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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2005 No. 495

PENSIONS

The Police Pensions (Part-time Service) Amendment (Scotland) Regulations 2005

  Made 6th October 2005 
  Laid before the Scottish Parliament 7th October 2005 
  Coming into force 14th November 2005 

The Scottish Ministers, in exercise of the powers conferred by section 1 of the Police Pensions Act 1976[1], and of all other powers enabling them in that behalf and after consultation with the Police Negotiating Board for the United Kingdom[2], hereby make the following Regulations:

Citation, commencement, effect and extent
     1. —(1) These Regulations may be cited as the Police Pensions (Part time Service) Amendment (Scotland) Regulations 2005.

    (2) These Regulations come into force on 14th November 2005 but regulation 2, insofar as it relates to paragraphs 2 to 7 of Schedule 1, and regulations 4 and 5 have effect from 1st July 1992[
3].

    (3) These Regulations extend to Scotland only.

Amendment of the Police Pensions Regulations 1987
     2. The Police Pensions Regulations 1987[4] are amended in accordance with Schedule 1 to these Regulations.

Amendment of the Police Pensions (Purchase of Increased Benefits) Regulations 1987
     3. The Police Pensions (Purchase of Increased Benefits) Regulations 1987[5] are amended in accordance with Schedule 2 to these Regulations.

Interest on late payments
     4. Where all or part of a sum–

the police authority in question shall pay the amount or additional amount of pension benefit payable together with interest from the date payment was due calculated at the rate of 5 per cent per year, compounded with yearly rests.

Commutation of late payments
    
5. Any notice of commutation under regulation B7 of the Police Pensions Regulations 1987 in respect of a sum which becomes payable–

shall be given within six months of the date on which these Regulations come into force.


GEORGE LYON
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
6th October 2005



SCHEDULE 1
Regulation 2


AMENDMENTS OF THE POLICE PENSIONS REGULATIONS 1987


Payments to enhance widowers' awards

     1. —(1) Regulation G6 (payments by women members to enhance widowers' awards) is amended as follows.

    (2) In paragraph (4) for "by reference" onwards substitute–

    (3) After paragraph (4A) insert–

    (4) After paragraph 13 insert–

Ordinary and short service pensions

     2. —(1) For Parts I and II of Schedule B substitute–



Ill-health pensions

     3. —(1) Part III of Schedule B (policeman's ill-health pension) is amended as follows.

    (2) In paragraph 1 for "shall be determined" onwards substitute–

    (3) After paragraph 4 insert–

    (4) The provisions of paragraph 5 are to become sub paragraph (1) of that paragraph and after "paragraph 3 or 4" insert "or the formula in paragraph 4A or 4B".

    (5) After that sub paragraph insert–

    (6) After paragraph 5 insert–

Injury awards

     4. —(1) Part V of Schedule B (policeman's injury award) is amended as follows.

    (2) In paragraph 1 for "and shall be" onwards substitute–

    (3) After paragraph 1 insert–

    (4) In paragraph 2 for "shall be of the amount" to the end of that paragraph substitute–

    (5) After paragraph 2 insert–

    (6) In paragraph 3(1) for "by reference" onwards substitute "by reference to this Schedule".

    (7) After paragraph 6 insert–

Deferred pensions

     5. —(1) In Part VI of Schedule B for paragraph 1A substitute–

    (2) Omit paragraph 8A of Part I of Schedule J (part time service).

    (3) Omit "paragraph 1 of" in paragraph 3(2) of Part IV of Schedule J (periods to be completed in half years).

Entitlements by reference to pensionable service

     6. —(1) Paragraph 8 of Part IV of Schedule J (part time service) is amended as follows.

    (2) After sub paragraph (1) insert–

    (3) Insert "Subject to sub paragraph (1A)," at the beginning of sub paragraph (2).

    (4) After sub paragraph (2) insert–

     7. —(1) Paragraph 4 of Part VI of Schedule J (part time service) is amended as follows.

    (2) After sub paragraph (2) insert–



SCHEDULE 2
Regulation 3


AMENDMENTS OF THE POLICE PENSIONS (PURCHASE OF INCREASED BENEFITS) REGULATIONS 1987


     1. In regulation 7–

     2. After regulation 7 insert–

     3. In regulation 8(1)(a) after "or" insert "failed to pay the whole or part of a lump sum payment on those grounds under that regulation, or".

