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 1976[^f00001], and of all other powers enabling them in that behalf and after consultation with the Police Negotiating Board for the United Kingdom[^f00002], hereby make the following Regulations:

PART 1 — GENERAL PROVISIONS

Citation, commencement, effect and extent

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• (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 2006[^f00003] subject to paragraph (2).

• (2) The following regulations have effect from 30th March 2007–

• (a) regulation 13(3)(b); and

• (b) regulation 78(7).

• (3) These Regulations extend to Scotland only.

Meaning of certain expressions and references – general provision

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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

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• (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

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• (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

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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

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• (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) 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) 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) 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) 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) first became such before 6th April 2006;

• (b) was in service as such immediately before and on the said date; and

• (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) 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) 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) 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) 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) who continues to serve as such during the period beginning on that date and ending on the date of that officer’s transfer election under paragraph (8) (or who would have continued to serve as such during that period but for that officer’s dismissal or requirement to resign and subsequent reinstatement following a successful appeal against that dismissal or requirement to resign); and

• (c) who does not, during the period mentioned in sub-paragraph (b), make an election under regulation G4 (1) of the 1987 Regulations.

• (7) This paragraph applies to a regular police officer such as is mentioned in paragraph (5) who cancels an election in the circumstances mentioned in paragraph (4) on a date before the expiry of the period of 3 months determined by the Scottish Ministers under paragraph 1 of Schedule 3, or such longer period as the police authority may, by reason of exceptional circumstances in that officer’s case, in their discretion allow.

• (8) A regular police officer–

• (a) to whom these Regulations apply by virtue of paragraph (2)(a)(ii), (iv) or (v);

• (b) to whom paragraph (6) or (7) applies; or

• (c) who, on or after 6th April 2006, rejoined the force in which that officer was serving immediately before that officer’s retirement pursuant to regulation K1 of the 1987 Regulations and who either had not made an election under regulation G4(1) of those Regulations which was in effect immediately before that officer’s retirement or who retired before 6th April 2006 and had made an election under regulation G4(1) of those Regulations which had not been cancelled before that officer’s retirement,

may make an election for the pensionable service that officer is entitled to reckon under those Regulations to be reckoned as pensionable service for the purposes of these Regulations (“a transfer election”) subject to and in accordance with the provisions of Schedule 3.

• (9) Where a regular police officer to whom paragraph (6) applies or is such as is mentioned in paragraph (8)(c) makes a transfer election, these Regulations shall apply to that officer who shall become eligible for awards to be payable to or in respect of that officer under these Regulations.

Pension contributions payable by regular police officers

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• (1) Subject to paragraph (3), a regular police officer shall pay to the police authority pension contributions at the rate of–

• (a) in a case where the officer is ineligible under regulation 8 for a pension award payable on the ground of permanent disablement, 6 per cent of that officer’s pensionable pay; and

• (b) in any other case, 9.5 per cent of that officer’s pensionable pay.

• (2) The pension contributions payable under paragraph (1) upon each instalment of pay shall fall due at the same time as the instalment and may, without prejudice to any other method of payment that may be agreed by the police authority in exceptional circumstances, be discharged by way of a deduction of the appropriate amount made by the police authority from the instalment.

• (3) Paragraph (1) shall not apply in the case of a regular police officer who has made an election under regulation 9 which is, for the time being, in effect.

Eligibility for pension awards payable on the ground of permanent disablement

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• (1) This regulation applies to–

• (a) a candidate for appointment to a police force (otherwise than on transfer from another force); and

• (b) a regular police officer who seeks under regulation 9(5) to cancel that officer’s election that regulation 7(1) shall not apply in that officer’s case.

• (2) A person to whom this regulation applies shall, if required by the police authority in question, submit to an examination by a duly qualified medical practitioner selected by the authority (“the selected medical practitioner”) in accordance with regulation 69 in order that the authority may determine that officer’s eligibility to receive pension awards payable on the ground of permanent disablement.

• (3) The police authority shall determine, by applying the opinion of the selected medical practitioner as set out in the selected medical practitioner’s report and advice from the Scheme actuary, whether the risk presented by that person that that person will retire on the ground that that person is permanently disabled is such that the likely cost of providing that person with benefits under these Regulations is disproportionately high.

• (4) The determination of the police authority under paragraph (3) shall be subject to appeal by that person in accordance with regulation 70; and upon receipt of the final revised report or written statement of opinion prepared in accordance with that regulation, the police authority shall redetermine, by applying the opinion set out in the final revised report or written statement of opinion, and advice from the Scheme actuary, whether the risk presented by that person that that person will retire on the ground that that person is permanently disabled is such that the likely cost of providing that person with benefits under these Regulations is disproportionately high.

• (5) The likely cost of providing a person with benefits under these Regulations shall be assessed as disproportionately high if it is more than 50 per cent greater than the likely cost of providing such benefits to a person who does not have an identified risk of retirement on that ground.

• (6) A person who it is determined under paragraph (3) or (4) presents such a risk shall, in accordance with these Regulations, be ineligible for pension awards payable on the ground of permanent disablement.

• (7) A police authority may in accordance with this regulation determine the eligibility of a person–

• (a) to whom this regulation applies by virtue of paragraph (1)(a) who was previously ineligible for pension awards payable on the ground of permanent disablement under this regulation or under regulation G7 of the 1987 Regulations; or

• (b) to whom this regulation applies by virtue of paragraph (1)(b) who was ineligible for pension awards payable on the ground of permanent disablement under regulation G7 of the 1987 Regulations, on the date of the election which the person is now seeking to cancel under regulation 9(5) of these Regulations,

to receive pension awards payable on the ground of permanent disablement; and in which case, that person shall submit to an examination as set out in paragraph (2).

• (8) If a person mentioned in paragraph (7) is eligible to receive pension awards following a determination of the police authority under paragraph (3) or (4) (as applicable), that person shall be so eligible from the date of that determination:

Election not to pay pension contributions

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• (1) A regular police officer may at any time elect that regulation 7(1) shall not apply in that officer’s case by notice in writing given to the police authority.

