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The Police Pension Scheme (Scotland) Regulations 2015

Type Scottish-Statutory-Instrument

Publication 2015-03-24

Last updated 2015-04-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Late payment of retirement index adjustment or retirement PIA index adjustment

192

Nothing in these Regulations requires any part of a pension attributable to a retirement index adjustment or retirement PIA index adjustment to be paid before the end of the last active scheme year.

Commutation of small pensions

193

(1) This regulation applies if—

(a) the pension entitlement of a single capacity member or the pension entitlement of a single capacity member’s beneficiary does not exceed the small pensions commutation maximum; or

(b) the total pension entitlement of a dual capacity member or the total pension entitlement of a dual capacity member’s beneficiary does not exceed the small pensions commutation maximum.

(2) Unless the member has reached the member’s state pension age, this regulation does not apply if—

(a) the pension entitlement of the member or the member’s beneficiary under paragraph (1)(a) is equal to or exceeds the member’s guaranteed minimum; or

(b) the total pension entitlement of the member or the member’s beneficiary under paragraph (1)(b) is equal to or exceeds the member’s guaranteed minimum.

(3) The scheme manager may pay the member or the member’s beneficiary a lump sum of an amount advised by the scheme actuary as representing the cash value of the pension if—

(a) the member or the member’s beneficiary consents to receipt of a lump sum in place of the pension; and

(b) the requirements of the commutation provisions that apply in the circumstances are met.

(4) The payment of a lump sum under this regulation in place of a pension discharges all liabilities under this scheme in respect of that pension.

(5) In this regulation—

“beneficiary”, in relation to a deceased member, means the surviving adult or eligible child of the member;

“the commutation provisions” means the provisions permitting the commutation of pensions set out in— regulation 19, 20 or 60 of the Occupational Pension Schemes (Contracting-out) Regulations 1996[^f00068]; regulation 2 of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997[^f00069]; paragraph 7 of Schedule 29 (authorised lump sums – supplementary) to FA 2004 (which defines trivial commutation lump sums for the purposes of Part 4 of that Act)[^f00070] and, in relation to a pension payable under Part 9 (death benefits), paragraph 20 of that Schedule (which defines trivial commutation lump sum death benefit for the purposes of Part 4 of that Act)[^f00071]; and regulation 3 of the Pension Sharing (Pension Credit Benefit) Regulations 2000[^f00072];

“single capacity member” means a member of this scheme who is not a dual capacity member; and

“the small pensions commutation maximum” means the amount that is permitted to be commuted having regard to the commutation provisions that apply in the circumstances.

CHAPTER 3 — Guaranteed minimum pensions

Interpretation and application

194

(1) This Chapter does not apply to—

(a) a pension that is forfeited—

(i) as a result of a conviction for treason; or

(ii) under regulation 201 (forfeiture: offences committed by members), in a case where the relevant offence within the meaning of that regulation is an offence under the Official Secrets Acts 1911 to 1989[^f00073];

(b) a pension that is commuted under regulation 122 (option for pension credit member to commute whole pension: serious ill-health); or

(c) a pension that is commuted under regulation 193 (commutation of small pensions) where the conditions in regulation 60 of the Occupational Pension Schemes (Contracting-out) Regulations 1996[^f00074] (payment of a guaranteed minimum pension as a lump sum) are met.

(2) But if any other provision of this scheme is inconsistent with this Chapter, this Chapter prevails.

(3) In this Chapter—

(a) “GMP age”—

(i) for a man, means 65; and

(ii) for a woman, means 60; and

(b) references to the amount of a pension are to its amount after the subtraction of the commutation amount (if any).

Guaranteed minimum under section 14 of PSA 1993

195

(1) This regulation applies in relation to a member of this scheme (P) who has a guaranteed minimum under section 14 of PSA 1993[^f00075] (earner’s guaranteed minimum) in relation to benefits under this scheme.

(2) Nothing in these Regulations permits or requires anything that would cause requirements under that Act in relation to such a member and such a member’s rights under a scheme not to be met in relation to P.

(3) Nothing in these Regulations prevents anything from being done which is necessary or expedient for the purpose of meeting such requirements in relation to P.

(4) The following provisions are without prejudice to the generality of paragraphs (2) and (3).

(5) Paragraph (6) applies if, apart from this regulation—

(a) a pension would not be payable to P under this scheme; or

(b) the weekly rate of the pensions payable would be less than the guaranteed minimum.

(6) A pension at a weekly rate equal to the guaranteed minimum is payable to P for life from—

(a) the date on which P reaches GMP age; or

(b) the date on which pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable.

(7) A pension is not payable under paragraph (6) until P leaves eligible service if, after reaching GMP age, P continues in eligible service.

(8) A pension is not payable under paragraph (6) until P leaves employment if—

(a) after reaching GMP age, P continues in employment that is not eligible service; and

(b) P consents to a postponement of P’s entitlement under paragraph (6).

(9) If P continues in employment for 5 years after reaching GMP age and does not then leave employment, P is entitled from the end of that period to so much of P’s pension under Parts 7 and 8 as equals P’s guaranteed minimum (or, as the case may be, to so much of P’s pensions under Parts 7 and 8 as together have a weekly rate equal to P’s guaranteed minimum), unless P consents to a further postponement of P’s entitlement under paragraph (6).

