The Police Pensions (Remediable Service) (Scotland) Regulations 2023

Remediable value treated as being in the legacy scheme

45.—(1) This regulation applies where—

(a) a remediable value was accepted into the reformed scheme by the scheme manager in respect of M—

(i) during the period of M’s remediable police service, and

(ii) where M was a member of the 1987 scheme, after 1st October 2023 and within an election period set by the scheme manager, and

(b) the benefits payable in relation to M’s remediable police service are, by virtue of the operation of these Regulations or PSPJOA 2022, legacy scheme benefits.

(2) The remediable value—

(a) is not, and is treated as never having been, accepted into reformed scheme, and

(b) is treated as being, and as always having been, accepted in M’s legacy scheme.

(3) Paragraph (1) has effect—

(a) for the purposes of determining which police pension scheme is (or at any time was) required to pay benefits to or in respect of the remediable value, and

(b) for all other purposes, subject to regulation 46.

(4) In this regulation, the “election period” means a period of 12 months beginning when the scheme manager provides notice of the option for M to elect to transfer in benefits under the provisions of the 1987 Regulations that applied during the remediable service period.