• (2) Subject to paragraph (3), the date on which an election under paragraph (1) takes effect shall be the date on which an instalment of pay next falls due to that officer after the receipt of notice under paragraph (1).

• (3) In the case of a regular police officer who has given notice under paragraph (1) within 3 months of the date on which that officer last became such and to whom regulation 15 does not apply, that officer’s election under that paragraph shall be deemed to have taken effect on that date.

• (4) In a case falling within paragraph (3), the police authority shall subject to regulation 35, pay to the regular police officer in question a sum equal to the sum of the pension contributions paid by that officer since the date on which the election is deemed to have taken effect.

• (5) A regular police officer who has made an election under paragraph (1) may cancel such election by notice in writing given to the police authority and the election shall cease to have effect as from the date on which an instalment of pay next falls due to that officer after the receipt of such notice :

Pensionable service

Reckoning of pensionable service

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• (1) The pensionable service reckonable by a regular police officer at any date (in these Regulations referred to as the “relevant date”) shall be determined in accordance with the succeeding provisions of these Regulations:

Provided that there shall not be reckonable by a regular police officer–

• (a) any period of unpaid maternity leave (not being a period which falls within the first 26 weeks of any period of maternity leave taken by a person in respect of whom no election under regulation 9 was effective immediately before the commencement of that period of unpaid maternity leave) or of unpaid parental leave in respect of which the conditions specified in paragraph (2) are not satisfied;

• (b) any period of unpaid sick leave in respect of which the conditions specified in paragraph (2) and the additional condition specified in paragraph (3) are not satisfied; or

• (c) any other period of unpaid leave.

• (2) The conditions referred to in sub-paragraphs (a) and (b) of the proviso to paragraph (1) are that the person concerned–

• (a) was serving as a regular police officer during the period immediately preceding a period of maternity leave, parental leave, or sick leave which includes the period of unpaid maternity leave, unpaid parental leave, or unpaid sick leave in question and no election under regulation 9 was effective in respect of that person immediately before the commencement of that period of unpaid leave;

• (b) in accordance with the provisions of paragraph (4) pays to the police authority a sum equal to the sum of the pension contributions which would have been payable for the period of unpaid maternity leave, unpaid parental leave, or unpaid sick leave in question if that person’s notional pensionable pay during that period had been at the same rate as that person’s pensionable pay (including any statutory maternity pay payable to a woman under the Social Security Contributions and Benefits Act 1992[^f00004]) immediately before the commencement of the period of unpaid maternity leave, unpaid parental leave, or unpaid sick leave which constituted or included the period in question.

• (3) The additional condition referred to in sub-paragraph (b) of the proviso to paragraph (1) is that the period of unpaid sick leave in question does not exceed 6 months and, when aggregated with any other period or periods of unpaid sick leave which fulfils, or all of which fulfill, the conditions specified in paragraph (2)(a) and (b), does not exceed 12 months.

• (4)

• (a) The person concerned shall, by notice in writing given to the police authority within a period ending–

• (i) 3 months after the day on which the period of leave which constitutes or includes the period of unpaid leave in question ended; or

• (ii) on the day, if earlier, on which the person last serves as a regular police officer,

inform the police authority that that person wishes to make the payment referred to in paragraph (2)(b) and in respect of which period of leave, and which method of payment under sub paragraph (c) that person elects to use:

Provided that, where the person concerned dies before the end of the period specified in this sub-paragraph without having given such notice, notice shall be deemed to have been given in respect of any period of leave which would otherwise be reckonable by that person under this regulation and the person concerned shall be deemed to have elected to make payment by way of instalments under sub-paragraph (c);

• (b) On receipt of the notice referred to in sub-paragraph (a) the police authority shall calculate the amount due under paragraph (2)(b) and give written notice of that amount to the person concerned;

• (c) Payment under paragraph (2)(b) may be made by the person concerned either by way of a lump sum or by instalments on the same dates as pension contributions are payable by that person under regulation 7:

Provided that where the person concerned has elected to make payment by way of instalments under this sub-paragraph, the balance due after the payment of any of those instalments may be paid by way of a lump sum equal to that balance at any time before the due date (as defined in sub-paragraph (d));

• (d) The total amount due under paragraph (2)(b) shall be paid no later than 6 months after the person concerned is notified by the police authority as to the amount payable or, if that person retires or otherwise ceases to serve as a regular police officer before the expiry of that period, before the date on which that person retires or so ceases to serve (“the due date”):

Provided that, in a case where the person concerned retires or otherwise ceases to serve as a regular police officer before the total amount due has been paid under this sub-paragraph, any lump-sum payment made within 2 months of retiring or so ceasing to serve or of receiving notification from the police authority as to the amount payable, whichever is the later, shall be deemed to have been made by the due date;

• (e) Where the person concerned has not paid the full amount due in accordance with the foregoing provisions of this paragraph, the proportion of the unpaid leave in question which shall be reckonable as pensionable service shall be the same proportion as the amount which has been so paid bears to the total amount due:

Provided that where the person concerned dies before the due date there shall be reckonable the full period of unpaid leave in question notwithstanding that the amount due has, in full or in part, not been paid in accordance with the provisions of sub paragraphs (c) and (d);

• (f) A regular police officer shall be treated, for the purposes of calculating any award under these Regulations, as having made pension contributions throughout any period or periods of unpaid leave reckonable as pensionable service by virtue of payments made in accordance with this paragraph and any such period or periods shall be treated for those purposes as part of a continuous period ending with the last day of unpaid leave during the period of service as a regular police officer of the person concerned.