(10) In the circumstances provided for in paragraph (7), (8) or (9), the amount of the guaranteed minimum to which P is entitled under paragraph (6) is increased in accordance with section 15 of PSA 1993 (increase of guaranteed minimum where commencement of guaranteed minimum pension postponed).

(11) Paragraph (12) applies if P has a guaranteed minimum under section 14 of PSA 1993 in relation to the whole or part of a pension as a result of receipt by this scheme of a transfer payment from another pension scheme in respect of which the member had such a guaranteed minimum.

(12) If P becomes entitled to payment for life of a pension under Parts 7 and 8 before reaching GMP age, the weekly rate of the pension, so far as attributable to the transfer payment, must not be less than the guaranteed minimum, multiplied by such factor as is indicated in actuarial tables for a person of P’s age and sex at the date on which the pension becomes payable.

Contracting–out rights

196

(1) This regulation applies if—

(a) P has ceased to be in employment that is contracted-out employment by reference to this scheme; and

(b) paragraph (2) applies.

(2) This paragraph applies if either—

(a) a transfer payment in respect of all P’s rights to benefits under this scheme, except P’s rights in respect of P’s guaranteed minimum or rights under section 9(2B) of PSA 1993^f00076 (“P’s contracting-out rights”) has been made; or

(b) P has no rights to benefits under this scheme apart from P’s contracting-out rights.

(3) If this regulation applies—

(a) from the date on which P reaches GMP age, P is entitled to a pension payable for life at a weekly rate equal to P’s guaranteed minimum (if any); and

(b) from the date on which P reaches normal pension age under this scheme, P is entitled to a lump sum and pension in respect of P’s rights under section 9(2B) of PSA 1993.

(4) Despite paragraph (3), P is not to be regarded as a pensioner member of this scheme for the purpose of Part 9 (death benefits).

(5) In this regulation, “contracted-out employment” has the meaning given in section 8(1) of PSA 1993.

CHAPTER 4 — Appeals in relation to payment of benefits

Appeals to sheriff

197

(1) This regulation applies in relation to payment of benefits under this scheme to or in respect of a member of the police force.

(2) The member or person claiming payment of a benefit in respect of the member (P) may, subject to regulation 199 (limitation on appeals), appeal to the sheriff against any of the following decisions—

(a) a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit;

(b) a decision by the scheme manager to refuse to pay P a benefit the entitlement to which arises on the fulfilment of conditions which do not include a claim for payment;

(c) a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit larger than the benefit granted to P;

(d) a decision by the employer under regulation 65 (permanent medical unfitness) as to whether a refusal to accept medical treatment is reasonable;

(e) a decision by the employer under regulation 105 (cancellation of ill-health pension: failure to receive appropriate medical treatment) as to whether a refusal to accept medical treatment is reasonable;

(f) a decision by the employer under regulation 97 (reduction of pension in case of default) to reduce the amount of pension payable to the member.

(3) The sheriff, after enquiring into the case, may make such order in the matter as appears to the sheriff to be just.

Appeals to tribunal

198

(1) This regulation applies in relation to payment of benefits under this scheme to or in respect of an inspector of constabulary.

(2) The member or person claiming payment of a benefit in respect of the member (P) may, subject to regulation 199, lodge an appeal with the Scottish Ministers against any of the following decisions—

(a) a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit;

(b) a decision by the scheme manager to refuse to pay P a benefit the entitlement to which arises on the fulfilment of conditions which do not include a claim for payment;

(c) a decision by the scheme manager to refuse to accept P’s claim for payment of a benefit larger than the benefit granted to P;

(d) a decision by the employer under regulation 65 (permanent medical unfitness) as to whether a refusal to accept medical treatment is reasonable;

(e) a decision by the employer under regulation 105 (cancellation of ill-health pension: failure to receive appropriate medical treatment) as to whether a refusal to accept medical treatment is reasonable;

(f) a decision by the employer under regulation 97 (reduction of pension in case of default) to reduce the amount of pension payable to the member.

(3) Regulation 115 (procedure on appeals to tribunal) sets out the procedure for appeals under this regulation.

Limitation on appeals

199

(1) A person may not appeal under regulation 197 (appeals to sheriff) or 198 (appeals to tribunal) against anything done by the scheme manager, employer or pension supervising authority under a power conferred by these Regulations which is expressly stated to be a power in respect of which the scheme manager, employer or pension supervising authority may exercise a discretion.

(2) Unless the sheriff hearing an appeal under regulation 197 or a tribunal hearing an appeal under regulation 198 refers a medical decision[^f00077] for reconsideration under Schedule 1, the sheriff or tribunal hearing the appeal is bound by a final decision of a medical authority[^f00078] under Schedule 1.

CHAPTER 5 — Forfeiture and set-off

Pension supervising authority

200

(1) For the purpose of this Chapter, the pension supervising authority is the Scottish Police Authority.

(2) The pension supervising authority may require the scheme manager to withhold benefits payable to a member under this Chapter.

Forfeiture: offences committed by members

201

(1) If a member is convicted of a relevant offence, the pension supervising authority may, to the extent the pension supervising authority considers appropriate, require the scheme manager to withhold benefits payable under this scheme to or in respect of the member.

