The Police Pension Scheme (Scotland) Amendment Regulations 2017
| Jurisdiction | Scotland |
| Citation | SSI 2017/387 |
| Year | 2017 |
2017 No. 387
Public Service Pensions
The Police Pension Scheme (Scotland) Amendment Regulations 2017
Made 7th November 2017
Laid before the Scottish Parliament 9th November 2017
Coming into force 21th December 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1(1) and (2)(g) and section 3(3)(b) and paragraph 7(b) of schedule 2 of the Public Service Pensions Act 20131and 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.
Citation, commencement and effect
1.—(1) These Regulations may be cited as the Police Pension Scheme (Scotland) Amendment Regulations 2017.
(2) These Regulations come into force on 21st December 2017 but regulations 3(a) and 16 have effect from 1st April 2015.
Amendment of the Police Pension Scheme (Scotland) Regulations 2015
2. The Police Pension Scheme (Scotland) Regulations 20152are amended as follows.
3. In regulation 2 (interpretation)—
(a) in the definition of “index adjustment” in paragraph (a), for “that”, substitute “the previous”; and
(b) after the definition of “sending scheme”, insert—
““shared parental leave” means—
(a) for a person in service in the police force, leave of that description taken in accordance with a determination under regulation 25(7) of the 2013 Regulations;
(b) for any other person, any period of equivalent leave taken by the person;”.
4. 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 20083;”.
5. In regulation 17 (automatic enrolment), in paragraphs (1) and (2)(a) after “day of eligible service”, insert “or on P’s automatic enrolment date”.
6. 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 20104apply 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.”.
7. 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)”.
8. In regulation 22 (opting out before the end of the initial period of eligible service)—
(a) after paragraph (1)(a), delete “or” and insert—
“(aa)
“(aa) before the end of 3 months after the automatic enrolment date (or within any longer period the scheme manager considers appropriate); or”; and
(b) after paragraph (2), insert—
“2A If paragraph (1)(aa) applies, P is taken not to have been in pensionable service under this scheme.”.
9. In regulation 23 (opting out after the initial period of eligible service), after paragraph (1)(b)(i), insert—
“(ia)
“(ia) 3 months or more after P’s automatic enrolment date;”.
10. In regulation 25 (pensionable earnings during a period of assumed pay), in paragraph (2)(a) after “maternity leave,”, insert “paid shared parental leave,”.
11. 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”.
12. In regulation 41 (actuarial reduction on early payment of pension)—
(a) after paragraph (3), insert—
“3A In a case where an active member or a deferred member has after 21st December 2017 transferred under regulation 186 (transfers in) the member’s accrued rights to benefits under another police pension scheme, the early payment reduction is calculated—
(a) by applying, in relation to those accrued rights, the early payment reduction which would have applied if the member had remained in the other police pension scheme; and
(b) in accordance with paragraph (3), in relation to the member’s remaining rights to benefits.”; and
(b) in paragraph (4), after “early payment reduction”, insert “, other than in paragraph (3A)(a),”.
13. 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...
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