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The Police Pensions (Scotland) Regulations 2007

S.S.I. 2007/201 · Made 7 March 2007

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PENSIONS

Made 7th March 2007

Laid before the Scottish Parliament 8th March 2007

Coming into force 30th March 2007

The Scottish Ministers, in exercise of the powers conferred by sections 1 to 7 of the Police Pensions Act 1976f1, and of all other powers enabling them in that behalf and after consultation with the Police Negotiating Board for the United Kingdomf2, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1976 c. 35. Section 1 is amended by section 2(3) of the Police Negotiating Board Act 1980 (c. 10), paragraph 28 of Schedule 7 to the Police Act 1996 (c. 16) and section 1(1) of the Police and Firemen’s Pensions Act 1997 (c. 52); section 7 is amended by paragraph 19 of Part II of Schedule 5 to the Police and Magistrates' Courts Act 1994 (c. 29), paragraph 29 of Schedule 7 to the Police Act 1996 (c. 16), section 1(2) of the Police and Firemen’s Pensions Act 1997 (c. 52), section 78(2)(f) of the Police (Northern Ireland) Act 2000 (c. 32), section 126(1) of and paragraph 6(1) and (2) of Schedule 4 to the Criminal Justice and Police Act 2001 (c. 16) and paragraph 6(1) of Schedule 3 to the International Development Act 2002 (c. 1). The functions of the Secretary of State under the Act as regards Scotland are transferred to Scottish Ministers by article 2 of and Schedule 1 to S.I. 1999/1750. The requirement for consent by the Minister for the Civil Service under section 1 of the Act was transferred to the Treasury by virtue of S.I. 1986/1670 and such consent is not required in the exercise by Scottish Ministers of the transferred functions by virtue of S.I. 1999/1750 and section 63 of the Scotland Act 1998 (c. 46).

f2

See section 2(3) of the Police Negotiating Board Act 1980 (c. 10), which substituted the Police Negotiating Board for the Police Council for the United Kingdom.

