The Police Pensions (Scotland) Regulations 2007

PART 1GENERAL PROVISIONS

1Citation, commencement, effect and extent

2Meaning of certain expressions and references – general provision

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

PART 2ELIGIBILITY FOR PENSION AWARDS, PENSIONABLE SERVICE AND RETIREMENT

Eligibility for pension awards

6Application of Regulations

7Pension contributions payable by regular police officers

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

9Election not to pay pension contributions

Pensionable service

10Reckoning of pensionable service

11Current service

12Previous service reckonable without payment

13Previous service reckonable on payment

14Reckoning of part-time service

15Service reckonable by reason of transfer value

16Reckoning of service for purposes of awards

18Voluntary retirement

19Compulsory retirement on account of age

20Compulsory retirement on grounds of efficiency of the force

21Compulsory retirement on the ground of disablement

22Effective date of retirement

PART 3PENSIONABLE PAY AND CONTRIBUTIONS

23Pensionable pay

24Final pensionable pay

25Average pensionable pay

26Aggregate pension contributions for purposes of repayment

PART 4PENSION AWARDS

Personal pensions

27Police officer’s ordinary pension

28Calculation of ordinary pension

29Police officer’s ill-health pension

30Calculation of standard ill-health pension

31Calculation of enhanced top-up ill-health pension

32Police officer’s deferred pension

33Early payment of deferred pension subject to actuarial reduction

34Repayment of aggregate pension contributions

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

36Pension debit members – personal awards

37Exchange of lump sum for additional periodical payments

38Commutation of small pension for lump sum

Survivors' pensions

39Survivors' pensions – general provision

41Calculation of adult survivors' pensions

42Calculation of child survivors' pensions

Guaranteed minimum pension

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

Awards on death – additional provisions

44Death gratuities – dependants

45Death gratuity – estate

46Lump sum death grant

47Nomination for lump sum death grant

48Pension debit members – awards on death

49Prevention of duplication

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

Revision and withdrawal or forfeiture of awards

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

52Withdrawal of pension during service as a regular police officer

53Reduction of pension in case of default

54Withdrawal of early payment of deferred pension

55Forfeiture of pension

PART 5PURCHASE OF INCREASED BENEFITS

56Election to purchase increased benefits

57Acceptance and effect of elections

58Lump sum payments

59Payment by periodical contributions

60Reckoning of increased benefits

PART 6PENSION SHARING: PENSION CREDIT MEMBERS

61Pension credit member’s entitlement to pension

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

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

64Application of general regulations

PART 7MEDICAL QUESTIONS AND APPEALS

Eligibility for awards – general

65Eligibility for awards – general

66Appeal by a member of a home police force

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

68Limitations on appeals

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

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

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

Medical questions – permanent disablement

71Reference of medical questions – permanent disablement

72Appeal to board of medical referees

73Further reference to medical authority

74Procedure and costs on appeals under regulation 72

75Refusal to be medically examined

PART 8TRANSFER VALUES, PAYMENT, ETC

76Interpretation

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

77Certificates of pensionable service

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

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

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

Mis-sold pensions

80Mis-sold pensions

Payment of awards

81Authorities responsible for payment of awards

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

83Payment and duration of awards

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

85Payment on behalf of officers of lifetime allowance charge

86Reduction of benefits where lifetime allowance charge payable

PART 9SPECIAL CASES

Alterations in police areas

87Alterations in police areas

88Chief constables affected by alterations in police areas

89Interpretation

90Awards to servicemen

91Survivors' awards on death of servicemen

92Prevention of duplication

93Application of regulations 44, 45 and 46

94Servicemen who do not resume service in their former force

95Pensionable service and pension contributions

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

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

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

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

SCHEDULE 1GLOSSARY OF EXPRESSIONS

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

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

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

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

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

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

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

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

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

9The pensionable service reckonable by an officer–

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

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

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

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

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

SCHEDULE 3TRANSFER ELECTIONS UNDER REGULATION 6(8)

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

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

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

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

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

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

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

8(1) A regular police officer to whom–

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

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

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

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

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

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

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

16In the case of a regular police officer–

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

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

SCHEDULE 4PROGRESSIVE MEDICAL CONDITIONS

SCHEDULE 5AMENDMENT OF THE POLICE (INJURY BENEFIT) (SCOTLAND) REGULATIONS 2007

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

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

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

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

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

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

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

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

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

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

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

12In regulation 37 (reassessment of injury pension)–

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

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

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

2007 No. 201

PENSIONS

The Police Pensions (Scotland) Regulations 2007

Made7th March 2007

Laid before the Scottish Parliament8th March 2007

Coming into force30th March 2007

The Scottish Ministers, in exercise of the powers conferred by sections 1 to 7 of the Police Pensions Act 19761, and of all other powers enabling them in that behalf and after consultation with the Police Negotiating Board for the United Kingdom2, hereby make the following Regulations: