Regulation 194 Interpretation and applicationI1

Scotland

(1)

This Chapter does not apply to—

(a)

a pension that is forfeited—

(i)

as a result of a conviction for treason; or

(ii)

under regulation 201 (forfeiture: offences committed by members), in a case where the relevant offence within the meaning of that regulation is an offence under the Official Secrets Acts 1911 to 1989^f1 F1or an applicable offence under the National Security Act 2023;

(b)

a pension that is commuted under regulation 122 (option for pension credit member to commute whole pension: serious ill-health); or

(c)

a pension that is commuted under regulation 193 (commutation of small pensions) where the conditions in F2regulation 25 of the Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015 (payment of a lump sum instead of a pension) are met.

(2)

But if any other provision of this scheme is inconsistent with this Chapter, this Chapter prevails.

(3)

In this Chapter—

(a)

“GMP age”—

(i)

for a man, means 65; and

(ii)

for a woman, means 60; and

(b)

references to the amount of a pension are to its amount after the subtraction of the commutation amount (if any).

Annotations

Textual amendments

F1: Words in reg. 194(1)(a)(ii) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 52(3)
F2: Words in reg. 194(1)(c) substituted (1.4.2019) by The Police Pensions (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/68), regs. 1(2), 61

Commencement

I1: Reg. 194 in force at 1.4.2015, see reg. 1

Footnotes

f1: 1989 c.6; see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”.