Current service

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• (1) Subject to the provisions of these Regulations, there shall be reckonable as pensionable service by a regular police officer in respect of that officer’s service as such in the force in which the officer is or was serving on the relevant date, being service since the officer last joined or rejoined that force before that date, all such service:

Previous service reckonable without payment

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• (1) There shall be reckonable by a regular police officer as pensionable service–

• (a) where from being a regular police officer in another force the officer transferred to the force in which the officer is or was serving on the relevant date, any period of pensionable service reckonable by that officer immediately before the transfer;

• (b) where the officer previously retired from a police force upon becoming entitled to a pension on the ground of disablement under regulation 21 and, following termination of that pension under regulation 51(5), (6) or (7), has rejoined that force or become a regular police officer in another force in which the officer is or was serving on the relevant date, any period of pensionable service which was reckonable by that officer immediately before that officer so retired;

• (c) where the officer previously ceased to serve in a police force as a regular police officer with an entitlement to a deferred pension which has not come into payment and has subsequently rejoined that force or become a regular police officer in another force in which the officer is or was serving on the relevant date, any period of pensionable service reckonable by that officer immediately before that officer so ceased to serve; and

• (d) where that officer previously ceased to serve in a police force as a regular police officer with an entitlement to a deferred pension which, in accordance with regulation 32, came into payment early on the ground of permanent disablement for engaging in any regular employment and that officer’s pension has been terminated upon that officer rejoining that officer’s force or joining another force under regulation 51(5), any period of pensionable service reckonable by that officer immediately before that officer so ceased to serve:

Previous service reckonable on payment

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• (1) There shall be reckonable by a regular police officer as pensionable service, in the circumstances specified in this regulation, the periods so specified before that officer last joined or rejoined the force before the relevant date, subject to that officer having made to the police authority the appropriate payment in accordance with the provisions of paragraph (6).

• (2) Where the officer previously ceased to serve as a regular police officer without the payment of a pension or a transfer value (and without entitlement to a deferred pension) and has rejoined that officer’s force or become a regular police officer in another force in which the officer is or was serving on the relevant date the period shall be any period of pensionable service reckonable by that officer at the time they so ceased to serve.

• (3) In a case falling within paragraph (2), the amount of the appropriate payment shall be–

• (a) a sum equal to any award by way of repayment of aggregate pension contributions which the officer may have received on so ceasing to serve; and

• (b) where the appropriate payment is made more than a year after receipt of any such award, interest from the date of receipt of the award calculated at the rate of 5 per cent per year, compounded with yearly rests.

• (4) The person concerned shall, by notice in writing given to the police authority within a period ending–

• (a) 6 months (or such longer period as the police authority in their discretion may allow) after the date on which the officer joined or rejoined the force in which the officer is serving on the relevant date; or

• (b) on the day, if earlier, on which the officer last serves as a regular police officer,

inform the police authority that that officer wishes to make the payment referred to in paragraph (1):

Provided that, where the person concerned dies before the end of the period specified in this paragraph without having given such notice, they shall be deemed to have given such notice.

• (5) On receipt of the notice referred to in paragraph (4) the police authority shall determine the amount due under paragraph (3) and give written notice of that amount to the person concerned.

• (6) Where a regular police officer undertakes to make an appropriate payment in accordance with paragraph (1), payment shall be made by regular instalments of such amount that the payment of the sum will be completed within a period of 2 years beginning with the date on which the officer receives the written notice referred to in paragraph (5), save that where the police authority are satisfied that completion of the payment within that period is causing, or is likely to cause, financial hardship they may allow such longer period as they may determine:

Provided that the officer may at any time discharge that officer’s liability under the undertaking, in whole or in part, by paying the whole or part of the balance of the sum then outstanding.

• (7) Subject to paragraphs (8) and (9), any payment under this regulation shall be made by the police officer to the police authority of the force in which the officer is serving when the payment falls to be made and, without prejudice to any other method of payment, the liability to make any such payment may be discharged by way of a deduction by the said authority from that officer’s pay.

• (8) If, before the officer has discharged that officer’s liability under the undertaking, a regular police officer retires under regulation 21 or dies, all further liability under that undertaking shall cease and that officer’s liability shall be deemed to have been fully discharged.

• (9) If, before the officer has discharged that officer’s liability under the undertaking, a regular police officer retires otherwise than under regulation 21 with an award other than one of the amounts of that officer’s aggregate pension contributions in respect of the relevant period of service, the police authority by whom the award is payable shall be empowered to deduct the balance of the sum then outstanding from payments on account of the award.

• (10) This regulation has effect subject to regulation 14.

Reckoning of part-time service

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• (1) In the case of a regular police officer who has spent one or more periods in part-time service, the number of days of pensionable service in any such period shall be calculated by the application of the following fraction–

$$(A×7)B$ where A is the total number of determined hours of part-time service specified under the part-time appointment of that officer in the period in question and B is the number of hours per week if the service during that period were on a full-time basis.$

• (2) For the purposes of paragraph (1) a period of part-time service is to be taken to have ended and another such period to have begun on the occurrence of any change in the result achieved after applying that fraction.

Service reckonable by reason of transfer value

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• (1) This regulation applies to a regular police officer–

• (a) who before the officer last became a regular police officer before the relevant date was subject to pension arrangements in pursuance of which a transfer value may be paid to the police authority (“former pension arrangements”); and

• (b) in respect of whom a transfer value has, in pursuance of that officer’s former pension arrangements, been paid to the police authority of the force in which the officer is serving on the relevant date.

• (2) There shall be reckonable by a regular police officer to whom this regulation applies, in respect of that officer’s former pension arrangements, a period of pensionable service calculated in accordance with tables and guidance issued for the purpose by the Scheme actuary, except that if the transfer value in question is paid and accepted under the public sector transfer arrangements, the period of pensionable service the officer concerned is entitled to reckon in respect of that officer’s former pension arrangements shall be calculated in accordance with the rules applicable to those public sector transfer arrangements.

