The Police Pensions (Scotland) Regulations 2007

1. Introductory Text

2. PART 1 GENERAL PROVISIONS

   1. 1. Citation, commencement, effect and extent

   2. 2. Meaning of certain expressions and references – general provision

   3. 3. Meaning of certain expressions in relation to persons who are not members of a home police force

   4. 4. Disablement

   5. 5. Transfers

3. PART 2 ELIGIBILITY FOR PENSION AWARDS, PENSIONABLE SERVICE AND RETIREMENT

   1. Eligibility for pension awards

      1. 6. Application of Regulations

      2. 7. Pension contributions payable by regular police officers

      3. 8. Eligibility for pension awards payable on the ground of permanent disablement

      4. 9. Election not to pay pension contributions

   2. Pensionable service

      1. 10. Reckoning of pensionable service

      2. 11. Current service

      3. 12. Previous service reckonable without payment

      4. 13. Previous service reckonable on payment

      5. 14. Reckoning of part-time service

      6. 15. Service reckonable by reason of transfer value

      7. 16. Reckoning of service for purposes of awards

   3. Retirement

      1. 17. Retirement

      2. 18. Voluntary retirement

      3. 19. Compulsory retirement on account of age

      4. 20. Compulsory retirement on grounds of efficiency of the force

      5. 21. Compulsory retirement on the ground of disablement

      6. 22. Effective date of retirement

4. PART 3 PENSIONABLE PAY AND CONTRIBUTIONS

   1. 23. Pensionable pay

   2. 24. Final pensionable pay

   3. 25. Average pensionable pay

   4. 26. Aggregate pension contributions for purposes of repayment

5. PART 4 PENSION AWARDS

   1. Personal pensions

      1. 27. Police officer’s ordinary pension

      2. 28. Calculation of ordinary pension

      3. 29. Police officer’s ill-health pension

      4. 30. Calculation of standard ill-health pension

      5. 31. Calculation of enhanced top-up ill-health pension

      6. 32. Police officer’s deferred pension

      7. 33. Early payment of deferred pension subject to actuarial reduction

      8. 34. Repayment of aggregate pension contributions

      9. 35. Deductions of tax from awards under regulation 9(4) or 34

      10. 36. Pension debit members – personal awards

      11. 37. Exchange of lump sum for additional periodical payments

      12. 38. Commutation of small pension for lump sum

   2. Survivors' pensions

      1. 39. Survivors' pensions – general provision

      2. 40. Survivors

      3. 41. Calculation of adult survivors' pensions

      4. 42. Calculation of child survivors' pensions

   3. Guaranteed minimum pension

      1. 43. Guaranteed minimum pension for the purposes of the Pension Schemes Act 1993

   4. Awards on death – additional provisions

      1. 44. Death gratuities – dependants

      2. 45. Death gratuity – estate

      3. 46. Lump sum death grant

      4. 47. Nomination for lump sum death grant

      5. 48. Pension debit members – awards on death

      6. 49. Prevention of duplication

      7. 50. Increase of awards by reference to the Pensions (Increase) Acts

   5. Revision and withdrawal or forfeiture of awards

      1. 51. Review and cancellation of pensions payable on the ground of permanent disablement

      2. 52. Withdrawal of pension during service as a regular police officer

      3. 53. Reduction of pension in case of default

      4. 54. Withdrawal of early payment of deferred pension

      5. 55. Forfeiture of pension

6. PART 5 PURCHASE OF INCREASED BENEFITS

   1. 56. Election to purchase increased benefits

   2. 57. Acceptance and effect of elections

   3. 58. Lump sum payments

   4. 59. Payment by periodical contributions

   5. 60. Reckoning of increased benefits

7. PART 6 PENSION SHARING: PENSION CREDIT MEMBERS

   1. 61. Pension credit member’s entitlement to pension

   2. 62. Commutation of the pension credit benefit on the ground of serious ill-health

   3. 63. Death grants where pension credit member dies before pension credit benefits payable

   4. 64. Application of general regulations

8. PART 7 MEDICAL QUESTIONS AND APPEALS

   1. Eligibility for awards – general

      1. 65. Eligibility for awards – general

   2. Appeals

      1. 66. Appeal by a member of a home police force

      2. 67. Appeal by inspector of constabulary or police officer engaged on relevant service

      3. 68. Limitations on appeals

   3. Decisions on eligibility for pension awards payable on the ground of permanent disablement

      1. 69. Reference to selected medical practitioner – eligibility for pension awards payable on the ground of permanent disablement

      2. 70. Appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement

   4. Medical questions – permanent disablement

      1. 71. Reference of medical questions – permanent disablement

      2. 72. Appeal to board of medical referees

      3. 73. Further reference to medical authority

      4. 74. Procedure and costs on appeals under regulation 72

      5. 75. Refusal to be medically examined

9. PART 8 TRANSFER VALUES, PAYMENT, ETC

   1. Interpretation

      1. 76. Interpretation

   2. Certificates of pensionable service on transfer between forces or rejoining the police service

      1. 77. Certificates of pensionable service

   3. Transfer values payable on leaving the police service or ceasing to make pension contributions

      1. 78. Transfer values payable on leaving the police service or ceasing to make pension contributions

