The Police Pensions (Scotland) Regulations 2007

Retirement

17.—(1) Subject to paragraph (2), a reference in these Regulations to retirement includes a reference to retirement under regulation 18, 19, 20 or 21, but does not include a reference to–

(a) leaving a police force on transferring from one force to another;

(b) leaving a police force on joining an English or Welsh police force or the Police Service of Northern Ireland;

(c) ceasing to serve as a regular police officer, otherwise than on retirement under regulation 21, from a date before that on which the officer concerned attains the age of 55 years (whether the officer so ceases to serve voluntarily, upon the expiry without extension (or further extension) of the period of an appointment for a fixed term in accordance with regulation 11 of the Police (Scotland) Regulations 2004(1) or upon being dismissed or required to resign); or

(d) retirement within the meaning of section 4(4)(d) of the Police (Scotland) Act 1967(2) in a case where, under that section, the chief constable in question is required to retire before the date on which that chief constable attains the age of 55 years.

(2) A regular police officer who fulfils the qualifying service criterion and who is dismissed or required to resign, on or after the date on which the officer attains the age of 55 years, shall be deemed for the purposes of these Regulations to have retired under regulation 18 on the date that officer’s dismissal or resignation took effect, having given such notice to the police authority of that officer’s intention to retire as is mentioned in regulation 18(2) and with any necessary consent having been given under regulation 18(4).

(3) A regular police officer fulfils the qualifying service criterion if–

(a) that officer has at least 2 years' qualifying service; or

(b) regulation 15 applies to that officer.

(4) In paragraph (3), “2 years' qualifying service” has the meaning assigned to it by section 71(7) of the 1993 Act.

(1)

S.S.I. 2004/257.

(2)

1967 c. 77. Relevantly amended by the Anti-Terrorism, Crime and Security Act 2001 (c. 24), section 101 and Schedule 7, paragraphs 2 and 3 and S.I. 2004/1573, article 12.