The Police Pensions Amendment (Scotland) Regulations 2005
| Jurisdiction | Scotland |
| Citation | SSI 2005/200 |
| Year | 2005 |
2005 No. 200
PENSIONS
The Police Pensions Amendment (Scotland) Regulations 2005
Made 30th March 2005
Laid before the Scottish Parliament 31th March 2005
Coming into force 3rd May 2005
The Scottish Ministers, in exercise of the powers conferred by section 1 of the Police Pensions Act 19761, and of all other powers enabling them in that behalf, after consultation with the Police Negotiating Board for the United Kingdom2, hereby make the following Regulations:
Citation, commencement, extent and effect
1.—(1) These Regulations may be cited as the Police Pensions Amendment (Scotland) Regulations 2005.
(2) These Regulations shall come into force on 3rd May 2005, and shall have effect from 1st October 2004.
(3) These Regulations extend to Scotland only.
Amendment of the Police Pensions Regulations 1987
2.—(1) The Police Pensions Regulations 19873shall be amended in accordance with this Regulation.
(2) In regulation B1(5) (policeman’s ordinary pension) after “permanently disabled” insert “and he is not ineligible under regulations G7 (eligibility for pension awards payable on the ground of permanent disablement) and G8 (appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement) for a pension award payable on the ground of permanent disablement”.
(3) In regulation B3(1) (policeman’s ill health award) after “preceding his retirement” insert “or to a regular policeman who under regulations G7 and G8 is ineligible for a pension award payable on the ground of permanent disablement.”
(4) In regulation B5(4)(a) (policeman’s deferred pension) after “permanently disabled” insert “and he is not ineligible under regulations G7 and G8 for a pension award payable on the ground of permanent disablement”.
(5) For regulation G2(1) (pension contributions payable by regular policeman) substitute–
“1 Subject to paragraph (3), a regular policeman shall pay to the police authority pension contributions at the rate of 1 pence a week less than–
(a) in a case where he is ineligible under regulation G7 or G8 for a pension award payable on the ground of permanent disablement, 7_ per cent of his pensionable pay; and
(b) in any other case, 11 per cent of his pensionable pay.”.
(6) In regulation G4(5) (election not to pay pension contributions)–
(a)
(a) at the end of sub paragraph (ii) insert “; and”;
(b)
(b) after sub paragraph (ii) insert–
“(iii)
“(iii) a regular policeman in respect of whom it is finally determined, following a medical examination under regulation G7 or G8, that the likely cost of providing him with the benefits under these Regulations is disproportionately high, shall be entitled to cancel his election under paragraph (1) only on the basis that he shall not be eligible to receive pension awards payable on the ground of permanent disablement.”.
(7) After regulation G6 insert–
“Eligibility for pension awards payable on the ground of permanent disablement
G7.—(1) A person to whom this regulation applies, shall, if required by the police authority for that force, submit to an examination by a duly qualified medical practitioner selected by the authority (“the selected medical practitioner”) in order that the authority may determine his eligibility to receive pension awards payable on the ground of permanent disablement.
(2) This regulation applies to–
(a)
(a) a candidate for appointment to a police force (other than on transfer from another force), and
(b)
(b) a regular policeman who seeks under regulation G4(5) (election not to pay pension contributions) to cancel his election that regulation G2(1) (pension contributions payable by regular policeman) shall not apply in his case.
(3) The selected medical practitioner shall report to the police authority his opinion on the likelihood and likely timing of that person becoming permanently disabled for the performance of his duty, and such a report shall, subject to an appeal under this regulation, be final.
(4) A copy of any such report shall be supplied to the person who is the subject of that report, at his request.
(5) The police authority shall determine, by applying the opinion of the selected medical practitioner and advice from the Government Actuary, whether the risk presented by that person that he will retire on the ground that he is permanently disabled is such that the likely cost of providing him with benefits under these Regulations is disproportionately high.
(6) The likely cost of providing a person with benefits under these Regulations shall be assessed as disproportionately high if it is more than 50% greater than the likely cost of providing such benefits to a person who does not have an...
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