The Police Pension Scheme (Scotland) Amendment Regulations 2017

The Police Pension Scheme (Scotland) Regulations 2015^f1 are amended as follows.

In regulation 2 (interpretation)—

In regulation 16 (interpretation of Chapter), before the definition of “automatic re-enrolment date”, insert—

• ““automatic enrolment date” has the meaning given by section 3(7) of the Pensions Act 2008^f1;”.

In regulation 17 (automatic enrolment), in paragraphs (1) and (2)(a) after “day of eligible service”, insert “or on P’s automatic enrolment date”.

After regulation 17, insert—

“Exceptions

17A.

(1)

Where the employer considers that the circumstances specified in regulation 5B(1), 5C(1) and (2) or 5D(1) of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010^f1 apply in relation to an officer, the employer may choose not to enrol the officer on that person’s enrolment date or automatic re-enrolment date.

(2)

In such a case, the employer is to be treated as having satisfied the duty in section 3(2) or 5(2) of the Pensions Act 2008.”.

In regulation 20 (automatic re-enrolment), in paragraph (2) after “a pension scheme”, insert “and the employer has not made the choice referred to in regulation 17A(1)”.

In regulation 22 (opting out before the end of the initial period of eligible service)—

In regulation 23 (opting out after the initial period of eligible service), after paragraph (1)(b)(i), insert—

“(ia)

3 months or more after P’s automatic enrolment date;”.

In regulation 25 (pensionable earnings during a period of assumed pay), in paragraph (2)(a) after “maternity leave,”, insert “paid shared parental leave,”.

In regulation 37 (calculation of “retirement index adjustment”), in the definition of “A” in paragraph (2) in paragraph (b) of that definition, for “in-service revaluation index”, substitute “index adjustment”.

In regulation 41 (actuarial reduction on early payment of pension)—

After regulation 51 (closure and re-establishment of active member’s account), insert—

“Ill-health pension ceases to be payable

51A.

Where an ill-health pension ceases to be payable under Part 7(retirement benefits) and the pensioner member re-enters pensionable service, the scheme manager—

(a)

must close the retirement account;

(b)

must re-establish the active member’s account and credit it with an amount equal to the annual rate of lower tier ill-health pension payable when the ill-health pension was first awarded;

(c)

must make entries in the active member’s account as if, during the gap in pensionable service, the member—

(i)

was in pensionable service under this scheme; but

(ii)

received no pensionable earnings.”.

After regulation 55 (establishment of deferred member’s account), insert—

“Account established after ill-health pension ceases to be payable

55A.

If a lower tier ill-health pension ceases to be payable to a person (P) under Part 7 (retirement benefits) and P does not re-enter pensionable service—

(a)

a deferred member’s account must be established; and

(b)

that account must be credited with an amount equal to the annual rate of the lower tier ill-health pension payable immediately before the lower tier ill-health pension ceased to be payable.”.

For regulation 125 (Meaning of “surviving adult partner”), substitute—

“Meaning of “surviving adult partner”

125.

(1)

A person is a surviving adult partner in relation to a member if, at the date of the member’s death, that person was—

(a)

the spouse or civil partner of the member;

(b)

cohabiting with the member and—

(i)

was not married or in a civil partnership with that member,

(ii)

is not the spouse or civil partner of any other person,

(iii)

could have entered into a marriage or civil partnership under the law of Scotland with the member but did not do so,

(iv)

was financially dependent on the member, or was, with the member, in a state of mutual financial dependency, and

(v)

was in a long-term relationship with the member.

(2)

In paragraph (1), “long–term relationship” means a relationship that has continued for a period of at least two years ending with the date on which the question of the person’s status in relation to the member falls to be considered, or such shorter period as the scheme manager may in any particular case think fit.”.

In regulation 146(1)(persons who may be paid lump sum death grant) for “must”, substitute “may”.

In regulation 158 (amount of pensionable earnings), in paragraph (5) after “maternity leave,”, insert “paid shared parental leave,”.

In regulation 162 (option to pay member contributions for period of unpaid leave), after paragraph (1)(b), insert—

“(ba)

unpaid shared parental leave;”.

In regulation 178 (interpretation of Chapter), in the definition of “transfer date” for “earlier”, substitute “later”.

In schedule 3 (payments for added pension), in paragraph 9(4) (periodical payments) after “maternity leave,”, insert “paid shared parental leave,”.

(This note is not part of the Regulations)