The Police Pension Scheme (Scotland) Regulations 2015

1. Introductory Text

2. PART 1 Preliminary

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Members of the police service in Northern Ireland

3. PART 2 Establishment of scheme

   1. 4. Establishment of scheme

4. PART 3 Governance

   1. 5. Scheme manager

   2. 6. Scheme manager’s obligation to pass on member’s records

   3. 7. Establishment of pension board

   4. 8. Membership of pension board

   5. 9. Establishment of scheme advisory board

   6. 10. Membership of scheme advisory board

   7. 11. Conflict of interest

5. PART 4 Scheme membership

   1. CHAPTER 1 Active membership

      1. 12. Eligible service

      2. 13. Periods of unpaid leave

      3. 14. Period of permanent service

   2. CHAPTER 2 Automatic enrolment

      1. 15. Application of Chapter

      2. 16. Interpretation of Chapter

      3. 17. Automatic enrolment

      4. 18. Opting in to this scheme

      5. 19. When an opt-in takes effect

      6. 20. Automatic re-enrolment

      7. 21. Opting out of this scheme

      8. 22. Opting out before the end of the initial period of eligible service

      9. 23. Opting out after the initial period of eligible service

   3. CHAPTER 3 Pensionable earnings and assumed pay

      1. 24. Pensionable earnings

      2. 25. Pensionable earnings during a period of assumed pay

   4. CHAPTER 4 Eligibility for payment of ill-health benefits

      1. 26. Interpretation

      2. 27. Determination of eligibility for ill-health benefits

      3. 28. Re-determination of eligibility for payment of ill-health benefits

      4. 29. Reduced rate of member contributions

      5. 30. Selected medical practitioner’s report

      6. 31. Appeal against selected medical practitioner’s report

      7. 32. Revised report by third registered medical practitioner

      8. 33. Refusal to be medically examined

   5. CHAPTER 5 Deferred membership

      1. 34. Meaning of “deferred member”

6. PART 5 Pension accounts

   1. CHAPTER 1 Accrued pension

      1. 35. Descriptions of accrued pension

      2. 36. Calculation of amount of accrued pension for purpose of deferment or retirement

   2. CHAPTER 2 Calculation of adjustments

      1. 37. Calculation of “retirement index adjustment”

      2. 38. Calculation of “retirement PIA index adjustment”

      3. 39. Determination of “the age addition”

      4. 40. Determination of “the assumed age addition”

      5. 41. Actuarial reduction on early payment of pension (early payment reduction)

      6. 42. Late payment supplement

   3. CHAPTER 3 Pension accounts: general

      1. 43. Establishment of pension accounts: general

      2. 44. Closure and adjustment of pension accounts on transfer out

   4. CHAPTER 4 Active member’s account

      1. 45. Application of Chapter

      2. 46. Establishment of active member’s account

      3. 47. Receipt of a transfer value payment

      4. 48. Receipt of a club transfer value payment

      5. 49. Amount of pension for a scheme year

      6. 50. Opening balance, index adjustment, PIA index adjustment and age addition

      7. 51. Closure and re-establishment of active member’s account

      8. 52. Active member’s account to remain open during periods of unpaid leave

      9. 53. Adjustment of active member’s account after period of unpaid family leave or unpaid sick leave

   5. CHAPTER 5 Deferred member’s account

      1. 54. Application of Chapter

      2. 55. Establishment of deferred member’s account

      3. 56. Provisional amount of deferred pension

      4. 57. Adjustment of provisional amount

      5. 58. Closure of deferred member’s account after gap in service not exceeding 5 years

