2004 No. 486
S-1
Citation, commencement and extentCitation, commencement and extent
1.—(1) These Regulations may be cited as the Police Pensions Amendment (Scotland) Regulations 2004.
(2) These Regulations shall come into force on 1st December 2004, except that–
(a)
(a) the amendments made by paragraphs 1, 5, 8 and 14 of the Schedule have effect from 1st April 2003;
(b)
(b) the amendments made by paragraphs 2 and 3 of the Schedule have effect from 25th June 2004;
(c)
(c) the amendment made by paragraph 4 of the Schedule has effect in relation to any period of maternity leave falling on or after 6th April 2003;
(d)
(d) the amendments made by paragraphs 6 and 15 of the Schedule have effect in accordance with Regulation 5; and
(e)
(e) the amendment made by paragraph 12 of the Schedule has effect from 1st April 2002.
(3) These Regulations extend to Scotland only.
Interpretation
2. In these Regulations, unless the context otherwise requires–
“the 1987 Regulations” means the Police Pensions Regulations 1987;
and expressions defined in the 1987 Regulations have the same meaning in these Regulations.
S-3
Amendment of the Police Pensions Regulations 1987
Amendment of the Police Pensions Regulations 1987
3. The 1987 Regulations are amended in accordance with the Schedule to these Regulations.
S-4
Transitional provisions relating to unpaid parental leaveTransitional provisions relating to unpaid parental leave
4.—(1) In a case where the period specified in sub paragraph (a) of regulation F1(1D) of the 1987 Regulations has ended prior to, or shall end within, the period of 3 months beginning with 1st December 2004 (“the commencement date”), that sub-paragraph has effect as if the period within which notice shall require to be given is a period of 3 months beginning with the commencement date:
Provided that where the police authority are satisfied that it was not reasonably practicable for notice to be given within that period, they may at their discretion accept such notice at any time on or prior to 30th November 2005.
(2) In a case where notice is given within the period of 3 months beginning with the commencement date, in accordance with paragraph (1), regulation F1(1D)(d) of the 1987 Regulations has effect as if after “30 months” in paragraph (ii), there is inserted “or such longer period ending not later than 4 years and 6 months after the due date, as the police authority at their discretion may allow”.
S-5
Retrospective effect in certain casesRetrospective effect in certain cases
5.—(1) In relation to a case where a person transferred from the British Transport Police Force to become a regular policeman on or after 1st February 2001, but before 1st December 2004, and either–
(a)
(a) the British Transport Police Force Superannuation Fund has prior to 1st December 2004 paid to the police authority concerned a transfer value in respect of that transfer, and his pensionable service in respect of his former service would if recalculated in accordance with the amendments made by these Regulations, satisfy the condition stated in paragraph (4); or
(b)
(b) no such payment has been made prior to 1st December 2004, but the regular policeman applies in writing to the police authority by 30th November 2005 for such a transfer payment to be accepted, and for the period of pensionable service in respect of his former service to be calculated in accordance with the amendments made by these Regulations,
then paragraphs 6 and 15 of the Schedule to these Regulations have effect in relation to that regular policeman from 1st February 20014.
(2) In relation to a case where–
(a)
(a) a person transferred from the British Transport Police Force to become a regular policeman on or after 30th April 1998, but before 1st February 2001, and either–
(i) the British Transport Police Force Superannuation Fund has prior to 1st December 2004 paid to the police authority concerned a transfer value in respect of that transfer and that policeman applies to that authority by 28th February 2005 for his pensionable service in respect of his former service to be recalculated in accordance with the amendments made by these Regulations, in circumstances where the condition stated in paragraph (4) applies; or
(ii) no such payment has been made prior to 1st December 2004 but the policeman applies to the police authority concerned by 28th February 2005 for such a transfer payment to be accepted and for the period of pensionable service in his former service to be calculated in accordance with the amendments made by these Regulations; and
(b)
(b) the police authority concerned agree to such a recalculation or calculation as the case may be;
then paragraphs 6 and 15 of the Schedule to these Regulations have effect in relation to that regular policeman from 30th April 1998.
(3) In relation to any other case where a person transfers from the British Transport Police Force to become a regular policeman on or after 1st December 2004, paragraphs 6 and 15 have effect from 1st December 2004.
(4) The condition mentioned in paragraphs (1)(a) and (2)(a)(i) is that the period of pensionable service reckonable in respect of the policeman’s former service as a result of recalculation, as if the transfer value had been a transfer payment accepted in accordance with the amendments made by these Regulations, is no less than the period already reckonable.
(5) References in paragraphs (1)(a) and (2)(a)(i) to the recalculation of pensionable service in respect of a regular policeman’s former service include references to a recalculation of any resulting award to him or in respect of him, in accordance with the amendments made by these Regulations, where he has ceased to be a regular policeman, and the reference in paragraph (2)(a)(i) to an application by that policeman shall include an application by or on behalf of the person who is entitled to such an award.
(6) The requirements in paragraphs (1)(b) and (2)(a)(i) and (ii) for an application to be made by a particular date shall be met if–
(a)
(a) the police authority are satisfied that there is good cause why the application could not be made by that date;
(b)
(b) the application is made by such later date as the police authority specify; and
(c)
(c) the administrators of the British Transport Police Force Superannuation Fund agree that the requirement may be met by that later date.
SCHEDULE
Regulations 1, 3, 4 and 5
AMENDMENT OF THE POLICE PENSIONS REGULATIONS 1987
1. In regulation A10(2)(h), after “unpaid maternity leave” insert “or unpaid parental leave”.
2. In regulation A18(1)–
(a) in sub-paragraph (a) (i), after “chief constable” insert “, a deputy chief constable”;
(b) in sub-paragraph (a) (ii), before “superintendent” insert “chief superintendent,”.
3. In regulation B1(2)(b), for “assistant chief constable or commander” substitute “deputy chief constable or assistant chief constable”.
4. In paragraph (c) of the proviso to regulation F1(1), for “18 weeks” substitute “26 weeks”.
5.—(1) After paragraph (d) of the proviso to regulation F1(1), insert the following sub paragraph–
“(da)
“(da) any period of unpaid parental leave taken after 1st April 2003 in respect of which the conditions specified in paragraph (1B) are not satisfied;”.
(2) In regulation F1(1B), after “in sub-paragraph (c)” insert “or (da)”.
(3) In regulation F1(1B)(a), after each occurrence of the word “maternity” insert “or parental”.
(4) In regulation F1(1B)(b), after each occurrence of “unpaid maternity leave” insert “or unpaid parental leave”.
6. In regulation F6, after paragraph (1A) insert the following paragraph–
“1B References in paragraph (1) to a transfer value include references to a transfer payment which has been received under an arrangement with the British Transport Police Force Superannuation Fund in circumstances where the conditions...
