pensions Reform Act 1999 and associated subordinate legislation.

Regulation 2(2) and Schedule 1 insert a new regulation 12A into the AVC Regulations. Regulation 12A provides that pension sharing is available in the AVC Scheme. The pension credit member’s share of his or her former spouse’s contributions will be invested by a police authority in accordance with the pension credit member’s wishes. A pension for life, and one or more dependant’s pensions for life, may be provided from the pension policy purchased under the Regulations. The pension will commence not earlier than the date on which the pension credit member reaches the age of 60. If a person dies after a pension sharing order has been made but before the police authority has discharged its liability in respect of it, then a lump sum equal to the value of that pension credit at the date of his or her death is payable to his or her personal representatives. Paragraphs (8) and (9) of regulation 11 (commutation for serious ill-health or for triviality) apply with modifications.

Regulation 2(3) and Schedule 2, make consequential modifications to the AVC Regulations including adding new definitions to cover pension sharing. Also, regulation 10A is inserted into the AVC Regulations, which provides that a pension credit member may transfer his or her pension credits out of the in-house AVC Scheme.

Regulation 3 amends, also as a consequence of the pension sharing provisions, the Police Pensions (Purchase of Increased Benefits) Regulations 1987, so that a police officer affected by a pension sharing order may not use these regulations to replace those rights debited under the order.