(2) Paragraph (3) applies if benefits are to be withheld as a result of an offence falling within paragraph (b) of the definition of “relevant offence”.

(3) The scheme manager may only withhold that part of a person’s pension that exceeds any guaranteed minimum to which the person is entitled under—

(a) section 14 of PSA 1993 (earner’s guaranteed minimum); or

(b) section 17[^f00079] of that Act (minimum pension for surviving spouses and civil partners).

(4) In this regulation—

“forfeiture certificate” means a certificate given by the Scottish Ministers stating that they consider that the offence— has been gravely injurious to the interests of the State; or is liable to lead to serious loss of confidence in service by members of the police force; and

“relevant offence” means— one or more offences under the Official Secrets Acts 1911 to 1989[^f00080] for which the member has been sentenced on the same occasion to— a term of imprisonment of at least 10 years; or 2 or more consecutive terms of imprisonment which add up to at least 10 years; an offence committed in connection with the member’s service as a member of the police force and in respect of which the Scottish Ministers have issued a forfeiture certificate.

Forfeiture: offences committed by a member’s beneficiary

202

(1) If the beneficiary of a deceased member of this scheme is convicted of a relevant criminal offence, the pension supervising authority may, to the extent the pension supervising authority considers appropriate, require the scheme manager to withhold benefits payable to the beneficiary in respect of the member.

(2) The scheme manager may withhold benefits but may only withhold that part of a pension that exceeds any guaranteed minimum to which the beneficiary is entitled under section 17 of PSA 1993.

(3) If the scheme manager withholds all of the benefits payable to a beneficiary, Part 9 (death benefits) applies as if the beneficiary had died before the member.

(4) In this regulation—

“beneficiary”, in relation to a deceased member of this scheme, means the surviving adult or eligible child of the member;

“relevant criminal offence” means— the murder of the member; the culpable homicide of the member; or any other offence of which the unlawful killing of the member is an element.

Forfeiture: relevant monetary obligations and relevant monetary losses

203

(1) If a member (P) owes a relevant monetary obligation or has caused a relevant monetary loss, the pension supervising authority may, to the extent the pension supervising authority considers appropriate, require the scheme manager to withhold benefits payable to P under this scheme.

(2) The scheme manager may withhold benefits but may only withhold that part of P’s pension that exceeds any guaranteed minimum to which P is entitled under section 14 of PSA 1993.

(3) The scheme manager may not withhold more than the lesser of—

(a) the amount of the relevant monetary obligation or relevant monetary loss; and

(b) the value of P’s entitlement to benefits.

(4) The scheme manager may only withhold benefits if—

(a) there is no dispute as to the amount of the relevant monetary obligation or relevant monetary loss; or

(b) the relevant monetary obligation or relevant monetary loss is enforceable as follows—

(i) under an order of a competent court;

(ii) in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.

(5) In this regulation—

“relevant monetary obligation” means a monetary obligation which— was incurred to the Crown or P’s employer (if different); was incurred after P became an active member of this scheme; arose out of P’s criminal, negligent or fraudulent act or omission; and arose out of or was connected with P’s service as a member of the police force; and

“relevant monetary loss” means a monetary loss which— was caused to this scheme; and arose as a result of P’s criminal, negligent or fraudulent act or omission.

Set-off

204

(1) The pension supervising authority may require the scheme manager to set off a relevant monetary obligation against a member’s entitlement to benefits under this scheme.

(2) In this regulation, a “relevant monetary obligation” is a monetary obligation owed by a member (P), which satisfies the conditions in paragraph (3), (4) or (5).

(3) The conditions are that the monetary obligation—

(a) was incurred to the Crown or P’s employer (if different);

(b) was incurred after P became an active member of this scheme; and

(4) The conditions are that the monetary obligation—

(a) was incurred to this scheme; and

(b) arose out of P’s criminal, negligent or fraudulent act or omission.

(5) The conditions are that the monetary obligation—

(a) was incurred to this scheme; and

(b) arose out of a payment made to P in error by the scheme manager.

(6) Paragraph (7) applies if a set-off is to be applied as a result of P owing a relevant monetary obligation which satisfies the conditions in paragraph (3).

(7) Where this paragraph applies, the scheme manager may not apply a set-off against that part of P’s entitlement to benefits that represents transfer credits within the meaning of section 124(1) of PA 1995[^f00081] (interpretation of Part 1) (other than prescribed transfer credits for the purposes of section 91(5)(d) of PA 1995[^f00082] (exceptions from the inalienability of occupational pensions)).

(8) The scheme manager may only apply a set-off against that part of a member’s pension that exceeds any guaranteed minimum to which the member is entitled under section 14 of PSA 1993.

(9) The value of the set-off applied must not exceed the lesser of—

(a) the amount of the relevant monetary obligation; and

(b) the value of P’s entitlement to benefits.

(10) The scheme manager may only set off a relevant monetary obligation against P’s entitlement to benefits if—

(a) there is no dispute as to the amount of the relevant monetary obligation; or

(b) the relevant monetary obligation is enforceable—

(i) under an order of a competent court;

(ii) in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.