   6. CHAPTER 6 Retirement account

      1. 59. Establishment of retirement account

      2. 60. Amount of retirement earned pension and retirement added pension

      3. 61. Closure of retirement account

   7. CHAPTER 7 Pension accounts for pension credit members

      1. 62. Establishment of pension credit member’s account

      2. 63. Other pension accounts

7. PART 6 Retirement pensions payable on grounds of permanent medical unfitness

   1. CHAPTER 1 General

      1. 64. Medical unfitness

      2. 65. Permanent medical unfitness

      3. 66. Decision of selected medical practitioner

      4. 67. Refusal to be medically examined or attend interviews

      5. 68. A report under this Part

   2. CHAPTER 2 Compulsory ill-health retirement

      1. 69. Application of Chapter

      2. 70. Former member of the police force

      3. 71. Referral of medical questions for purpose of regulation 72

      4. 72. Compulsory retirement on grounds of permanent medical unfitness

      5. 73. Compulsory retirement of member who was required to continue to serve

      6. 74. Compulsory retirement void if appeal successful

   3. CHAPTER 3 Early payment of full retirement pension on grounds of permanent medical unfitness

      1. 75. Application of Chapter

      2. 76. Referral of medical questions for purpose of early payment of a full retirement pension on grounds of permanent medical unfitness

8. PART 7 Retirement benefits

   1. CHAPTER 1 General

      1. 77. Application of Part

      2. 78. Qualifying service

      3. 79. Descriptions of full retirement pension

   2. CHAPTER 2 Full retirement benefits

      1. 80. Entitlement to full retirement pension (active members)

      2. 81. Entitlement to full retirement pension (deferred members)

      3. 82. Claim for payment of full retirement pension (active members)

      4. 83. Notice period for active members

      5. 84. Full retirement pension payable at member’s state pension age (deferred members)

      6. 85. Full retirement pension payable early on grounds of permanent medical unfitness (deferred members)

      7. 86. Claim for early payment of full retirement pension otherwise than on grounds of permanent medical unfitness (deferred members)

      8. 87. Members who have been dismissed or required to resign

      9. 88. Annual rate of full retirement pension (active members)

      10. 89. Annual rate of full retirement pension (deferred members)

      11. 90. Full retirement pension ceasing to be payable

   3. CHAPTER 3 Ill-health pension

      1. 91. Payment thresholds

      2. 92. Entitlement to payment of ill-health pension

      3. 93. Claim for payment of ill-health pension

      4. 94. Annual rate of ill-health pension under this scheme

      5. 95. Deferment of added pension attributable to recent payments

   4. CHAPTER 4 Reduction of ill-health benefits

      1. 96. Referral of medical question for purpose of reduction of benefits

      2. 97. Reduction of pension in case of default

      3. 98. Refusal to be medically examined

      4. 99. Decision of employer void if appeal against decision of selected medical practitioner is successful

   5. CHAPTER 5 Review of ill-health benefits

      1. 100. Review of lower tier ill-health pension

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

      3. 102. Entitlement to enhanced upper tier ill-health pension following claim for payment

      4. 103. Entitlement to enhanced upper tier ill-health pension following periodic review

      5. 104. Review and cancellation of enhanced upper tier ill-health pension

      6. 105. Cancellation of ill-health pension: failure to receive appropriate medical treatment

      7. 106. Review and cancellation of full retirement pension which came into payment early on grounds of permanent medical unfitness

      8. 107. Referral of medical questions for purpose of a review

      9. 108. Refusal to be medically examined

      10. 109. Decision of employer void if appeal against decision of selected medical practitioner is successful

   6. CHAPTER 6 Payment options

      1. 110. Options under this Chapter

      2. 111. Exercising an option under this Chapter

      3. 112. Option to buy out early payment reduction

      4. 113. Option to defer payment of retirement added pension

      5. 114. Option to commute part of pension

9. PART 8 Benefits for pension credit members

   1. 115. Interpretation

   2. 116. Entitlement to pension credit member’s pension

   3. 117. Claim for payment of pension credit member’s pension

   4. 118. Payment of pension credit member’s pension

   5. 119. Annual rate of pension credit member’s pension

   6. 120. Pension credit member’s rights

   7. 121. Option for pension credit member to commute part of pension

   8. 122. Option for pension credit member to commute whole pension (serious ill-health)

10. PART 9 Death benefits

    1. CHAPTER 1 Application of Part

       1. 123. Application of Part

    2. CHAPTER 2 Pensions for surviving adults

       1. 124. Surviving adults

       2. 125. Meaning of “surviving adult partner”