• (3) The provisions of this regulation shall not apply where the regular police officer concerned had a guaranteed minimum in relation to the pension provided by the former pension arrangements unless–

• (a) the transfer value mentioned in paragraph (1)(b) is paid under the public sector transfer arrangements; or

• (b) were the transfer value mentioned in paragraph (1)(b) to be paid, such part of it as relates to pension benefit accrual before 6th April 1997 is at least as great as the product of–

• (A) the annual amount of the pension to which the officer would, if that transfer value were paid, be entitled under regulation 43; and

• (B) the factor specified in column 2 of the following table opposite their age, as set out in column 1 of that table, as at the date when the police authority is requested to accept that transfer value:

Age	Appropriate factor
29 or under	8
30 to 39	9
40 to 49	10
50 or over	12

• (4) In this regulation, “the public sector transfer arrangements” means arrangements approved for the time being by the Minister for the Civil Service as providing reciprocal arrangements for the payment and receipt of transfer values for the purposes of these Regulations to or from other occupational pension schemes.

Reckoning of service for purposes of awards

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• (1) Notwithstanding any other provision of these Regulations, for the purposes of calculating all awards payable to or in respect of a regular police officer under these Regulations, the total service which may be reckoned as pensionable service by such an officer shall not exceed 35 years.

• (2) For the purpose of calculating an award payable to or in respect of a regular police officer by reference to any period in years (including a period of pensionable service)–

• (a) that period shall be reckoned in completed years and a fraction of a year;

• (b) a part of a year shall be taken to be that fraction of a year whereof the denominator is 365 and the numerator is the number of completed days in that part and, accordingly, a part of a year which includes 29th February in a leap year and comprises 365 days shall be treated as a whole year.

Retirement

Retirement

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• (1) Subject to paragraph (2), a reference in these Regulations to retirement includes a reference to retirement under regulation 18, 19, 20 or 21, but does not include a reference to–

• (a) leaving a police force on transferring from one force to another;

• (b) leaving a police force on joining an English or Welsh police force or the Police Service of Northern Ireland;

• (c) ceasing to serve as a regular police officer, otherwise than on retirement under regulation 21, from a date before that on which the officer concerned attains the age of 55 years (whether the officer so ceases to serve voluntarily, upon the expiry without extension (or further extension) of the period of an appointment for a fixed term in accordance with regulation 11 of the Police (Scotland) Regulations 2004[^f00005] or upon being dismissed or required to resign); or

• (d) retirement within the meaning of section 4(4)(d) of the Police (Scotland) Act 1967[^f00006] in a case where, under that section, the chief constable in question is required to retire before the date on which that chief constable attains the age of 55 years.

• (2) A regular police officer who fulfils the qualifying service criterion and who is dismissed or required to resign, on or after the date on which the officer attains the age of 55 years, shall be deemed for the purposes of these Regulations to have retired under regulation 18 on the date that officer’s dismissal or resignation took effect, having given such notice to the police authority of that officer’s intention to retire as is mentioned in regulation 18(2) and with any necessary consent having been given under regulation 18(4).

• (3) A regular police officer fulfils the qualifying service criterion if–

• (a) that officer has at least 2 years' qualifying service; or

• (b) regulation 15 applies to that officer.

• (4) In paragraph (3), “2 years' qualifying service” has the meaning assigned to it by section 71(7) of the 1993 Act.

Voluntary retirement

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• (1) Subject to paragraphs (2) to (4), a regular police officer may retire on or after the date on which that officer attains the age of 55 years.

• (2) A regular police officer who intends to retire under this regulation shall give the police authority written notice of that intention–

• (a) in the case of an officer of the rank of Chief Constable, Deputy Chief Constable or Assistant Chief Constable at least 3 months before that officer’s intended date of retirement: and

• (b) in the case of an officer of any other rank at least 1 month before that officer’s intended date of retirement:

Compulsory retirement on account of age

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• (1) From 6th April 2006 to 30th September 2006, regulation A18(1) and (2) of the 1987 Regulations[^f00007] (compulsory retirement on account of age) shall apply to every regular police officer.

• (2) From 1st October 2006, subject to paragraph (3), every regular police officer shall be required to retire–

• (a) if that officer is of the rank of Constable, Sergeant, Inspector or Chief Inspector, on attaining the age of 60 years; and

• (b) if that officer holds any higher rank, on attaining the age of 65 years.

• (3) The time at which, under paragraph (2), a person shall be required to retire may be postponed, if that person holds a rank above that of Superintendent, by the police authority, and, if that person holds the rank of Superintendent or any lower rank, by the chief constable.

Compulsory retirement on grounds of efficiency of the force

20

• (1) This regulation applies to a regular police officer of the rank of Chief Superintendent, Superintendent, Chief Inspector, Inspector, Sergeant or Constable who is entitled to reckon 35 years' pensionable service (or would have been so entitled if that officer had not made an election under regulation 9).

• (2) If the police authority determine that the retention in the force of a regular police officer to whom this regulation applies would not be in the general interests of efficiency, that officer may be required to retire on such date, on or after the date on which that officer attains the age of 55 years, as the police authority determine.

Compulsory retirement on the ground of disablement

21

• (1) A police authority may require a regular police officer to retire on the date on which, having considered all the relevant circumstances, advice and information available to them, they determine that the officer ought to retire on the ground that the officer is permanently disabled for the performance of the ordinary duties of a member of the police force:

Effective date of retirement

22

For the purposes of these Regulations–

• (a) a regular police officer shall be taken to retire or cease to serve immediately following that officer’s last day of service; and

• (b) a regular police officer required to retire under regulation 19, 20 or 21 shall be deemed to retire on the date on which the officer is so required to retire and their last day of service shall be the immediately preceding day.

PART 3 — PENSIONABLE PAY AND CONTRIBUTIONS

Pensionable pay

23

The pensionable pay of a regular police officer at any time means that officer’s pay at the rate to which the officer is or was then entitled, account being taken of any retrospective increase in that rate, except that during a period of part-time service it means so much of that officer’s pay at that rate as is attributable to that officer’s determined hours specified under that officer’s part-time appointment.