      2. 79. Prohibition on accepting or paying transfer values for pension credit rights

   4. Mis-sold pensions

      1. 80. Mis-sold pensions

   5. Payment of awards

      1. 81. Authorities responsible for payment of awards

      2. 82. Funds out of which and into which payments are to be made

      3. 83. Payment and duration of awards

      4. 84. Payment of awards otherwise than to beneficiary and application of payments

      5. 85. Payment on behalf of officers of lifetime allowance charge

      6. 86. Reduction of benefits where lifetime allowance charge payable

10. PART 9 SPECIAL CASES

    1. Alterations in police areas

       1. 87. Alterations in police areas

       2. 88. Chief constables affected by alterations in police areas

    2. Servicemen

       1. 89. Interpretation

       2. 90. Awards to servicemen

       3. 91. Survivors' awards on death of servicemen

       4. 92. Prevention of duplication

       5. 93. Application of regulations 44, 45 and 46

       6. 94. Servicemen who do not resume service in their former force

       7. 95. Pensionable service and pension contributions

    3. Former members of an English or Welsh police force or the Police Service of Northern Ireland

       1. 96. Former members of an English or Welsh police force or the Police Service of Northern Ireland

       2. 97. Transfer of regular police officer to an English or Welsh police force or the Police Service of Northern Ireland

       3. 98. Amendment of the Police (Injury Benefit) (Scotland) Regulations 2007

11. Signature

12. 1. SCHEDULE 1

       GLOSSARY OF EXPRESSIONS

    2. SCHEDULE 2

       APPLICATION OF REGULATIONS TO OFFICERS TO WHOM REGULATION 6(2) AND (3) APPLIES

       1. 1. This paragraph applies to a regular police officer to whom...

       2. 2. This paragraph applies to a regular police officer to whom...

       3. 3. This paragraph applies to a regular police officer to whom...

       4. 4. An officer to whom paragraph 3 applies may, instead of...

       5. 5. An election under paragraph 4 shall be made by the...

       6. 6. An officer to whom paragraph 1 applies may elect to...

       7. 7. An election under paragraph 6 shall be made by the...

       8. 8. Subject to the following provisions of this Schedule, where a...

       9. 9. The pensionable service reckonable by an officer–

       10. 10. In the case of a regular police officer to whom...

       11. 11. In the case of a regular police officer to whom...

       12. 12. A regular police officer to whom these Regulations apply by...

       13. 13. In the case of– (a) an officer to whom regulation...

       14. 14. References in the foregoing paragraphs to retirement with an entitlement...

    3. SCHEDULE 3

       TRANSFER ELECTIONS UNDER REGULATION 6(8)

       1. 1. Where a regular police officer wishes to make a transfer...

       2. 2. A transfer election made in accordance with regulation 6(8) within...

       3. 3. A regular police officer who makes such a transfer election...

       4. 4. As from the date on which a regular police officer’s...

       5. 5. As from the date on which such a transfer election...

       6. 6. For the purposes of paragraph 5, the total pensionable service...

       7. 7. In paragraph 6– “age next birthday at the notional commencement...

       8. 8. (1) A regular police officer to whom–

       9. 9. In the case of a regular police officer who, after...

       10. 10. In the case of a regular police officer whose transfer...

       11. 11. In the case of a regular police officer who had...

       12. 12. As from the date on which a transfer election made...

       13. 13. In relation to a regular police officer who makes a...

       14. 14. A regular police officer by whom pension contributions are payable...

       15. 15. A provisional declaration made in accordance with paragraph 14 shall,...

       16. 16. In the case of a regular police officer–

       17. 17. (1) If a regular police officer is ineligible for pension...

       18. 18. (1) This sub-paragraph applies to a regular police officer who...

    4. SCHEDULE 4

       PROGRESSIVE MEDICAL CONDITIONS

    5. SCHEDULE 5

       AMENDMENT OF THE POLICE (INJURY BENEFIT) (SCOTLAND) REGULATIONS 2007

       1. 1. The Police (Injury Benefit) (Scotland) Regulations 2007 are amended in...

       2. 2. For regulation 4 (pensionable and average pensionable pay and aggregate...

       3. 3. For regulation 12(3) (disablement gratuity), substitute the following–

       4. 4. In regulation 13(2)(b)(ii) (adult survivor’s special award) after “the 1987...

       5. 5. In regulation 21(2) (death gratuity) after “the 1987 Regulations” insert...

       6. 6. In regulation 22 (abatement of certain gratuities in respect of...

       7. 7. In regulation 24(6) (gratuity in lieu of adult survivor’s special...

       8. 8. In regulation 26 (limitation on discretion to grant a gratuity...

       9. 9. In regulation 27 (prevention of duplication)– (a) in paragraph (1)(a)...

       10. 10. In regulation 28 (increase of adult survivor’s special pension or...

       11. 11. In regulation 30(2) (reference of medical questions)–

       12. 12. In regulation 37 (reassessment of injury pension)–

       13. 13. In regulation 40 (forfeiture) after paragraph (4) insert the following...

       14. 14. In Schedule 1 (glossary of expressions), after the definition of...

       15. 15. In Schedule 3 (police officer’s injury award)–

13. Explanatory Note