       3. 126. Meaning of “surviving adult’s pension”

       4. 127. Entitlement to surviving adult’s pension

       5. 128. Surviving adult’s pension payable in respect of pension debit member

       6. 129. Annual rate of surviving adult’s pensions payable on death of pensioner member

       7. 130. Annual rate of surviving adult’s pensions payable on death of deferred member

       8. 131. Annual rate of surviving adult’s pensions payable on death of active member

       9. 132. Reduction in pensions in cases of wide age disparity

    3. CHAPTER 3 Pensions for eligible children

       1. 133. Meaning of “eligible child’s pension”

       2. 134. Meaning of “eligible child”

       3. 135. Eligible child’s pension

       4. 136. Annual rate of eligible child’s pension

    4. CHAPTER 4 Payment of pensions for surviving adults and eligible children

       1. 137. Payment of pensions under this Part

       2. 138. Suspension and recovery of pensions paid under this Part

       3. 139. Provisional payment of eligible child’s pension: later adjustments

       4. 140. Adjustment of benefits to comply with FA 2004 where members die over 75

       5. 141. Guaranteed minimum pensions for surviving spouses and civil partners

    5. CHAPTER 5 Nominations for lump sum death grants

       1. 142. Nominations for lump sum death grants

       2. 143. Invalid nominations of individuals

       3. 144. Recovery of payment if nomination found to be invalid

    6. CHAPTER 6 Payment of lump sum death grants

       1. 145. Payment of lump sum death grants: general

       2. 146. Persons who may be paid lump sum death grant

       3. 147. Pension protection lump sum death benefit

       4. 148. Payment of pension instead of lump sum death grant for members who have reached 75

    7. CHAPTER 7 Amount of lump sum death grant

       1. 149. Meaning of “final pay”

       2. 150. Meaning of “annualised final pay”

       3. 151. Amount of lump sum death grant payable on death of active member

       4. 152. Amount of lump sum death grant payable on death of pension credit member

       5. 153. Amount payable under court order to former spouse or civil partner

    8. CHAPTER 8 Death gratuities

       1. 154. Application of Chapter

       2. 155. Death gratuities - dependants

       3. 156. Death gratuity - estate

    9. CHAPTER 9 Prevention of duplication of benefits

       1. 157. Payment of one benefit only in respect of deceased member

11. PART 10 Contributions

    1. 158. Amount of pensionable earnings

    2. 159. Annualised rate of pensionable earnings

    3. 160. Rate of member contributions

    4. 161. Payment of member contributions

    5. 162. Option to pay member contributions for period of unpaid leave

    6. 163. Payment of member contributions for unpaid leave

    7. 164. Employer contributions

    8. 165. Deduction of payments for added pension under Schedule 3

    9. 166. Refund of all member contributions and payments for added pension made by the member

    10. 167. Member repays refund of contributions on rejoining this scheme

12. PART 11 Transfers

    1. CHAPTER 1 Preliminary

       1. 168. Application of Part

       2. 169. Interpretation of Part

    2. CHAPTER 2 Transfers out

       1. 170. Transfer payments made to other schemes or pension arrangements

       2. 171. Application for a statement of entitlement

       3. 172. Statement of entitlement

       4. 173. Request for transfer payment to be made

       5. 174. Calculating the amount of a transfer value or club transfer value

       6. 175. Request for transfer out after member repays to scheme manager a refund received under regulation 166

       7. 176. Effect of transfers out

    3. CHAPTER 3 Transfers in

       1. 177. Application of Chapter

       2. 178. Interpretation of Chapter

       3. 179. Request for acceptance of a transfer payment

       4. 180. Transfer statement

       5. 181. Amount of transferred pension

       6. 182. Club transfer statement

       7. 183. Amount of club transfer earned pension

    4. CHAPTER 4 England and Wales and NI transfers

       1. 184. Interpretation

       2. 185. Transfers out

       3. 186. Transfers in

13. PART 12 Actuarial valuations and employer cost cap

    1. 187. Appointment of scheme actuary and actuarial valuations

    2. 188. Employer cost cap

14. PART 13 Supplementary

    1. CHAPTER 1 Dual capacity members

       1. 189. Meaning of “dual capacity member”

