Regulation 94 Annual rate of ill-health pension under this schemeI1

Scotland

(1)

The annual rate of ill-health pension under this scheme^f1 is calculated as follows^f2.

(2)

The annual rate of a lower tier ill-health pension is calculated in the same way as the annual rate of retirement earned pension^f3 is calculated under regulation 88 (annual rate of full retirement pension (active members)), but without subtracting the early payment reduction.

(3)

The annual rate of any retirement added pension payable with a lower tier ill-health pension is calculated in the same way as it is calculated under regulation 88 (annual rate of full retirement pension (active members)), but without subtracting the early payment reduction.

(4)

The annual rate of an enhanced upper tier ill-health pension payable to a member whose aggregate period of service is less than 5 years is the lesser of—

(a)

$t o t a l a c c r u e d e a r n e d p e n s i o n \times 3$ ; and

(b)

$\frac{f i n a l p a y}{56.1} \times \frac{a s s u m e d p e r i o d o f p e n s i o n a b l e s e r v i c e}{2}$

where—
“total accrued earned pension” means—
1. (a)
  for a 2006 transition member with continuity of service, the total amount of accrued earned pension under both this scheme and the 2006 scheme; or
2. (b)
  for any other member, the amount of accrued earned pension under this scheme;
“assumed period of pensionable service” means the period (expressed in years)—
1. (a)
  beginning with the day after the member’s period of service ceased; and
2. (b)
  ending with the day before the day on which the member will reach normal pension age under this scheme (assuming that the member lives until that age); and
“final pay” has the meaning given in regulation 149 F1but where a member was in part-time service at any time during the 12 months ending with the last day of pensionable service, or the earnings year, the amount of the member’s pensionable earnings is adjusted by increasing it to the amount payable as if the member had been in full-time service for that period.

(5)

The annual rate of an enhanced upper tier ill-health pension payable to a member whose aggregate period of service is 5 years or more is—

\frac{f i n a l p a y}{56.1} \times \frac{a s s u m e d p e r i o d o f p e n s i o n a b l e s e r v i c e}{2}

where—

“assumed period of pensionable service” has the same meaning as in paragraph (4); and
“final pay” has the meaning given in regulation 149 F2but where a member was in part-time service at any time during the 12 months ending with the last day of pensionable service, or the earnings year, the amount of the member’s pensionable earnings is adjusted by increasing it to the amount payable as if the member had been in full-time service for that period.

(6)

In this regulation, “aggregate period of service” means—

(a)

for a 2006 transition member with continuity of service—

(i)

the member’s continuous period of pensionable service under this scheme; and

(ii)

the member’s pensionable service under the 2006 scheme before the member’s transition date; or

(b)

for any other member, the member’s continuous period of pensionable service under this scheme.

(7)

For a member whom the scheme manager determines under regulation 28 (re-determination of eligibility) is eligible under this scheme for payment of ill-health benefits, the member’s continuous period of pensionable service under this scheme is taken to begin on the date of that determination.

(8)

In calculating a member’s aggregate period of service, a period of part-time service under this scheme or under the 2006 scheme counts as if it were a period of full-time service.

(9)

In calculating a member’s assumed period of pensionable service (“the assumed period”), the member is taken to be in part-time service during the assumed period for the same proportion of time as the member was in part-time service during the member’s aggregate period of service.

Annotations

Textual amendments

F1: Words in reg. 94(4) inserted (with effect from 1.4.2015) by virtue of The Police Pensions (Amendment) (Scotland) Regulations 2020 (S.S.I. 2020/33), regs. 1(2)(c), 11(2)(a)
F2: Words in reg. 94(5) inserted (with effect from 1.4.2015) by virtue of The Police Pensions (Amendment) (Scotland) Regulations 2020 (S.S.I. 2020/33), regs. 1(2)(c), 11(2)(b)

Commencement

I1: Reg. 94 in force at 1.4.2015, see reg. 1

Footnotes

f1: For the annual rate of a transition member’s ill-health pension, see Schedule 4, Part 6.
f2: An ill-health pension is payable from the day after the date on which the employer requires the member to retire under Part 6.
f3: Regulation 36 provides for the calculation of an amount of accrued earned pension. This amount forms the basis for determining the amount of retirement earned pension under regulation 60. The annual rate of retirement earned pension in relation to active members is calculated under regulation 88.