Final pensionable pay

24

• (1) The final pensionable pay of a regular police officer shall, subject to paragraphs (2) to (4), mean that officer’s average pensionable pay–

• (a) in respect of the period of 12 months ending on the later of–

• (i) the date of that officer’s last day of service in a period during which pension contributions were payable by that officer under regulation 7; or

• (ii) the last day in respect of which payment has been made under regulation 10(2)(b);

• (b) in respect of either of the 2 periods of 12 months that immediately preceded the period mentioned in sub-paragraph (a); or

• (c) taken as an annual average in respect of any 3 consecutive periods of 12 months, ending an exact number of years before the date mentioned in sub-paragraph (a), falling within the period of 7 years that immediately preceded the earlier of the 2 periods mentioned in sub-paragraph (b),

whichever is the greatest.

• (2) Subject to paragraph (3), where a regular police officer, having made an election under regulation 9, has, within the period of 3 years immediately preceding that officer’s last day of service as such and at a time when that officer had an entitlement to a deferred pension, cancelled that election in accordance with regulation 9(5), then that officer’s final pensionable pay shall be calculated–

• (a) in respect of the period of pensionable service the officer was entitled to reckon as at the date on which the election took effect, in accordance with paragraph (1), which shall apply, as if–

• (i) for the purposes of paragraph (1)(a)(i) the date of that officer’s last day of service were the date on which the election took effect; and

• (ii) paragraph (1)(a)(ii) applied only in respect of any payment in respect of a period of unpaid maternity leave, unpaid parental leave or unpaid sick leave taken in the period before the election took effect; and

• (b) in respect of the period of pensionable service reckonable by reason of service beginning on the date on which the aforementioned cancellation of that officer’s election took effect and ending on that officer’s last day of service (including any service reckonable by virtue of the receipt by the police authority during that period of a transfer value), in accordance with paragraph (1) without any such modification as is specified in sub-paragraph (a).

• (3) In a case where a regular police officer’s final pensionable pay is calculated in accordance with paragraph (2), for the purposes of calculating any award under Part 4, that officer’s final pensionable pay as calculated in accordance with sub-paragraphs (a) and (b) respectively shall be applied to the period of service mentioned in the sub-paragraph in question.

• (4) Solely, for the purpose of determining the greatest amount under paragraph (1) (including in cases where that paragraph applies as set out in paragraph (2)(a) and (b)), the amount of the average pensionable pay of a regular police officer in respect of any period of 12 months to which paragraph (1)(b) or (c) relates shall be treated as increased by the same amount as that by which an annual pension of an amount equal to that average pensionable pay would have been increased under the Pensions (Increase) Act 1971[^f00008] by the last day of the period referred to in paragraph (1)(a) (as modified, for cases within paragraph (2)(a)) if the said annual pension had come into payment on the day immediately following that on which the relevant period of 12 months to which paragraph (1)(b) or (c) relates ended.

Average pensionable pay

25

• (1) Subject to paragraphs (2), (3) and (4), the average pensionable pay of a regular police officer in any of the periods of 12 months mentioned in regulation 24(1) shall be the aggregate of that officer’s pensionable pay in respect of the period in question:

Aggregate pension contributions for purposes of repayment

26

• (1) This paragraph applies for the purposes of calculating a payment under these Regulations by reference to the aggregate pension contributions of a regular police officer in respect of the relevant period of service.

• (2) Where paragraph (1) applies, the relevant period of service shall be taken to be the period ending in the retirement or otherwise ceasing to serve as a regular police officer or the death, as the case may be, on which the award is payable and beginning with the date on which the officer became a regular police officer in the force from which that officer retired, in which that officer served until ceasing to serve as aforesaid or in which that officer died, as the case may be, or, if the officer has more than once been a regular police officer in that force, the date on which the officer last joined that force:

PART 4 — PENSION AWARDS

Personal pensions

Police officer’s ordinary pension

27

• (1) This regulation applies to a regular police officer who fulfils the qualifying service criterion and who retires or has retired in accordance with regulation 18, 19 or 20:

Calculation of ordinary pension

28

• (1) A regular police officer’s ordinary pension shall be–

• (a) an annual sum payable for life calculated by multiplying an amount equal to 1/70 of that officer’s final pensionable pay by the number of years of pensionable service the officer is entitled to reckon; and

• (b) a lump-sum payment calculated by multiplying an amount equal to 4/70 of that officer’s final pensionable pay by the number of years of pensionable service the officer is entitled to reckon:

Police officer’s ill-health pension

29

• (1) This regulation applies to a regular police officer who retires or has retired under regulation 21:

Calculation of standard ill-health pension

30

A police officer’s standard ill-health pension shall be an annual sum payable for life and a lump-sum payment, calculated in accordance with regulation 28 as if the officer had been entitled to an ordinary pension at the date of that officer’s retirement.

Calculation of enhanced top-up ill-health pension

31

• (1) A police officer’s enhanced top-up ill-health pension shall be an annual sum payable for life and a lump-sum payment, calculated by deducting the annual sum and lump-sum payment payable as that officer’s standard ill-health pension from the annual sum and lump sum respectively as calculated in accordance with paragraphs (2) to (6) (“enhanced top-up totals”).

• (2) A police officer’s enhanced top-up totals shall be calculated in accordance with regulation 28 as if the officer had been entitled to an ordinary pension at the date of that officer’s retirement, but for the purposes of that calculation the pensionable service the officer concerned is entitled to reckon as at the date of that officer’s retirement shall be treated as having been increased in accordance with the provisions of paragraphs (3) or (4), subject to paragraph (6), as the case may require.

• (3) In the case of an officer entitled to reckon less than 5 years' pensionable service as at the date of that officer’s retirement, either–

• (a) the period of that officer’s pensionable service shall be multiplied by 4; or

• (b) there shall be added to that service a period equivalent to half of the pensionable service the officer would have become entitled to reckon in respect of the period beginning with the date of the officer’s retirement and ending on the day immediately before that on which the officer would attain the age of 55 years, had the officer continued to serve and to pay pension contributions in accordance with regulation 7 (“prospective service”),

whichever amounts to the lesser period.