Forfeiture and set-off: procedure

205

(1) If the pension supervising authority proposes to require the scheme manager to withhold benefits or apply a set-off against a person’s entitlement to benefits, the pension supervising authority must notify the person of the proposal in writing.

(2) If the scheme manager withholds benefits under regulation 203 (forfeiture: relevant monetary obligations and relevant monetary losses) or applies a set-off against an entitlement to benefits under regulation 204 (set-off), the scheme manager must give the member a certificate showing—

(a) the amount withheld or set off; and

(b) the effect of the withholding or set-off on the member’s benefits under this scheme.

Forfeiture: appeals to sheriff

206

(1) If the pension supervising authority proposes to require the scheme manager to withhold any benefits payable in respect of a person’s service as a member of the police force (“the member”), the member or a person claiming payment of a benefit in respect of the member may, subject to regulation 199 (limitations on appeals), appeal against the proposal to the sheriff.

(2) On an appeal made under paragraph (1), the sheriff may by order—

(a) confirm or reject the proposal; or

(b) amend the proposal so as to reduce the extent to which the benefits are withheld.

(3) The scheme manager must comply with any order made by the sheriff.

Forfeiture: appeals to tribunal

207

(1) If the pension supervising authority proposes to require the scheme manager to withhold any benefits payable to an inspector of constabulary (“the member”), the member or a person claiming payment of a benefit in respect of the member may, subject to regulation 199 (limitations on appeals), lodge an appeal against the proposal with the scheme manager.

(2) Regulation 215 (procedure on appeals to tribunal) sets out the procedure for appeals under this regulation to the tribunal.

CHAPTER 6 — Payment and deduction of tax

Scheme manager to be scheme administrator for purposes of Part 4 of Finance Act 2004

208

The scheme manager is appointed to be responsible for all functions that are functions conferred or imposed on the scheme administrator by or under Part 4 of FA 2004 (pension schemes etc).

Payment on behalf of members of lifetime allowance charge

209

(1) A member of this scheme may request the scheme manager to pay on the member’s behalf any amount that is payable by way of the lifetime allowance charge under section 214 of FA 2004 (“the amount”) if—

(a) an event that is a benefit crystallisation event (“the event”) listed in the table in section 216(1) of FA 2004[^f00083] occurs in relation to the member; and

(b) the member and the scheme manager are jointly and severally liable in relation to the event.

(2) A request may only be made by notice given to the scheme manager before the event occurs.

(3) The scheme manager may only comply with a request if the member pays the amount to the scheme manager on or before the date on which the event occurs.

Reduction of benefits where lifetime allowance charge payable

210

(1) This regulation applies if—

(a) an event that is a benefit crystallisation event (“the event”) listed in the table in section 216(1) of FA 2004 (“the table”) occurs in relation to a member;

(b) the member and the scheme manager are jointly and severally liable in relation to the event; and

(c) no request has been duly made under regulation 209 in relation to the event or, if such a request has been made, the scheme manager is prevented from complying with it by paragraph (3) of that regulation.

(2) If this regulation applies—

(a) the scheme manager must pay the tax payable on the event;

(b) if the event is benefit crystallisation event 8 in the table (transfer to qualifying recognised overseas pension scheme), the amount or value of the sums or assets transferred must be reduced; and

(c) in the case of any other event in the table, the amount or value of the benefits payable to or in respect of the member must be reduced.

(3) The amount or value of the reduction—

(a) must fully reflect the amount of the tax so paid;

(b) must be determined in accordance with guidance provided by the scheme manager; and

Information about payment of annual allowance charge

211

(1) If a member’s pension scheme input amount for this scheme for a tax year exceeds the amount of the annual allowance for that tax year, paragraph (2) applies in respect of the member for that tax year.

(2) The scheme manager must, no later than 31st July after the end of the tax year, provide the member with any information the scheme manager considers appropriate to assist the member to arrange payment of the annual allowance charge for that tax year.

(3) In this regulation—

“annual allowance” has the meaning given in section 228 (annual allowance) of FA 2004[^f00084];

“annual allowance charge” has the meaning given in section 227 (annual allowance charge) of FA 2004[^f00085];

“pension scheme input amount” has the same meaning as in section237B(2) of FA 2004[^f00086] (liability of scheme administrator); and

“tax year” means a period of one year which is the period of assessment for income tax purposes.

Reduction of benefits where annual allowance charge paid by scheme manager

212

(1) This regulation applies where—

(a) a member gives valid notice to the scheme manager of joint and several liability for an annual allowance charge under section 237B(3) of FA 2004; and

(b) the scheme manager satisfies the liability specified in the notice.

(2) The amount or value of the benefits payable to or in respect of the member for the tax year to which the notice relates must be reduced by the scheme manager in accordance with paragraph (3).

(3) Subject to paragraph (4), the amount or value of the reduction of benefits—

(a) must fully reflect the amount paid by the scheme manager; and

(b) must be consistent with normal actuarial practice.

(4) Benefits may only be reduced under this regulation to the extent that the reduction would not result in the loss of any part of a guaranteed minimum pension to which a person is entitled under section 14 (earner’s guaranteed minimum) or 17 (minimum pension for surviving spouses and civil partners) of PSA 1993.

