The Police Pensions (Part-time Service) Amendment (Scotland) Regulations 2005

3.—(1) Part III of Schedule B (policeman’s ill-health pension) is amended as follows.

(2) In paragraph 1 for “shall be determined” onwards substitute–

“shall be determined–

(a) in the case of a policeman all of whose service by virtue of which his or her pensionable service is reckonable was full-time, in accordance with paragraph 2, 3 or 4, as the case may require; and

(b) in the case of a policeman some or all of whose service by virtue of which his or her pensionable service is reckonable was part time–

(i) in a case where, if the part time service had been full-time service, his or her pensionable service would not exceed 30 years, in accordance with the formula given in paragraph 4A; and

(ii) in a case where, if the part time service had been full-time service, his or her pensionable service would exceed 30 years, in accordance with the formula given in paragraph 4B,

but in either case subject to paragraphs 6 and 7.”.

(3) After paragraph 4 insert–

“4A.   The formula referred to in paragraph 1(b)(i) is–

where–

N is the amount that the annual pension would be in accordance with this Part of this Schedule if all the policeman’s service by virtue of which his or her pensionable service is reckonable were full-time service;

R is the period in years of his or her pensionable service; and

Q is the period that would be the period in years of his or her pensionable service if periods of part-time service were reckonable as if they were periods of full-time service.

4B.   The formula referred to in paragraph 1(b)(ii) is–

where–

N is two thirds of the policeman’s average pensionable pay; and

R is the period in years of his or her pensionable service.”.

(4) The provisions of paragraph 5 are to become sub paragraph (1) of that paragraph and after “paragraph 3 or 4” insert “or the formula in paragraph 4A or 4B”.

(5) After that sub paragraph insert–

“(2) For the purposes of sub paragraph (1) the amount of the pension to which the policeman would have become entitled is given by the formula–

where

RP is the amount of the pension to which the policeman would have become entitled if he or she had continued to serve until he or she could be required to retire on account of age and all his or her service were full time service, and R and Q are the same as in paragraph 4A.”.

(6) After paragraph 5 insert–

“6.   If in a case where any of the policeman’s service by virtue of which his or her pensionable service is reckonable was part time service, the amount of the pension calculated in accordance with paragraphs 1 to 5 of this Part would be less than the amount of the pension would have been if the person had become entitled to receive the pension at an earlier date, then, subject to Parts VII and VIII of this Schedule, the pension shall be of the last mentioned amount instead.

7.   In a case where–

(a) any of a policeman or former policeman’s service by virtue of which his or her pensionable service is reckonable was part time service before the date on which the Police Pensions (Part time Service) Amendment (Scotland) Regulations 2005 come into force; and

(b) the amount of his or her pension calculated in accordance with this Part would be less than it would have been if those Regulations had not been made,

then the pension shall be of that amount instead.”.