• (4) In the case of an officer entitled to reckon 5 or more years' pensionable service as at the date of that officer’s retirement, there shall be added to that service a period equivalent to half of that officer’s prospective service.

• (5) In the case of an officer who has spent one or more periods in part-time service as such, in determining the number of years of pensionable service that the officer is entitled to reckon as at the date of that officer’s retirement for the purposes of paragraphs (3) and (4), a period of service by virtue of which that officer’s pensionable service is reckonable as if it were a period of full-time service (but this paragraph does not apply so as to affect any other references to pensionable service in paragraphs (3), (4) and (6)).

• (6) In the case of an officer who has spent one or more periods in part-time service as such, the period of prospective service for the purposes of paragraph (3)(b) or (4), as the case may be, shall be calculated as if, during the period beginning with the date of the officer’s retirement and ending on the day immediately before that on which the officer would attain the age of 55 years, the officer would have served part-time for the same proportion of that period as that officer’s total pensionable service before that officer’s retirement bears to the total pensionable service that officer would have been entitled to reckon before that officer’s retirement if all that service had been full-time.

• (7) If in a case where any of the officer’s service by virtue of which that officer’s pensionable service is reckonable was part-time service, the amount of the pension calculated in accordance with the preceding paragraphs would be less than it would have been if that officer had become entitled to receive the pension at an earlier date, then the pension shall be of that amount instead.

Police officer’s deferred pension

32

• (1) This regulation applies to a regular police officer who fulfils the qualifying service criterion and who–

• (a) ceases to serve as such otherwise than on retirement under regulation 18, 19, 20 or 21; or

• (b) makes an election under regulation 9, in circumstances–

• (i) in which no transfer value under regulation 78 has been, or is required to be, paid in respect of that officer; and

• (ii) which do not entitle that officer to any pension award under any of the preceding provisions of this Part or regulation 43.

• (2) A regular police officer to whom this regulation applies shall, on so ceasing to serve or, as the case may be, on making such election, be entitled to a deferred pension as provided in this regulation.

• (3) In the case of a regular police officer who falls within paragraph (1)(b) and who cancels that officer’s election in accordance with regulation 9(5) before that officer’s deferred pension has come into payment, that officer’s entitlement to the said deferred pension shall be relinquished.

• (4) A deferred pension shall be calculated in accordance with paragraph (5); but no payment shall be made on account of the pension in respect of the period before the officer in question attains the age of 65 years or, if that officer sooner becomes permanently disabled for engaging in any regular employment and the officer is not ineligible under regulation 8 for a pension award on the ground of permanent disablement, before the officer becomes so disabled (subject to regulation 54).

• (5) A police officer’s deferred pension shall be an annual sum payable for life and a lump-sum payment, calculated as if the deferred pension were an ordinary pension calculated under regulation 28.

Early payment of deferred pension subject to actuarial reduction

33

• (1) Subject to paragraphs (2) and (3), a regular police officer who is entitled to a deferred pension payable, in accordance with regulation 32(4), upon that officer attaining the age of 65, may elect for immediate payment of that pension subject to an actuarial reduction:

Repayment of aggregate pension contributions

34

• (1) This regulation applies to a regular police officer who retires, ceases to serve as such or who makes an election under regulation 9 (other than as set out in regulation 9(3)), in circumstances–

• (a) in which no transfer value under regulation 78 has been, or is required to be, paid in respect of that officer; and

• (b) which do not entitle that officer to a pension award under any of the preceding provisions of this Part.

• (2) A regular police officer to whom this regulation applies shall be entitled to a lump sum payment of an amount equal to that officer’s aggregate pension contributions in respect of that officer’s relevant period of service, calculated in accordance with regulation 26.

Deductions of tax from awards under regulation 9(4) or 34

35

The police authority may deduct from any payment by way of an award under regulation 9(4) or 34–

• (a) that part of any contributions equivalent premium paid in respect of the regular police officer as is permitted under section 61 of the 1993 Act[^f00009]; and

• (b) the tax for the time being chargeable on that award under section 205 of the Finance Act 2004[^f00010].

Pension debit members – personal awards

36

Where a pension debit member is entitled to an award under regulation 27, 29, 32 or 34–

• (a) the award shall be calculated by reference to the member’s rights under these Regulations as reduced by virtue of section 31 of the 1999 Act[^f00011] and in accordance with such tables and other guidance as are provided for the purpose by the Scheme actuary; and

• (b) regulations 37 and 38 have effect accordingly.

Exchange of lump sum for additional periodical payments

37

• (1) This regulation applies to the lump-sum element of an ordinary pension or a deferred pension under this Part (which is not a deferred pension that becomes payable by reason of permanent disablement under regulation 32(4)), but in relation to a deferred pension to which this regulation applies, paragraphs (3), (4) and (5) shall have effect as if any reference in them to retirement or the date of retirement were a reference to the coming into payment of the pension or the date of that coming into payment.

• (2) A regular police officer may, subject to and in accordance with this regulation, exchange for additional annual pension payments the whole or part of a lump-sum element to which this regulation applies to which the officer may become entitled.

• (3) For the purpose of exchanging a portion of that officer’s pension in accordance with this regulation a person shall give notice in writing to the police authority before but not earlier than 4 months before that officer’s intended date of retirement of that officer’s wish to surrender and exchange for additional annual pension payments the whole or such part as that officer may specify of the lump-sum payment to which that officer would otherwise become entitled:

Commutation of small pension for lump sum

38

• (1) Where the annual rate of any pension payable to or in respect of a regular police officer under this Part or regulation 61 does not exceed the small pensions commutation maximum, the police authority may pay the person entitled to the pension a lump sum of such an amount as the Scheme actuary advises represents the capital value of the pension if–

• (a) that person consents; and

• (b) in a case where the pension is payable to that person under the preceding provisions of this Part and is one which may not be less than that person’s guaranteed minimum, the person has reached state pension age.