(5) In this regulation—

“annual allowance charge” has the meaning given in section 227 (annual allowance charge) of FA 2004; and

“tax year” means a period of one year which is the period of assessment for income tax purposes.

CHAPTER 7 — General

General prohibition on unauthorised payments

213

Nothing in these Regulations requires or authorises the making of any payment, which, if made, would be an unauthorised payment for the purposes of Part 4 of FA 2004 (pension schemes etc.) (see section 160(5) of that Act).

Calculation of periods of membership and service

214

(1) For the purposes of this scheme, periods of membership and service are to be expressed in the first instance in whole years, and days and fractions of a day, and the initial aggregation of periods that require to be aggregated is done in the first instance by reference to periods so expressed.

Procedure on appeals to tribunal

215

(1) An appeal lodged with the scheme manager under regulation 198(2) (appeals to tribunal: payment of benefits) or 207(1) (forfeiture: appeals to tribunal) must—

(a) be made by notice in writing; and

(b) specify the grounds of appeal.

(2) The scheme manager, on receiving a notice of appeal, must appoint an appeal tribunal (“the tribunal”) to hear the appeal.

(3) The tribunal must consist of 3 persons including—

(a) an advocate or solicitor of not less than 7 years’ standing who must be appointed as chair;

(b) a former member of the police force who before leaving the police force held a rank not below Superintendent.

(4) The tribunal must—

(a) determine the time and place of the hearing and of any postponed or adjourned hearing; and

(b) give reasonable notice of those details to the parties.

(5) Either party may—

(a) be represented before the tribunal by counsel, a solicitor or any other person the party considers appropriate;

(b) adduce evidence; and

(6) The tribunal must determine its own procedure but—

(a) the tribunal must have regard to the practice of the sheriff that applies to an appeal under regulation 197 (appeals to sheriff); and

(b) the rules of evidence that apply to an appeal under that regulation apply to an appeal under this regulation.

(7) The tribunal, after hearing and determining the appeal, may make any order as appears to it just.

(8) The order must state the reasons for the decision and each of the parties must be given a copy.

(9) Either party may appeal to the sheriff in accordance with rules of court on any point of law arising from a decision of the tribunal under this regulation.

Evidence of entitlement

216

(1) The scheme manager may require any person who is receiving a pension under this scheme to provide evidence to establish—

(a) the person’s identity; and

(b) the person’s continuing entitlement to payment of any amount.

(2) If the person does not provide the required evidence, the scheme manager may withhold the whole or any part of any benefits payable under this scheme in respect of the person.

Provision of benefit information statements to members

217

The scheme manager must provide benefit information statements to each active member of this scheme in accordance with—

(a) section 14 of the Act (information about benefits); and

(b) Treasury directions given under that section.

Transitional provisions

218

Schedule 4 (transitional provisions) has effect.

SCHEDULE 1 — Medical decisions: appeals and reconsideration

Interpretation

1

In this Schedule—

“appeal board” means a board appointed paragraph 6 of this Schedule;

“final” decision has the meaning given in paragraph 3;

“medical decision” means a decision contained in— a report by the selected medical practitioner under regulation 71 (referral of medical questions to a selected medical practitioner for purpose of regulation 72); a report by the selected medical practitioner under regulation 73 (compulsory retirement of member who was required to continue to serve); a report by the selected medical practitioner under regulation 76 (referral of medical questions for purpose of early payment of a full retirement pension on grounds of permanent medical unfitness); a report by the selected medical practitioner under regulation 97 (referral of medical questions for purpose of reduction of benefits); a report by the selected medical practitioner under regulation 107 (referral of medical questions for purpose of a review); a report by the appeal board under paragraph 2(5) (appeal against decision of a selected medical practitioner); or a fresh report by a medical authority under paragraph 3 (referral of final decision for reconsideration);

“medical authority” means a selected medical practitioner or an appeal board;

“selected medical practitioner” means— a single duly qualified medical practitioner selected by the employer; or a board of duly qualified medical practitioners selected by the employer.

Appeal against decision of a selected medical practitioner

2

(1) Within 28 days after a member of the police force receives a copy of a report by the selected medical practitioner containing a medical decision (or such longer period as the employer may allow), the member may give notice of appeal to the employer against the decision in accordance with paragraph 7 (procedure and costs on appeals to appeal board).

(2) An appeal under this paragraph is to be held in accordance with paragraph 7.

(3) Sub-paragraph (4) applies if, within a further 28 days after the employer receives the notice of appeal (or such longer period as the employer may allow), the member gives the employer a statement of the grounds of appeal.

(4) The employer must, unless the member and the employer agree to a further reference to a selected medical practitioner under paragraph 3 refer the appeal to an appeal board for decision.

(5) The decision of the appeal board, if it disagrees with any part of the report of the selected medical practitioner, must be expressed in the form of a report.

(6) Subject to paragraph 3, that report is final.

(7) A copy of the report must be given to the scheme manager and to the member.

Referral of final decision for reconsideration

3

(1) This paragraph applies if a medical authority has given a final decision in relation to a member of the police force (“the member”).

(2) For the purpose of this Schedule, a medical authority has given a final decision if—

(a) the selected medical practitioner has given a medical decision and the time for giving notice of appeal against the decision under paragraph 2(1) has expired without an appeal being made;

(b) the selected medical practitioner has given a medical decision and, following the giving of notice of appeal under paragraph 2(1), the employer has not yet referred the appeal to an appeal board; or

(3) The employer and the member may, by agreement, refer the final decision to the medical authority for reconsideration.

