The Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2019

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

30.  In regulation 22 (abatement of certain gratuities in respect of gratuities otherwise payable)(1)—

(a) in paragraph (1), omit “or, as the case may be, regulation 44 or 45 of the 2007 Regulations”,

(b) in paragraph (2)(a)(i)—

(i) after “above or” insert “any gratuities paid”, and

(ii) for “or, as the case may be, regulation 44 or 45 of the 2007 Regulations” substitute “, regulation 44 or 45 of the 2007 Regulations or, as the case may be, regulation 155 or 156 of the 2015 Regulations”,

(c) omit the word “and” following paragraph (2)(a)(i),

(d) after paragraph (2)(a)(ii) insert—

“and

(iii) any lump sum death grant paid under regulation 146 of the 2015  Regulations,”,

(e) for paragraph (2)(b)(ii)(C) substitute—

“(C) the deceased officer’s average pensionable pay was greater than 2¼ times the annual amount of the ill-health pension which would have been payable to the deceased officer under one of the provisions and in the circumstances mentioned in paragraph (4), and”,

(f) in paragraph (2)(c), for “or, as the case may be, regulation 44 of the 2007 Regulations” substitute “, regulation 44 of the 2007 Regulations or, as the case may be, regulation 155 and 156 of the 2015 Regulations”, and

(g) after paragraph (3), insert—

“(4) The provisions and circumstances mentioned in paragraph (2)(b)(ii)(C) are—

(a) under regulation B3 of the 1987 Regulations, if that officer had retired on grounds of permanent disability on the day on which that officer had died (whether or not the amount was greater),

(b) under regulation 29 of the 2007 Regulations, if, on the date of the member’s death, the member had retired meeting the criteria for a standard ill-health pension and an enhanced ill-health top-up pension (whether or not the amount was greater), or

(c) under regulation 92(3)(b) of the 2015 Regulations, if, on the date of the member’s death, the member had retired meeting the upper tier threshold for payment of an ill-health pension under regulation 91(2) of those Regulations (payment thresholds) (whether or not the amount was greater).”.

(1)

Regulation 22 was amended by S.S.I. 2007/201.