The Police Pension Scheme (Scotland) Regulations 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/142 |
| Year | 2015 |
2015 No. 142
Public Service Pensions
The Police Pension Scheme (Scotland) Regulations 2015
Made 24th March 2015
Laid before the Scottish Parliament 26th March 2015
Coming into force 1st April 2015
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1(1) and (2)(g) of, and paragraph 7(b) of Schedule 2 to, 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.
PART 1
Preliminary
Citation and commencement
1. These Regulations may be cited as the Police Pension Scheme (Scotland) Regulations 2015 and come into force on 1st April 2015.
Interpretation
2. In these Regulations—
“the Act” means the Public Service Pensions Act 2013;
“FA 2004” means the Finance Act 20042;
“PA 1995” means the Pensions Act 19953;
“PIA 1971” means the Pensions (Increase) Act 19714;
“PSA 1993” means the Pension Schemes Act 19935;
“WRPA 1999” means the Welfare Reform and Pensions Act 19996;
“the 2013 Regulations” means the Police Service of Scotland Regulations 20137;
“the 1987 scheme” means the scheme constituted by the Police Pensions Regulations 19878;
“1987 transition member” has the meaning given in Schedule 4;
“the 1988 NI Police scheme” means the scheme constituted by the Royal Ulster Constabulary Pensions Regulations 19889;
“the 2006 scheme” means the scheme constituted by the Police Pensions Regulations (Scotland) 200710;
“2006 transition member” has the meaning given in Schedule 4;
“the 2009 NI police pension scheme” means the scheme constituted by the Police Pension (Northern Ireland) Regulations 200911;
“the 2015 NI police pension scheme” means a scheme established under the Public Service Pensions Act (Northern Ireland) 201412for payment of retirement pensions to or in respect of members of the police service in Northern Ireland which comes into force on 1st April 2015;
“the 2015 England and Wales police pension scheme” means the scheme established by the Police Pensions Regulations 201513;
“accrued added pension” means—
(a) accrued added (self only) pension (if any); and
(b) accrued added (all beneficiaries) pension (if any);
“accrued added (all beneficiaries) pension”, for the purpose of calculating the amount of retirement added pension or the provisional amount of deferred added (all beneficiaries) pension, has the meaning given in regulation 36(6);
“accrued added (self only) pension”, for the purpose of calculating the amount of retirement added pension or the provisional amount of deferred added (self only) pension, has the meaning given in regulation 36(5);
“accrued club transfer earned pension”, for the purpose of calculating the amount of retirement earned pension or the provisional amount of deferred club transfer earned pension, has the meaning given in regulation 36(4);
“accrued earned pension” means—
(a) in relation to this scheme—
(i) accrued standard earned pension (if any); and
(ii) accrued club transfer earned pension (if any);
(b) in relation to another pension scheme or the existing police pension scheme, accrued rights to benefits under that scheme derived from—
(i) pension which is earned under that scheme; or
(ii) pension which is attributable to a transfer payment received by that scheme;
“accrued pension” means—
(a) accrued earned pension; and
(b) accrued added pension (if any);
“accrued rights”, in relation to benefits under this scheme, does not include a right to benefits attributable (directly or indirectly) to a pension credit;
“accrued standard earned pension”, for the purpose of calculating the amount of retirement earned pension or the provisional amount of deferred standard earned pension, has the meaning given in regulation 36(3);
“active member”, in relation to this scheme, means a person who is in pensionable service14under this scheme;
“active member’s account” has the meaning given in regulation 46(2);
“actuarial guidance” means guidance given by the Scottish Ministers after consultation with the scheme actuary;
“actuarial reduction” has the meaning given in regulation 41(4) (actuarial reduction on early payment of pension);
“actuarial tables” means tables determined by the Scottish Ministers after consultation with the scheme actuary;
“added pension” means—
(a) added (self only) pension (if any); and
(b) added (all beneficiaries) pension (if any);
“added (all beneficiaries) pension” means added pension payable in respect of a member after the member has died;
“added (self only) pension” means added pension payable to a pensioner member;
“adoption leave” means—
(a) for a person in service in the police force, leave taken in accordance with a determination under regulation 25(8)(c) of the 2013 Regulations; or
(b) for any other person, any period of equivalent leave taken by the person;
“adoption support leave” means—