Contents

  1. Part 1: GENERAL PROVISIONS
  2. 1Citation, commencement, effect and extent
  3. 2Meaning of certain expressions and references – general provision
  4. 3Meaning of certain expressions in relation to persons who are not members of a home police force
  5. 4Disablement
  6. 5Transfers
  7. Part 2: ELIGIBILITY FOR PENSION AWARDS, PENSIONABLE SERVICE AND RETIREMENT
  8. Eligibility for pension awards
  9. 6Application of Regulations
  10. 7Pension contributions payable by regular police officers
  11. 8Eligibility for pension awards payable on the ground of permanent disablement
  12. 9Election not to pay pension contributions
  13. Pensionable service
  14. 10Reckoning of pensionable service
  15. 11Current service
  16. 12Previous service reckonable without payment
  17. 13Previous service reckonable on payment
  18. 14Reckoning of part-time service
  19. 15Service reckonable by reason of transfer value
  20. 16Reckoning of service for purposes of awards
  21. Retirement
  22. 17Retirement
  23. 18Voluntary retirement
  24. 19Compulsory retirement on account of age
  25. 20Compulsory retirement on grounds of efficiency of the force
  26. 21Compulsory retirement on the ground of disablement
  27. 22Effective date of retirement
  28. Part 3: PENSIONABLE PAY AND CONTRIBUTIONS
  29. 23Pensionable pay
  30. 24Final pensionable pay
  31. 25Average pensionable pay
  32. 26Aggregate pension contributions for purposes of repayment
  33. Part 4: PENSION AWARDS
  34. Personal pensions
  35. 27Police officer’s ordinary pension
  36. 28Calculation of ordinary pension
  37. 29Police officer’s ill-health pension
  38. 30Calculation of standard ill-health pension
  39. 31Calculation of enhanced top-up ill-health pension
  40. 32Police officer’s deferred pension
  41. 33Early payment of deferred pension subject to actuarial reduction
  42. 34Repayment of aggregate pension contributions
  43. 35Deductions of tax from awards under regulation 9(4) or 34
  44. 36Pension debit members – personal awards
  45. 37Exchange of lump sum for additional periodical payments
  46. 38Commutation of small pension for lump sum
  47. Survivors' pensions
  48. 39Survivors' pensions – general provision
  49. 40Survivors
  50. 41Calculation of adult survivors' pensions
  51. 42Calculation of child survivors' pensions
  52. Guaranteed minimum pension
  53. 43Guaranteed minimum pension for the purposes of the Pension Schemes Act 1993
  54. Awards on death – additional provisions
  55. 44Death gratuities – dependants
  56. 45Death gratuity – estate
  57. 46Lump sum death grant
  58. 47Nomination for lump sum death grant
  59. 48Pension debit members – awards on death
  60. 49Prevention of duplication
  61. 50Increase of awards by reference to the Pensions (Increase) Acts
  62. Revision and withdrawal or forfeiture of awards
  63. 51Review and cancellation of pensions payable on the ground of permanent disablement
  64. 52Withdrawal of pension during service as a regular police officer
  65. 53Reduction of pension in case of default
  66. 54Withdrawal of early payment of deferred pension
  67. 55Forfeiture of pension
  68. Part 5: PURCHASE OF INCREASED BENEFITS
  69. 56Election to purchase increased benefits
  70. 57Acceptance and effect of elections
  71. 58Lump sum payments
  72. 59Payment by periodical contributions
  73. 60Reckoning of increased benefits
  74. Part 6: PENSION SHARING: PENSION CREDIT MEMBERS
  75. 61Pension credit member’s entitlement to pension
  76. 62Commutation of the pension credit benefit on the ground of serious ill-health
  77. 63Death grants where pension credit member dies before pension credit benefits payable
  78. 64Application of general regulations
  79. Part 7: MEDICAL QUESTIONS AND APPEALS
  80. Eligibility for awards – general
  81. 65Eligibility for awards – general
  82. Appeals
  83. 66Appeal by a member of a home police force
  84. 67Appeal by inspector of constabulary or police officer engaged on relevant service
  85. 68Limitations on appeals
  86. Decisions on eligibility for pension awards payable on the ground of permanent disablement
  87. 69Reference to selected medical practitioner – eligibility for pension awards payable on the ground of permanent disablement
  88. 70Appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement
  89. Medical questions – permanent disablement
  90. 71Reference of medical questions – permanent disablement
  91. 72Appeal to board of medical referees
  92. 73Further reference to medical authority
  93. 74Procedure and costs on appeals under regulation 72
  94. 75Refusal to be medically examined
  95. Part 8: TRANSFER VALUES, PAYMENT, ETC
  96. Interpretation
  97. 76Interpretation
  98. Certificates of pensionable service on transfer between forces or rejoining the police service
  99. 77Certificates of pensionable service
  100. Transfer values payable on leaving the police service or ceasing to make pension contributions
  101. 78Transfer values payable on leaving the police service or ceasing to make pension contributions
  102. 79Prohibition on accepting or paying transfer values for pension credit rights
  103. Mis-sold pensions
  104. 80Mis-sold pensions
  105. Payment of awards
  106. 81Authorities responsible for payment of awards
  107. 82Funds out of which and into which payments are to be made
  108. 83Payment and duration of awards
  109. 84Payment of awards otherwise than to beneficiary and application of payments
  110. 85Payment on behalf of officers of lifetime allowance charge
  111. 86Reduction of benefits where lifetime allowance charge payable
  112. Part 9: SPECIAL CASES
  113. Alterations in police areas
  114. 87Alterations in police areas
  115. 88Chief constables affected by alterations in police areas
  116. Servicemen
  117. 89Interpretation
  118. 90Awards to servicemen
  119. 91Survivors' awards on death of servicemen
  120. 92Prevention of duplication
  121. 93Application of regulations 44, 45 and 46
  122. 94Servicemen who do not resume service in their former force
  123. 95Pensionable service and pension contributions
  124. Former members of an English or Welsh police force or the Police Service of Northern Ireland
  125. 96Former members of an English or Welsh police force or the Police Service of Northern Ireland
  126. 97Transfer of regular police officer to an English or Welsh police force or the Police Service of Northern Ireland
  127. 98Amendment of the Police (Injury Benefit) (Scotland) Regulations 2007
  128. Signature
  129. Schedule 1GLOSSARY OF EXPRESSIONS
  130. Schedule 2: APPLICATION OF REGULATIONS TO OFFICERS TO WHOM REGULATION 6(2) AND (3) APPLIES
  131. 1Paragraph 1
  132. 2Paragraph 2
  133. 3Paragraph 3
  134. 4Paragraph 4
  135. 5Paragraph 5
  136. 6Paragraph 6
  137. 7Paragraph 7
  138. 8Paragraph 8
  139. 9Paragraph 9
  140. 10Paragraph 10
  141. 11Paragraph 11
  142. 12Paragraph 12
  143. 13Paragraph 13
  144. 14Paragraph 14
  145. Schedule 3: TRANSFER ELECTIONS UNDER REGULATION 6(8)
  146. 1Paragraph 1
  147. 2Paragraph 2
  148. 3Paragraph 3
  149. 4Paragraph 4
  150. 5Paragraph 5
  151. 6Paragraph 6
  152. 7Paragraph 7
  153. 8Paragraph 8
  154. 9Paragraph 9
  155. 10Paragraph 10
  156. 11Paragraph 11
  157. 12Paragraph 12
  158. 13Paragraph 13
  159. 14Paragraph 14
  160. 15Paragraph 15
  161. 16Paragraph 16
  162. 17Paragraph 17
  163. 18Paragraph 18
  164. Schedule 4PROGRESSIVE MEDICAL CONDITIONS
  165. Schedule 5: AMENDMENT OF THE POLICE (INJURY BENEFIT) (SCOTLAND) REGULATIONS 2007
  166. 1Paragraph 1
  167. 2Paragraph 2
  168. 3Paragraph 3
  169. 4Paragraph 4
  170. 5Paragraph 5
  171. 6Paragraph 6
  172. 7Paragraph 7
  173. 8Paragraph 8
  174. 9Paragraph 9
  175. 10Paragraph 10
  176. 11Paragraph 11
  177. 12Paragraph 12
  178. 13Paragraph 13
  179. 14Paragraph 14
  180. 15Paragraph 15
  181. Explanatory note