(4) The medical authority must reconsider the final decision and, if necessary, issue a fresh report.

(5) A copy of the fresh report must be given to the scheme manager and to the member.

(6) The fresh report is final, subject to—

(a) any further reconsideration of the final decision under this paragraph; or

(b) an appeal under paragraph 2 against the medical decision.

(7) In sub-paragraph (6), “appeal” means an appeal in respect of which a notice of appeal was given before the medical decision was referred under this paragraph.

(8) In this paragraph, “medical decision” does not include a decision contained in a fresh report issued under this paragraph.

Referral of final decision by sheriff or tribunal

4

(1) If a sheriff or a tribunal hearing an appeal under regulation 197 or 198 considers that the evidence before the medical authority which gave a final decision was inaccurate or inadequate—

(a) the sheriff or tribunal may refer the final decision to the medical authority for reconsideration in the light of such facts as the court or tribunal may direct; and

(b) the medical authority must reconsider the final decision and, if necessary, issue a fresh report.

(2) A copy of the fresh report must be given to the scheme manager and to the member.

(3) Subject to any further reconsideration under paragraph 3, the fresh report is final.

Referral to appointed medical practitioner

5

(1) If a final decision is referred to a medical authority for reconsideration under paragraph 3 or 4 and the medical authority is unable or unwilling to act, the final decision may be referred to an appointed medical practitioner.

(2) The decision of an appointed medical practitioner has effect as if it were that of the medical authority who gave the final decision.

(3) In this paragraph, “appointed medical practitioner” means a duly qualified medical practitioner or a board of duly qualified medical practitioners—

(a) agreed by the member and the employer; or

(b) appointed by the sheriff or tribunal.

Appointment of appeal board

6

(1) An appeal board must consist of not less than 3 medical practitioners—

(a) who are appointed by the employer in accordance with arrangements approved by the scheme manager; and

(b) of whom one must be appointed chair.

(2) At least one member of the appeal board must be a specialist in a medical condition relevant to the appeal.

(3) Where there is an equality of voting among members of the appeal board, the chair has a casting vote.

(4) There must be paid to the members of the appeal board—

(a) such fees as are determined in accordance with arrangements made by the scheme manager; or

(b) where no such arrangements have been made, such fees and allowances as the scheme manager may from time to time determine.

(5) Any fees or allowances so payable must, subject to paragraph 10 (costs payable if hearing is cancelled, adjourned or postponed)—

(a) be paid by the employer; and

(b) be treated as part of the expenses of the employer for the purposes of this paragraph.

Procedure and costs on appeals to appeal board

7

(1) The notice of appeal and the statement of grounds of appeal must be in writing.

(2) The employer must send copies of the following documents to the scheme manager and to the appeal board—

(a) the notice of appeal;

(b) the statement of grounds of appeal; and

Hearing the appeal

8

(1) The appeal board must—

(a) appoint a time and place for hearing the appeal and for any further hearings it may consider necessary; and

(b) give notice of the hearing to the appellant and the employer (“the parties to the appeal”).

(2) Notice of a hearing must be given at least 2 months before the hearing (or any shorter period the parties to the appeal agree).

(3) The parties to the appeal must, not less than 35 days (including weekends and public holidays) before the date appointed for a hearing, inform the appeal board whether they intend to be represented at the hearing.

(4) The appeal board may interview or examine the appellant at any hearing.

(5) Any hearing (including any medical examination of the appellant) may be attended by—

(a) the selected medical practitioner or, if the selected medical practitioner is unavailable, a duly qualified medical practitioner appointed for the purpose by the employer; and

(b) a duly qualified medical practitioner appointed for the purpose by the appellant.

(6) A medical practitioner mentioned in sub-paragraph (5) who attends a hearing may only observe a medical examination.

(7) If any hearing includes a medical examination, only medical practitioners may be present for that part of the hearing.

(8) The appeal board must supply the parties to the appeal with a written statement of its decision.

(9) If the appeal board disagrees with any part of the selected medical practitioner’s report, the appeal board must supply a revised report.

(10) A copy of the revised report must be given to the scheme manager and to the member.

Written evidence or a written statement

9

(1) A party to an appeal who intends to submit written evidence or a written statement at a hearing must, subject to sub-paragraph (2), submit it to the appeal board and the other party not less than 35 days before the date appointed for the hearing.

(2) If a party submits written evidence or a written statement under sub-paragraph (1), the other party may, not less than 7 days before the date appointed for the hearing, submit written evidence or a written statement in response.

(3) Any evidence or statement submitted under sub-paragraph (2) must be submitted to the appeal board and the party who submitted the evidence or statement under sub-paragraph (1).

(4) The appeal board may postpone or adjourn the date appointed for the hearing if—

(a) written evidence or a written statement is submitted in contravention of this paragraph; or

(b) it appears necessary to do so for the proper determination of the appeal.

(5) References in this paragraph to periods of days include weekends and public holidays.

Costs payable if hearing is cancelled, adjourned or postponed

10

(1) Subject to the following provisions, the expenses of each party to the appeal must be borne by that party.