(a) for a person in service as a member of the police force, leave taken in accordance with a determination under regulation 25(8)(d) of the 2013 Regulations; or
(b) for any other person, any period of equivalent leave taken by the person;
“age addition” has the meaning given in regulation 39(3);
“amount of added pension”, in relation to a scheme year, means an amount calculated in accordance with regulation 49(7);
“amount of credited pension” has the meaning given in regulation 62(5);
“amount of standard earned pension”, in relation to a scheme year, means an amount calculated in accordance with regulation 49(4) (amount of pension for a scheme year);
“annual rate”—
(a) for each description of pension, has the meaning given in Part 7 (retirement benefits); and
(b) in relation to pensionable earnings, means the amount of pensionable earnings payable for a scheme year;
“appeal board” has the meaning given in Schedule 1 (medical decisions: appeals and reconsideration);
“assistant inspector of constabulary” means an assistant inspector of constabulary appointed under section 72 of the Police and Fire Reform (Scotland) Act 201215;
“assumed age addition” has the meaning given in regulation 40(3);
“assumed pay” except as otherwise provided in Part 10 (contributions), means the amount of pensionable earnings an active member of this scheme is taken to receive under regulation 25(2) in respect of a period of assumed pay;
“the beginning date”, in relation to a pension not attributable (directly or indirectly) to a pension credit, means the date on which the pension is deemed to begin for the purpose of section 8(2) of PIA 197116;
“career break”, in relation to a member of this scheme, means a period of unpaid leave whether or not it exceeds 5 years which is agreed by the employer in accordance with a determination under regulation 25(13) of the 2013 Regulations;
“child’s added pension” means a pension payable to an eligible child under regulation 135(4)(d);
“child’s earned pension” means a pension payable to an eligible child under regulation 135(4)(a);
“child’s enhanced upper tier ill-health pension” means a pension payable to an eligible child under regulation 135(4)(c);
“child’s lower tier ill-health pension” means a pension payable to an eligible child under regulation 135(4)(b);
“closing date”, in relation to a transition member, has the meaning given in paragraph 1 of Schedule 4 (transitional provisions);
“club scheme” has the meaning given in Part 11 (transfers);
“club transfer arrangements” has the meaning given in Part 11;
“club transfer earned pension” means pension attributable to receipt of a club transfer value payment;
“club transfer value” has the meaning given in Part 11;
“club transfer value payment” has the meaning given in Part 11;
“the commutation amount” means the amount of pension exchanged for a lump sum as a result of the exercise of the option to exchange part of a pension for a lump sum—
(a) exercisable under regulation 114 (option to commute part of a pension) in relation to a retirement pension; or
(b) exercisable under regulation 121 (option for pension credit member to commute part of pension) in relation to a pension credit member’s pension;
“connected scheme” means another statutory pension scheme that is connected, within the meaning of section 4(6) of the Act, with this scheme;
“continuity of service”—
(a) in relation to service in the 1987 scheme and this scheme, has the meaning given in paragraph 4 of Schedule 4; and
(b) in relation to service in the 2006 scheme and this scheme, has the meaning given in paragraph 5 of that Schedule;
“continuous period of pensionable service”, in relation to this scheme, means a period of pensionable service under this scheme disregarding any gap in service not exceeding 5 years;
“death benefits” means benefits payable under Part 9 (death benefits);
“death gratuity” means a gratuity paid under Chapter 8 of Part 9 (death benefits);
“deferred member”, in relation to this scheme, has the meaning given in regulation 34;
“deferred member’s account” has the meaning given in regulation 55(3);
“description of accrued pension” means accrued pension of a description mentioned in regulation 35;
“description of deferred added pension” means—
(a) deferred added (all beneficiaries) pension; or
(b) deferred added (self only) pension;
“description of deferred earned pension” means—
(a) deferred standard earned pension;
(b) deferred club transfer earned pension;
“description of deferred pension” means—
(a) deferred standard earned pension;
(b) deferred club transfer earned pension;
(c) deferred added (all beneficiaries) pension; or
(d) deferred added (self only) pension;
“description of pension” means—
(a) standard earned pension;
(b) transferred pension;
(c) club transfer earned pension;
(d) added (all beneficiaries) pension; or
(e) added (self only) pension;
“dual...
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