• (2) If–

• (a) a person is entitled to more than one pension under the preceding provisions of this Part;

• (b) a person is entitled to more than one pension in respect of the same regular police officer; or

• (c) a pension credit member is entitled–

• (i) to more than one pension under regulation 61; or

• (ii) to one or more pensions within sub-paragraph (a) in addition to one or more pensions under regulation 61,

those pensions may only be commuted under this regulation if they do not in aggregate exceed the amount that is permitted to be commuted under all the commutation requirements that apply in the circumstances in question.

• (3) The payment of a lump sum under this regulation in respect of a pension discharges the relevant police authority from all liability in respect of that pension.

• (4) In this regulation–

• “the small pensions commutation maximum” means the amount that is permitted to be commuted, having regard to all the commutation requirements that apply in the circumstances in question; and

• “the commutation requirements” means requirements permitting the commutation of small pensions that are imposed– by regulation 19, 20 or 60 of the Occupational Pension Schemes (Contracting-out) Regulations 1996[^f00012]; by regulation 2 of the Occupational Pension Scheme (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997[^f00013]; by regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000[^f00014]; or by paragraph 7 of Schedule 29 to the Finance Act 2004[^f00015] (which defines trivial commutation lump sums for the purposes of Part 1 of that Schedule).

Survivors' pensions

Survivors' pensions – general provision

39

Subject to and in accordance with the provisions of these Regulations, where a regular police officer dies or has died–

• (a) while the officer is in receipt of an ordinary pension, an ill-health pension or a deferred pension;

• (b) after the officer has ceased to serve as such in circumstances where no transfer value was paid in respect of that officer’s service and the officer is entitled to a deferred pension, whether or not that pension has come into payment;

• (c) while the officer is serving as such and fulfils the qualifying service criterion and no election under regulation 9 has effect at the time of that officer’s death; or

• (d) while the officer is serving as such and, having made an election under regulation 9 which has effect at the time of that officer’s death, the officer is entitled to a deferred pension,

a survivor such as is mentioned in regulation 40 shall be entitled to a pension calculated in the case of an adult survivor in accordance with regulation 41 and in the case of a child survivor in accordance with regulation 42.

Survivors

40

• (1) For the purposes of regulation 39 a survivor shall mean–

• (a) a person who at the time of the death of the officer concerned was that officer’s spouse, civil partner or, subject to paragraph (2), other adult partner (“an adult survivor”);

• (b) a child (“a child survivor”) who is–

• (i) a natural child, step-child or adopted child of the officer concerned (including a child conceived before the officer’s death and born after that death to a person mentioned in sub-paragraph (a)); or

• (ii) any other child who at the time of the death of the officer concerned was substantially dependent, financially or by reason of permanent disablement, on the officer.

• (2) An adult partner other than a spouse or civil partner shall not be entitled to a pension under these Regulations unless–

• (a) the police officer concerned had made and sent to the police authority of the force in which the officer was then serving or by whom that officer’s pension was or would be payable a declaration, signed by the police officer and the adult partner concerned, that–

• (i) the police officer and the adult partner concerned were cohabiting as partners in an exclusive, committed and long-term relationship;

• (ii) the adult partner was financially dependent on the officer or they were financially interdependent; and

• (iii) the officer and the adult partner were both free to marry each other (where they are of opposite sex) or to form a civil partnership with each other (where they are of the same sex),

and the police officer had acknowledged an obligation to send to the police authority a signed notice of revocation should the relationship terminate and had not revoked that declaration before that officer’s death; and

• (b) the surviving adult partner has submitted a claim in writing to the police authority by whom such a pension would be payable and satisfied the authority–

• (i) that the circumstances mentioned in sub-paragraph (a)(i), (ii) and (iii) continued to subsist at the time of the officer’s death; and

• (ii) that the period of cohabitation mentioned in sub-paragraph (a)(i) had been of at least 2 years' duration at the time of the officer’s death.

• (3) The police authority may in their discretion accept a shorter period of cohabitation than that mentioned in paragraph (2)(b)(ii) where they are satisfied, in the particular circumstances of the case, that it is likely that the police officer and the adult partner concerned would have cohabited as partners for at least 2 years had the police officer not died.

• (4) Upon receipt of a declaration or notice of revocation of such a declaration made in accordance with paragraph (2)(a), the police authority shall forthwith send to the officer concerned a written notification of its receipt.

Calculation of adult survivors' pensions

41

• (1) An adult survivor’s pension shall be calculated in accordance with the provisions of this regulation, subject to regulations 33(4) and 37(5).

• (2) Subject to paragraphs (6) and (7), in a case where the police officer concerned died in the circumstances mentioned in regulation 39(a), (b) or (d), an adult survivor of that officer shall be entitled to an annual pension payable for life of an amount equivalent to half of the annual pension which was payable to the officer at the time of that officer’s death or, as the case may be, would have been payable to the officer if that officer’s deferred pension had come into payment immediately before that officer’s death.

• (3) Subject to paragraphs (6) and (7), in a case where the police officer concerned died in the circumstances mentioned in regulation 39(c), an adult survivor of that officer shall be entitled to an annual pension payable for life of an amount equivalent to half of the annual sum that would have been payable to the officer if that officer had retired immediately before that officer’s death with an entitlement to both a standard and an enhanced top-up ill-health pension calculated in accordance with regulations 30 and 31.

• (4) Where the police officer concerned was a pension debit member, an adult survivor’s pension is calculated by reference to the member’s rights under these Regulations as reduced by virtue of section 31 of the 1999 Act and in accordance with such tables and other guidance as are provided for the purpose by the Scheme actuary.

• (5) An adult survivor’s pension shall be calculated by reference to the annual pension which was payable or would have been payable to the police officer as mentioned in paragraph (2), or by reference to the annual sum that would have been payable to the police officer as mentioned in paragraph (3), without taking account of any increase of that annual pension or annual sum in accordance with the Pensions (Increase) Acts.

