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The Police Pensions (Scotland) Regulations 2007

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Police officer’s ill-health pension

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29.—(1) This regulation applies to a regular police officer who retires or has retired under regulation 21:

Provided that this regulation shall not apply to a regular police officer–

(a)who has made an election under regulation 9 which had effect at the time of that officer’s retirement;

(b)who under regulation 8 is ineligible for pension awards payable on the ground of permanent disablement; or

(c)who has attained the age of 55 at the time of that officer’s retirement, and in such a case that policeman shall be entitled to an ordinary pension under regulation 27 instead of an ill-health pension as provided in this regulation.

(2) Subject to the provisions of these Regulations, a regular police officer to whom this regulation applies shall be entitled to an ill-health pension as provided in this regulation.

(3) In the case of a regular police officer who, at the time of their retirement–

(a)(i)fulfills the qualifying service criterion; or

(ii)is disabled as the result of an injury received without that officer’s default in the execution of duty; and

(b)in either case, is permanently disabled for the performance of the ordinary duties of a member of the police force but is not permanently disabled for engaging in any regular employment otherwise than as a regular police officer,

the award under paragraph (2) shall be an ill-health pension calculated in accordance with regulation 30 (“a standard ill-health pension”).

(4) In the case of a regular police officer who, at the time of that officer’s retirement, falls within paragraph (3)(a) but is permanently disabled both for the performance of the ordinary duties of a member of the police force and for engaging in any regular employment otherwise than as a regular police officer, the award under paragraph (2) shall comprise–

(a)a standard ill-health pension; and

(b)an additional pension calculated in accordance with regulation 31 (“an enhanced top-up ill-health pension”).

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