     4. In paragraph 1(2) of the Schedule (lump sum payments) after the definition of "his age" insert–

     5. In paragraph 2 of the Schedule (payment of periodical contributions), after sub paragraph (2) insert–

     6. After paragraph 3 of the Schedule insert–



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Police Pensions Regulations 1987 and the Police Pensions (Purchase of Increased Benefits) Regulations 1987 as they apply in Scotland. The amendments make provision for part time police officers' pension benefits to be calculated as if they had been full-time officers, and then pro-rated for periods of part time service. This replaces the previous basis of calculation under which part time working counted as pensionable service on the basis of the actual hours served. This disadvantaged part time officers because under the Police Pension Scheme reckonable service is accrued at a faster rate after 20 reckonable years; therefore, it would have taken part time workers longer to reach the 20 reckonable years' threshold.

Regulation 1 provides that the amendments in relation to ordinary and short service pensions, ill-health pensions, injury awards, deferred pensions and dependants' pensions are backdated to 1st July 1992, the date on which part time service was introduced in the police service. Retrospective effect is permitted by section 1(5) of the Police Pensions Act 1976

Regulation 2 and Schedule 1 make provision for the entitlement of part time officers to various awards to be calculated on the new basis described above. The position of officers is protected against the possibility that their entitlement to an ill-health pension (in the case of serving and former officers) or an injury award (in the case of former officers only) might be less than it would have been before these Regulations were made.

Regulation 3 and Schedule 2 provide that payments by part time officers who purchase increased benefits (either through a lump sum or periodical payments) will be up-rated, unless they elect otherwise. Previously part time officers effectively paid lower contributions than full time officers for an entitlement to the same level of benefit.

Regulation 4 provides for interest to be payable on entitlements to members of the Police Pension Scheme which arise under the back dating provisions of these Regulations.

Regulation 5 imposes a limit on the time within which a person entitled to a sum under the back dating provisions of these Regulations may commute that for a lump sum payment.


Notes:

[1] 1976 (c.35) ("the Act"). Section 1 is amended by section 2(3) of the Police Negotiating Board Act 1980 (c.10), section 103 and paragraph 28 of Schedule 7 to the Police Act 1996 (c.16) and section 1(1) of the Police and Firemen's Pensions Act 1997 (c.52). These powers are extended by section 42 of the Welfare Reform and Pensions Act 1999 (c.30). The functions of the Secretary of State under the Act as regards Scotland are transferred to the Scottish Ministers by S.I. 1999/1750 article 2, Schedule 1. The requirement for consent by the Minister for the Civil Service under section 1 of the Act was transferred to the Treasury by virtue of S.I. 1981/1670, and such consent is not required in the exercise by the Scottish Ministers of the transferred functions by virtue of S.I. 1999/1750 and section 63 of the Scotland Act 1998 (c.46).back

[2] See section 2(3) of the Police Negotiating Board Act 1980 (c.10), which substituted the Police Negotiating Board for the United Kingdom for the Police Council for the United Kingdom.back

[3] This is the date on which part-time service was introduced under amendments to the Police Regulations 1987 (S.I. 1987/257). Retrospective effect is permitted by section 1(5) of the Police Pensions Act 1976.back

[4] S.I. 1987/257; relevant amendments were made by S.I. 1987/341 and 1987/2215, 1988/1339, 1989/733, 1990/805, 1991/1517, 1992/1343, 1992/2349, 1994/641, 1996/867, 1997/1429, 1998/577, 2001/1549, 2001/3888, 2002/2529, 2002/3202, 2003/27, 2004/1760 and 2004/2354 and S.S.I. 2000/193, 2001/459, 2003/406, 2004/486 and 2005/200.back

[5] S.I. 1987/2215; relevant amendments were made by S.I.1990/805 and S.S.I.2001/461 and 2005/200.back

[6] S.I. 1991/1304.back



ISBN 0 11 069743 X


 © Crown copyright 2005

Prepared 13 October 2005


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URL: http://www.bailii.org/scot/legis/num_reg/2005/20050495.html