(2) This sub-paragraph applies if a hearing is cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the employer less than 22 days (including weekends and public holidays) before the date appointed for the hearing.

(3) If sub-paragraph (2) applies, the appeal board must require the employer to pay to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending or arranging to attend the cancelled, adjourned or postponed hearing.

(4) This sub-paragraph applies if the appeal board determines that a hearing has been cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the appellant less than 22 days (including weekends and public holidays) before the date appointed for the hearing.

(5) If sub-paragraph (4) applies, the appeal board may require the appellant to pay towards the cost of the cancellation, adjournment or postponement such sum not exceeding the total costs of the cancellation, adjournment or postponement as the appeal board decides, taking account of representations from either party.

Costs payable on decision

11

(1) Costs are payable in accordance with this paragraph on determination of the appeal.

(2) If the appeal board decides in favour of the appellant, the employer must refund to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending any hearing of the appeal.

(3) This sub-paragraph applies if the appeal board—

(a) decides in favour of the employer; and

(b) reports that in its opinion the appeal was frivolous or vexatious.

(4) If sub-paragraph (3) applies, the employer may, subject to sub-paragraph (5), require the appellant to pay towards the cost of the appeal such sum not exceeding the total fees and allowances of the members of the appeal board as the employer thinks fit.

(5) If the appeal board, after taking account of any representations from either party, decides there are exceptional reasons why the appellant should not pay towards the cost of the appeal—

(a) the appeal board must give the parties written notice of its decision; and

(b) the employer must not require the appellant to pay towards those costs.

SCHEDULE 2 — Progressive medical conditions

AIDS;

Alzheimer’s disease;

Cancer;

Creutzfeld-Jacob disease;

Huntington’s chorea;

Motor neurone disease;

Multiple sclerosis;

Nieman Pick disease;

Non-variant Creutzfeld-Jacob disease;

Parkinson’s disease; and

Variant Creutzfeld-Jacob disease.

SCHEDULE 3 — Payments for added pension

PART 1 — General

Interpretation

1

In this Schedule—

“added pension option” means the option to make payments for added pension;

“amount of accrued added pension” means the total of— the amount of accrued added (self only) pension (if any); and the amount of accrued added (all beneficiaries) pension (if any);

“appropriate pay period” means the pay period that the scheme manager considers appropriate;

“overall limit of added pension” has the meaning given in paragraph 2;

“periodical payment period” means the period for which periodical payments for added pension are payable;

“period of service”, in relation to this scheme, means a continuous period of pensionable service under this scheme;

“the relevant day”, in relation to a lump sum payment for added pension, means— if the scheme manager provides a statement of the amount of added pension, the first day after the period of one month beginning with the date of the statement; or otherwise, the day on which the lump sum payment is received by the scheme manager;

“the relevant scheme year” means the scheme year in which the relevant day falls; and

“statement of the amount of added pension” means the statement referred to in paragraph 15.

Meaning of “overall limit of added pension”

2

(1) The overall limit of added pension is—

(a) £6,500 for any scheme year ending before 1st April 2016; and

(b) for any scheme year beginning on or after 1st April 2016—

(i) the overall limit of added pension determined by the Treasury in respect of that scheme year as published before the start of that scheme year; or

(ii) if no such determination is made, the amount calculated under sub-paragraph (2).

(2) The amount is the amount to which the annual rate of a pension of an amount equal to the overall limit of added pension for the previous scheme year would have been increased under PIA 1971 if—

(a) that pension were eligible to be so increased; and

(b) the beginning date for that pension were the first day of the previous scheme year.

Amount of accrued added pension may not exceed overall limit of added pension

3

(1) At any given time, the total amount of accrued added pension in the active member’s account may not exceed the overall limit of added pension.

(2) If a member has opted to make periodical payments for added pension under this scheme, the scheme manager may by written notice to the member cancel the added pension option if it appears to the scheme manager that the overall limit of added pension will be exceeded if the member continues to make the periodical payments.

(3) If the scheme manager cancels the option, the periodical payments cease to be payable from the next pay period beginning after the date specified in the notice of cancellation.

Refund of overpayments

4

The scheme manager must refund to a member the amount of any payment for added pension made by the member that results in the overall limit of added pension being exceeded.

PART 2 — Exercising the added pension option

Added pension option exercisable by member

5

(1) An active member of this scheme may opt to make payments for added pension to increase—

(a) the member’s retirement benefits[^f00087] for a period of service; or

(b) the member’s retirement benefits and death benefits payable in respect of the member for a period of service.

(2) A member may exercise the added pension option by written notice to the scheme manager (“the option notice”).

(3) The option notice must state whether the payments for added pension are to be made by—

(a) periodical payments; or

(b) a lump sum payment.

(4) A member may exercise the added pension option more than once but an option to make a lump sum payment for added pension may only be exercised once in any scheme year.

(5) An option to make a lump sum payment for added pension may only be exercised if the member—

(a) has been an active member of this scheme in relation to a continuous period of pensionable service for at least 12 months; and

(b) has been provided with a statement of the amount of added pension (if paragraph 15 applies).

