The Police Pensions (Scotland) Regulations 2007
| Jurisdiction | Scotland |
| Citation | SSI 2007/201 |
| Year | 2007 |
2007 No. 201
PENSIONS
The Police Pensions (Scotland) Regulations 2007
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 19761, and of all other powers enabling them in that behalf and after consultation with the Police Negotiating Board for the United Kingdom2, hereby make the following Regulations:
PART 1
GENERAL PROVISIONS
Citation, commencement, effect and extent
1.—(1) These Regulations may be cited as the Police Pensions (Scotland) Regulations 2007 and come into force on 30th March 2007 but have effect from 6th April 20063subject to paragraph (2).
(2) The following regulations have effect from 30th March 2007–
(a)
(a) regulation 13(3)(b); and
(b)
(b) regulation 78(7).
(3) These Regulations extend to Scotland only.
Meaning of certain expressions and references – general provision
2. In these Regulations–
(a) the expressions contained in the glossary set out in Schedule 1 shall be construed as provided in that Schedule;
(b) any reference to a member of a police force, however expressed, includes a reference to a person who has been such a member; and
(c) any reference to an award, however expressed, is a reference to an award under these Regulations.
Meaning of certain expressions in relation to persons who are not members of a home police force
3.—(1) For the purposes of these Regulations, an inspector of constabulary or a police officer engaged on relevant service shall be deemed to be a member of a home police force; and any reference to such a person transferring from one force to another, however expressed, shall be construed accordingly.
(2) In relation to an inspector of constabulary or an officer engaged on relevant service, any reference in these Regulations to the police authority shall be construed as a reference to the Scottish Ministers.
Disablement
4.—(1) A reference in these Regulations to a person being permanently disabled is to be taken as a reference to that person being disabled at the time when the question arises for decision and to that disablement being at that time likely to be permanent.
(2) For the purposes of deciding if a person’s disablement is likely to be permanent, that person shall be assumed to receive normal appropriate medical treatment for the disablement, and in this paragraph “appropriate medical treatment” shall not include medical treatment that it is reasonable in the opinion of the police authority for that person to refuse.
(3) Subject to paragraph (4), disablement means inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a member of a police force or, as the case may be, to engage in any regular employment otherwise than as a regular police officer, except that in relation to a child survivor or an adult survivor of a member of a police force it means inability, occasioned by infirmity of mind or body, to earn a living.
(4) Where a person has retired or otherwise ceased to serve as a regular police officer before becoming disabled and the date on which that person becomes disabled cannot be ascertained, it shall be taken to be the date on which the claim that that person is disabled is first made to the police authority.
(5) In this regulation, “infirmity” means a disease, injury or medical condition, and includes a mental disorder, injury or condition.
Transfers
5. A reference to a regular police officer transferring from one force to another shall be construed as a reference to a regular police officer–
(a) leaving a home police force for the purpose of joining another home police force as a regular police officer and joining that other force in that capacity, where–
(i) not being the chief constable of, or a constable on probation in, the force first mentioned in this paragraph, the person leaves that force after giving a month’s notice in writing of their intention to do so to the police authority of that force, or such shorter period of notice as may have been accepted by that authority; or
(ii) being the chief constable of, or a constable on probation in, that force, the person leaves that force with the written consent of the chief constable or, in the case of the chief constable, of the police authority of that force; or
(b) at the end of a period of relevant service joining another home police force as a regular police officer subject, in the case of a person who was, at the time they left the home police force in which that person was serving immediately before engaging on that period of relevant service, the chief constable of that force, to their doing so with the written consent of the police authority of that force.
PART 2
ELIGIBILITY FOR PENSION AWARDS, PENSIONABLE SERVICE AND RETIREMENT
Eligibility for pension awards
Application of Regulations
6.—(1) These Regulations shall apply to a regular police officer who first became such on or after 6th April 2006.
(2) These Regulations shall also apply, subject to and in accordance with the provisions of Schedule 2, to a regular police officer who–
(a)
(a) first became such before 6th April 2006 and retired or otherwise ceased to serve–
(i) with no entitlement to an award under the 1987 Regulations;
(ii) with an entitlement to an award by way of repayment of their aggregate pension contributions under regulation B6 of those Regulations;
(iii) with an entitlement to an ordinary pension under regulation B1 of those Regulations, a short service award under regulation B2 of those Regulations or an entitlement to a deferred pension under regulation B5 of those Regulations and, in any of those cases, the award is in payment (otherwise than where the deferred pension is in payment due to permanent disablement);
(iv) with an entitlement to an ordinary pension under regulation B1 of those Regulations or a deferred pension under regulation B5 of those Regulations and in either case the pension is not in payment; or
(v) with an entitlement to an ill-health award under regulation B3 of those Regulations or with an entitlement to a deferred pension under regulation B5 of those Regulations where the pension is in payment due to permanent disablement (whether the deferred pension came into payment immediately on retirement or ceasing to serve or on some later date);
(b)
(b) at the date of such retirement or otherwise ceasing to serve was entitled to reckon less than 30 years' pensionable service under the 1987 Regulations; and
(c)
(c) has, on or after 6th April 2006, rejoined the force in which that person was serving immediately before their retirement or otherwise ceasing to serve, or joined another force, otherwise than—
(i)
(i) pursuant to regulation K1 of the 1987 Regulations where that person had not made an election under regulation G4(1) of those Regulations which was in effect immediately before their retirement;
(ii) pursuant to regulation K1 of the 1987 Regulations where that person retired before 6th April 2006 and they had made an election under regulation G4(1) of those Regulations which had not been cancelled before their retirement; or
(iii) upon reinstatement following a successful appeal against dismissal or requirement to resign where that person had not made an election under regulation G4(1) of the 1987 Regulations which was in effect immediately before their dismissal or requirement to resign.
(3) These Regulations shall also apply, subject to and in accordance with the provisions of paragraph (4), to a regular police officer who–
(a)
(a) first became such before 6th April 2006;
(b)
(b) was in service as such immediately before and on the said date; and
(c)
(c) either–
(i) had made an election under regulation G4(1) of the 1987 Regulations which had not been cancelled before that date; or
(ii) on or after 6th April 2006 makes an election under that provision.
(4) In the case of an officer such as is mentioned in paragraph (3)–
(a)
(a) the election mentioned in paragraph (3)(c)(i) shall, as from 6th April 2006, continue to have effect as if it had been made on that date under regulation 9(1), or as the case may be; or
(b)
(b) the election mentioned in paragraph (3)(c)(ii) shall have effect from the date on which it is made as if it had been made under regulation 9(1); and
(c)
(c) in either case, the officer may accordingly cancel the election in accordance with regulation 9(5), in which case the officer shall become eligible for awards to be payable to or in respect of that officer under these Regulations, subject to paragraph 9 of Schedule 2.
(5) This paragraph applies to a regular police officer who cancels an election in the circumstances mentioned in paragraph (4) and who has an entitlement to an ordinary pension under regulation B1 of the 1987 Regulations or a deferred pension under regulation B5 of those Regulations and in either case the pension is not in payment.
(6) This paragraph applies to a regular police officer–
(a)
(a) by whom pension contributions were payable under regulation G2 of the 1987 Regulations as at 6th April 2006 (or would have been payable but for that officer’s dismissal or requirement to resign and subsequent reinstatement following a successful appeal against that dismissal or requirement to resign);
(b)
(b) who continues to serve as such during the...
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