The Police Pensions (Scotland) Amendment Regulations 2022

Scottish Statutory Instruments

2022 No. 101

Public Service Pensions

The Police Pensions (Scotland) Amendment Regulations 2022

Made

at 8.45 a.m. on 17th March 2022

Laid before the Scottish Parliament

at 4.15 p.m. on 17th March 2022

Coming into force

1st April 2022

The Scottish Ministers make these Regulations in exercise of the powers conferred by sections 1(1), 1(2)(g), 2(1), and 3(1) and paragraph 7(b) of schedule 2 of the Public Service Pensions Act 2013(1) (“the 2013 Act”) and all other powers enabling them to do so.

In accordance with section 21(1) of the 2013 Act(2), the Scottish Ministers consulted the representatives of such persons as appeared to the Scottish Ministers likely to be affected by these Regulations.

Citation and commencement

1.—(1) These Regulations may be cited as the Police Pensions (Scotland) Amendment Regulations 2022.

(2) These Regulations come into force on 1 April 2022.

Amendment of the Police Pension Scheme (Scotland) Regulations 2015

2.—(1) Schedule 4 to the Police Pension Scheme (Scotland) Regulations 2015(3) is amended as follows.

(2) In paragraph 1 (interpretation)—

(a) in the definition of “closing date”, before sub-paragraph (a) insert—

“(za) if the member is a full protection member of the existing police pension scheme, 31 March 2022;”;

(b) in the definition of “transition date”, before sub-paragraph (a) insert—

“(za) if the member is a full protection member of the existing police pension scheme, 1 April 2022;”.

(3) For sub-paragraph (2) of paragraph 9 (meaning of “full protection member” (the 1987 scheme)) substitute—

“(2) P ceases to be a full protection member of the 1987 scheme on whichever of the following days occurs first—

(a) the day on which P ceases to be in pensionable service under that scheme; or

(b) 31 March 2022.”.

(4) For sub-paragraph (2) of paragraph 12 (meaning of “full protection member” (the 2006 scheme)) substitute—

“(2) P ceases to be a full protection member of the 2006 scheme on whichever of the following days occurs first—

(a) the day on which P ceases to be in pensionable service under that scheme; or

(b) 31 March 2022.”.

(5) In sub-paragraph (2) of paragraph 35 (pensionable service under the existing police pension scheme), after “closing date” insert “, but not after 31st March 2022,”.

TOM ARTHUR

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

At 8.45 a.m. on 17th March 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Police Pension Scheme (Scotland) Regulations 2015 (No. 142) (“the 2015 Regulations”) in consequence of provision made by the Public Service Pensions and Judicial Offices Act 2022 (c. 7). The amendments ensure that the existing pension schemes established by the Police Pensions Regulations 1987 (No. 257) and the Police Pensions (Scotland) Regulations 2007 (No. 201) will, except for limited purposes, be closed to the accrual of pension benefits on and after 1 April 2022 and that any members treated as being in pensionable service under the existing pension schemes will, on that date, begin accruing benefits in the scheme established by the 2015 Regulations.

(1)

2013 c. 25. Section 3 was amended by section 94(2) to (6) of the Public Service Pensions and Judicial Offices Act 2022 (c. 7).

(2)

Section 21 was amended by section 94(8) of the Public Service Pensions and Judicial Offices Act 2022.

(3)

S.S.I. 2015/142. There are no relevant amendments to Schedule 4.