• (6) In the case of an adult survivor who was more than 12 years younger than the police officer concerned at the date of that officer’s death, the survivor’s pension, as calculated in accordance with paragraph (2), (3) or (4), as the case may require, and paragraph (5), shall be reduced by 2.5 per cent in respect of each whole year and any additional part of a year in excess of 12 by which the survivor was younger than the officer:

Calculation of child survivors' pensions

42

• (1) Subject to the provisions of this regulation and regulations 33(4) and 37(5), a child survivor’s pension shall be an annual amount equivalent to half of the pension which would be payable to any adult survivor as calculated in accordance with regulation 41(2) or (3), as the case may require, and regulation 41(5):

Guaranteed minimum pension

Guaranteed minimum pension for the purposes of the Pension Schemes Act 1993

43

• (1) This paragraph applies in the case of a regular police officer who has a guaranteed minimum under section 14 of the 1993 Act [^f00019] in relation to that officer’s pension provided under these Regulations:

Awards on death – additional provisions

Death gratuities – dependants

44

• (1) This regulation applies in the case of a regular police officer who dies while in receipt of a pension or while entitled to a deferred pension, whether or not that pension has come into payment, if death–

• (a) results from an injury received in the execution of that officer’s duty; or

• (b) takes place within 2 years of that officer becoming entitled to that officer’s pension.

• (2) In the case of such a regular police officer the police authority may, in their discretion, grant a gratuity to any person who was to any degree dependent on that officer, whether financially or by reason of disablement, at the time of that officer’s death; but the aggregate amount of any gratuities granted under this regulation shall not exceed the aggregate pension contributions in respect of the police officer’s relevant period of service, calculated in accordance with regulation 26.

Death gratuity – estate

45

• (1) This regulation applies in the case of a regular police officer–

• (a) who dies while in receipt of a pension or while entitled to a deferred pension, whether or not that pension has come into payment, or

• (b) who dies while serving as such.

• (2) If, in the case of such a police officer, the aggregate of–

• (a) any payments made or due to that officer on account of that officer’s pension or by way of a lump sum under regulation 27 or 29 together with any increase therein under the Pensions (Increase) Acts[^f00023];

• (b) the capitalised value (calculated in accordance with tables prepared from time to time by the Scheme actuary) of any pension or allowance granted in respect of that officer’s death;

• (c) the actuarial value of any pension credit under Part 6 of these Regulations; and

• (d) any gratuity granted in respect of that officer’s death under regulation 44,

is less than that officer’s aggregate pension contributions in respect of that officer’s relevant period of service (calculated in accordance with regulation 26), the police authority shall pay a gratuity equal to the difference to that officer’s legal personal representative.

Lump sum death grant

46

• (1) On the death of a person while serving as a regular police officer a lump sum death grant becomes payable unless an election under regulation 9 not to pay pension contributions had effect at the time of the death.

• (2) The grant is payable whether or not any adult survivor’s pension or death gratuity to a dependant of the officer or that officer’s estate is payable under regulation 39, 44 or 45 respectively.

• (3) The amount of the grant is 3 times that of the deceased officer’s pensionable pay, expressed as an annual rate–

• (a) at the time of death, or

• (b) if the officer was then absent from duty without pay, immediately before that absence began.

• (4) The grant is to be paid–

• (a) to any surviving spouse or surviving civil partner who qualifies for it; or

• (b) if no person is qualified under sub-paragraph (a), and if the police authority in their discretion so decide, to a surviving adult partner where the requirements of regulation 40(2)(a) and (b) are met;

• (c) if no payment is made under sub-paragraph (a) or (b), and if the police authority in their discretion so decide, to a person in respect of whom a nomination by the officer in accordance with regulation 47 had effect at the time of their death; or

• (d) otherwise, if the police authority in their discretion decide, to the officer’s legal personal representative.

• (5) A surviving spouse or surviving civil partner qualifies for the grant unless at the time of the death–

• (a) the deceased officer and that officer’s spouse or, as the case may be, civil partner were separated by an order or decree of a competent court; and

• (b) the deceased officer was not required by such an order to contribute, and was not in fact regularly contributing, to the support of the spouse or civil partner or to the spouse or civil partner for the support of a child of the spouse or civil partner.

Nomination for lump sum death grant

47

• (1) A regular police officer may, subject to paragraph (2), nominate a person to receive any lump sum death grant which may become payable under regulation 46(4)(c).

• (2) Such nomination shall not have effect unless–

• (a) it was signed by the officer concerned and sent, before any award under these Regulations other than a pension credit has come into payment, to the police authority of the force in which the officer was serving at the time of that officer’s death or by whom that officer’s pension was or would be payable; and

• (b) it has not been revoked by written notice to that police authority.

• (3) Upon receipt of a nomination or notice of revocation of such a nomination made in accordance with paragraph (2), the police authority shall forthwith send to the officer concerned a written notification of its receipt.

Pension debit members – awards on death

48

Where a pension debit member dies any award in respect of that member under regulation 44, 45 or 46 is calculated by reference to the member’s rights under these Regulations as reduced by virtue of section 31 of the 1999 Act and in accordance with such tables and other guidance as are provided for the purpose by the Scheme actuary.

Prevention of duplication

49

• (1) Subject to paragraph (2), where, but for this regulation, a person would be entitled to receive, in respect of any particular period, payments on account of more than one award in respect of the death of the same person, each of the awards being a survivor’s pension under regulation 39 or an award under regulation 13, 14, 17, 18, 20 or 21 of the Police (Injury Benefit) (Scotland) Regulations 2007[^f00024], the person shall be entitled to receive, in respect of that period, payment on account of one only of those awards; and the award payable shall be that from time to time selected by the person concerned or, in default of such selection where one award is for the time being greater than any other such award, the award which is for the time being the greater.

• (2) Nothing in paragraph (1) shall prevent a person from being entitled to receive more than one such pension if the awards in question are calculated, directly or indirectly, by reference to different periods of pensionable service.

Increase of awards by reference to the Pensions (Increase) Acts

50