       2. 190. Payment of benefits to or in respect of a dual capacity member

    2. CHAPTER 2 Payment of benefits: general

       1. 191. Reduction in pension debit member’s benefits

       2. 192. Late payment of retirement index adjustment or retirement PIA index adjustment

       3. 193. Commutation of small pensions

    3. CHAPTER 3 Guaranteed minimum pensions

       1. 194. Interpretation and application

       2. 195. Guaranteed minimum under section 14 of PSA 1993

       3. 196. Contracting–out rights

    4. CHAPTER 4 Appeals in relation to payment of benefits

       1. 197. Appeals to sheriff

       2. 198. Appeals to tribunal

       3. 199. Limitation on appeals

    5. CHAPTER 5 Forfeiture and set-off

       1. 200. Pension supervising authority

       2. 201. Forfeiture: offences committed by members

       3. 202. Forfeiture: offences committed by a member’s beneficiary

       4. 203. Forfeiture: relevant monetary obligations and relevant monetary losses

       5. 204. Set-off

       6. 205. Forfeiture and set-off: procedure

       7. 206. Forfeiture: appeals to sheriff

       8. 207. Forfeiture: appeals to tribunal

    6. CHAPTER 6 Payment and deduction of tax

       1. 208. Scheme manager to be scheme administrator for purposes of Part 4 of Finance Act 2004

       2. 209. Payment on behalf of members of lifetime allowance charge

       3. 210. Reduction of benefits where lifetime allowance charge payable

       4. 211. Information about payment of annual allowance charge

       5. 212. Reduction of benefits where annual allowance charge paid by scheme manager

    7. CHAPTER 7 General

       1. 213. General prohibition on unauthorised payments

       2. 214. Calculation of periods of membership and service

       3. 215. Procedure on appeals to tribunal

       4. 216. Evidence of entitlement

       5. 217. Provision of benefit information statements to members

       6. 218. Transitional provisions

15. Signature

16. 1. SCHEDULE 1

       Medical decisions: appeals and reconsideration

       1. 1. Interpretation

       2. 2. Appeal against decision of a selected medical practitioner

       3. 3. Referral of final decision for reconsideration

       4. 4. Referral of final decision by sheriff or tribunal

       5. 5. Referral to appointed medical practitioner

       6. 6. Appointment of appeal board

       7. 7. Procedure and costs on appeals to appeal board

       8. 8. Hearing the appeal

       9. 9. Written evidence or a written statement

       10. 10. Costs payable if hearing is cancelled, adjourned or postponed

       11. 11. Costs payable on decision

    2. SCHEDULE 2

       Progressive medical conditions

    3. SCHEDULE 3

       Payments for added pension

       1. PART 1 General

          1. 1. Interpretation

          2. 2. Meaning of “overall limit of added pension”

          3. 3. Amount of accrued added pension may not exceed overall limit of added pension

          4. 4. Refund of overpayments

       2. PART 2 Exercising the added pension option

          1. 5. Added pension option exercisable by member

       3. PART 3 Periodical payments for added pension

          1. 6. Application of Part

          2. 7. Member’s option to make periodical payments for added pension

          3. 8. Cancellation of option by member

          4. 9. Periodical payments

          5. 10. Amount of added (self only) pension for a scheme year (periodical payments)

          6. 11. Amount of added (all beneficiaries) pension for a scheme year (periodical payments)

       4. PART 4 Lump sum payments for added pension made by member

          1. 12. Application of Part

          2. 13. Member’s option to make a lump sum payment for added pension

          3. 14. Statement of amount of added pension

          4. 15. Amount of added (self only) pension (lump sum payment)

          5. 16. Amount of added (all beneficiaries) pension (lump sum payment)

    4. SCHEDULE 4

       Transitional provisions

       1. PART 1 General

          1. 1. Interpretation

          2. 2. Meaning of “tapered protection closing date”

          3. 3. Pensionable service under a police scheme

          4. 4. Continuity of service (1987 transition members)

          5. 5. Continuity of service (2006 transition members)

