# The Police Pension Scheme (Scotland) Amendment Regulations 2015

S.S.I. 2015/325 · made 8 September 2015

These Regulations amend the Police Pension Scheme (Scotland) Regulations 2015 so as to correct errors and omissions in that instrument. The Regulations have retrospective effect as from 1st April 2015 (the date on which the Regulations being amended came into force).

Made under: Public Service Pensions Act 2013 (Section 1, Schedule 2 paragraph 7)

PDFs: Printed copy https://openlegislation.uk/police-pension-scheme-scotland-amendment-regulations-2015/pdf/ssi_20150325_en.pdf

## Introductory text

This Scottish Statutory Instrument corrects errors in S.S.I. 2015/142 and is being issued free of charge to all known recipients of that instrument.
Public Service Pensions
Made 8th September 2015
Laid before the Scottish Parliament 10th September 2015
Coming into force 1st November 2015
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1(1) and (2)(g) of, and paragraph 7(b) of Schedule 2 to, the Public Service Pensions Act 2013 and all other powers enabling them to do so.
In accordance with section 21(1) of that Act, the Scottish Ministers consulted the representatives of such persons as appeared to the Scottish Ministers likely to be affected by these Regulations.

## 1 Citation, commencement and effect

(1) These Regulations may be cited as the Police Pension Scheme (Scotland) Amendment Regulations 2015.
(2) These Regulations come into force on 1st November 2015 and have effect from 1st April 2015.

## 2 Amendment of the Police Pension Scheme (Scotland) Regulations 2015

The Police Pension Scheme (Scotland) Regulations 2015 are amended as follows.

## 3 Amendment of the Police Pension Scheme (Scotland) Regulations 2015

In regulation 2 (interpretation), in the definition of “death gratuity” for “(death benefits)” substitute “(death gratuities)”.

## 4 Amendment of the Police Pension Scheme (Scotland) Regulations 2015

In paragraph (3) of regulation 66 (decision of selected medical practitioner)—
(a) in sub-paragraph (b), for “that inability” substitute “the inability referred to in sub-paragraph (a);
(b) after sub-paragraph (b), omit “and”; and
(c) at the end, insert—
“; and
(d) the inability referred to in sub-paragraph (c) is occasioned by infirmity of mind or body and is likely to continue until the day on which—
(i) the member reaches normal pension age under this scheme; or
(ii) the member dies (if the selected medical practitioner considers the member is likely to die before reaching normal pension age under this scheme).”.

## 5 Amendment of the Police Pension Scheme (Scotland) Regulations 2015

In paragraph (1) of regulation 132 (reduction in pensions in cases of wide age disparity), after “adult’s” insert “pension”.

## 6 Amendment of the Police Pension Scheme (Scotland) Regulations 2015

In paragraph (5) of regulation 137 (payment of pensions under Part 9), for “paragraph (3)” substitute “paragraph (4)”.

## 7 Amendment of the Police Pension Scheme (Scotland) Regulations 2015

In paragraph (4)(a) of regulation 149 (meaning of “final pay”), for “regulation 159” substitute “regulation 150”.

## 8 Amendment of the Police Pension Scheme (Scotland) Regulations 2015

In paragraph (4) of regulation 157 (payment of one benefit only in respect of deceased member), for “manger” substitute “manager”.

## 9 Amendment of the Police Pension Scheme (Scotland) Regulations 2015

In paragraph (1) of regulation 170 (transfer payments made to other schemes or pension arrangements), for “regulation 174” substitute “regulation 166”.

## 10 Amendment of the Police Pension Scheme (Scotland) Regulations 2015

In paragraph (3) of regulation 198 (appeals to tribunal), for “Regulation 115” substitute “Regulation 215”.

## 11 Amendment of the Police Pension Scheme (Scotland) Regulations 2015

After paragraph (3) of regulation 201 (forfeiture: offences committed by members), insert—
“(3A) The pension supervising authority may to the extent that in its discretion it thinks fit restore to the member or apply for the benefit of an eligible child or surviving adult of the member any amount of pension that has been forfeited under this regulation.”.

## 12 Amendment of the Police Pension Scheme (Scotland) Regulations 2015

In Schedule 1 (medical decisions: appeals and reconsideration)—
(a) in paragraph 1 (interpretation)—
(i) for ““final” decision”, substitute ““final decision””; and
(ii) in paragraph (d) of the definition of “medical decision”, for “regulation 97” substitute “regulation 96”; and
(b) in the title of paragraph 7, omit “and costs”.

## Signature

JOHN SWINNEY
A member of the Scottish Government
St Andrew’s House,
Edinburgh
8th September 2015

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Police Pension Scheme (Scotland) Regulations 2015 so as to correct errors and omissions in that instrument. The Regulations have retrospective effect as from 1st April 2015 (the date on which the Regulations being amended came into force).

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Source: https://www.legislation.gov.uk/ssi/2015/325 (the official version)
Page: https://openlegislation.uk/police-pension-scheme-scotland-amendment-regulations-2015
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