          6. 6. Meaning of “active member” of the 1987 scheme or the equivalent NI police pension scheme

          7. 7. Meaning of “active member” of the 2006 scheme or the equivalent NI police pension scheme

          8. 8. Meaning of “active member” of an existing scheme

       2. PART 2 Exceptions for full protection members of the 1987 scheme

          1. 9. Meaning of “full protection member” (the 1987 scheme)

          2. 10. Exception for full protection member during protection period

          3. 11. Active member of the 1987 scheme on scheme closing date

       3. PART 3 Exceptions for full protection members of the 2006 scheme

          1. 12. Meaning of “full protection member” (the 2006 scheme)

          2. 13. Exception for full protection member during protection period

          3. 14. Active member of the 2006 scheme on scheme closing date

       4. PART 4 Exceptions for tapered protection members of the 1987 scheme

          1. 15. Meaning of “tapered protection member” (the 1987 scheme)

          2. 16. Exception for tapered protection members during protection period

          3. 17. Active member of the 1987 scheme on scheme closing date

       5. PART 5 Exceptions for tapered protection members of the 2006 scheme

          1. 18. Meaning of “tapered protection member” (the 2006 scheme)

          2. 19. Exception for tapered protection members during protection period

          3. 20. Active member of the 2006 scheme on scheme closing date

       6. PART 6 Payment of ill-health pension to transition members with continuity of service

          1. 21. Meaning of “ill-health pension” in relation to the existing police pension scheme

          2. 22. Meaning of “normal pension age under the existing police pension scheme”

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

          4. 24. When transition member reaches normal pension age under the existing police pension scheme

       7. PART 7 Payment of death benefits in respect of transition members with continuity of service

          1. 25. Annual rate of surviving adult’s pension payable under this scheme when a 1987 transition member dies as a pensioner member

          2. 26. Annual rate of surviving adult’s pension payable under this scheme when a 2006 transition member dies as a pensioner member

          3. 27. Annual rate of surviving adult’s pension payable under this scheme when a 1987 transition member dies as a deferred member

          4. 28. Annual rate of surviving adult’s pension payable under this scheme when a 2006 transition member dies as a deferred member

          5. 29. Annual rate of surviving adult’s pension payable under this scheme when a 1987 transition member dies as an active member

          6. 30. Annual rate of surviving adult’s pension payable under this scheme when a 2006 transition member dies as an active member

          7. 31. Payment of eligible child’s pension in respect of any transition member

          8. 32. Lump sum death grant payable on death of active member

          9. 33. Death gratuities - dependants

          10. 34. Death gratuity – estate

       8. PART 8 Transitional provisions relating to the existing police pension scheme

          1. 35. Pensionable service under the existing police pension scheme

          2. 36. Becoming a deferred member of the existing police pension scheme

          3. 37. Qualifying for benefits on retirement under the existing police pension scheme

          4. 38. Refund of contributions under the existing police pension scheme

          5. 39. Calculation of weighted accrual for service in the 1987 scheme

          6. 40. Calculation of lump sum under the 1987 scheme

          7. 41. Declaration under existing police pension scheme continues to have effect

          8. 42. Nomination under existing police pension scheme continues to have effect

       9. PART 9 Transfer of final salary benefits

          1. 43. Meaning of “final salary benefits”

          2. 44. Acceptance of club transfer value payments

          3. 45. Joining this scheme or the 2006 scheme

       10. PART 10 Pensionable service after the scheme closing date

           1. 46. Transition member with continuity of service

           2. 47. Active member of the 1988 NI police pension scheme on scheme closing date who joins 1987 scheme

           3. 48. Active member of the 1988 NI police pension scheme on scheme closing date who joins 2006 scheme

           4. 49. Active member of the 1987 scheme on scheme closing date

           5. 50. Deferred member of the 1987 scheme on scheme closing date

           6. 51. Active member of the 2009 NI police pension scheme on scheme closing date

           7. 52. Active member of the existing England and Wales scheme on the scheme closing date

           8. 53. Active member of an existing scheme on the scheme closing date

17. Explanatory Note