PART 3 — Periodical payments for added pension

Application of Part

6

This Part applies in relation to an active member of this scheme who opts to make periodical payments for added pension under this scheme.

Member’s option to make periodical payments for added pension

7

(1) The option notice must specify—

(a) the periodical payment period; and

(b) the amount of the periodical payment to be deducted by the member’s employer from the member’s pay in each pay period.

(2) The amount of the periodical payment may be expressed as—

(a) a percentage of the amount of a payment of the member’s pensionable earnings; or

(b) a fixed sum.

(3) The amount of the periodical payment must not be less than any minimum amount determined by the scheme manager.

Cancellation of option by member

8

(1) The member may, by written notice to the scheme manager, cancel the option at any time during the periodical payment period (“notice of cancellation”).

(2) If the member cancels the option, the periodical payments cease to be payable from the beginning of the next scheme year after the scheme manager receives the notice of cancellation.

Periodical payments

9

(1) The periodical payments are payable by deduction by the member’s employer from the member’s pay during the periodical payment period.

(2) The periodical payment period—

(a) begins with—

(i) if the member exercises the option within 3 months after joining this scheme, the first appropriate pay period beginning on or after the date on which the scheme manager receives the option notice; or

(ii) in any other case, the first appropriate pay period of the scheme year beginning on or after the date on which the scheme manager receives the option notice; and

(b) ends on the earlier of—

(i) the date on which the member ceases to be an active member of this scheme; and

(ii) the date specified in the option notice.

(3) Subject to sub-paragraph (4), during a period of assumed pay the member may—

(a) stop the periodical payments; or

(b) continue the periodical payments as if the member were receiving pensionable earnings at the rate that applied at the beginning of the period of assumed pay.

(4) During any period in which the member is receiving statutory maternity pay within the meaning of the Social Security Contributions and Benefits Act 1992[^f00088] or is on paid maternity leave, paid adoption leave, paid maternity support leave or paid adoption support leave, the member may—

(a) stop the periodical payments; or

(b) make periodical payments of an amount determined by reference to the member’s actual pay during that period.

(5) If a member stops the periodical payments during a period of assumed pay, the member may by written notice to the scheme manager resume the periodical payments in the next pay period after the period of assumed pay ends.

Amount of added (self only) pension for a scheme year (periodical payments)

10

(1) This paragraph applies in relation to each scheme year during which a member makes periodical payments to increase the member’s retirement benefits only.

(2) An amount of added (self only) pension is credited to the active member’s account for that scheme year.

(3) The amount is determined by the scheme manager in accordance with actuarial tables, having regard to the cost in the scheme year of providing retirement benefits to a person of the member’s age and gender.

Amount of added (all beneficiaries) pension for a scheme year (periodical payments)

11

(1) This paragraph applies in relation to each scheme year during which a member makes periodical payments to increase—

(a) the member’s retirement benefits; and

(b) death benefits payable in respect of the member.

(2) An amount of added (all beneficiaries) pension is credited to the active member’s account for that scheme year.

(3) The amount is determined by the scheme manager in accordance with actuarial tables, having regard to the cost in the scheme year of providing retirement benefits to—

(a) a person of the member’s age; and

(b) dependants of a person of that age.

PART 4 — Lump sum payments for added pension made by member

Application of Part

12

This Part applies in relation to an active member of this scheme who opts to make a lump sum payment for added pension under this scheme.

Member’s option to make a lump sum payment for added pension

13

(1) The option notice must specify the amount of the lump sum which must not be less than any minimum amount determined by the scheme manager.

(2) The lump sum is payable immediately to the scheme manager by deduction by the member’s employer from the member’s pay or otherwise.

Statement of amount of added pension

14

(1) If the scheme manager so requires, the member before exercising the option must ask the scheme manager to provide a statement of the amount of added pension.

(2) A statement of the amount of added pension must set out the amount that would be credited to the active member’s account if the lump sum is received by the scheme manager within one month after the date of the statement.

(3) The statement must also—

(a) specify the overall limit of added pension; and

(b) inform the member if it appears to the scheme manager that the overall limit of added pension would be exceeded if the active member’s account is credited with the amount of added pension set out in the statement.

Amount of added (self only) pension (lump sum payment)

15

(1) This paragraph applies if a member opts to make a lump sum payment to increase the member’s retirement benefits only.

(2) Following payment of the lump sum by the member, an amount of added (self only) pension is credited to the active member’s account for the relevant scheme year.

(3) The amount credited to the account is—

(a) if the scheme manager has provided a statement of the amount of added pension and the lump sum is received by the scheme manager within one month after the date of the statement, the amount specified in the statement; or

(b) otherwise, an amount determined by the scheme manager in accordance with actuarial tables having regard to—

(i) the amount of the lump sum;

(ii) the cost as at the relevant day of providing retirement benefits to a person of the member’s age and gender;

(iii) factors relating to the member’s circumstances as at the relevant day; and

(iv) any other factors as at the date of the statement of the amount of added pension to which the scheme actuary considers regard should be had.

Amount of added (all beneficiaries) pension (lump sum payment)

16

(1) This paragraph applies if a member opts to pay a lump sum to increase—

(a) the member’s retirement benefits; and

(b) death benefits payable in respect of the member.

(2) On payment of the lump sum by the member an amount of added (all beneficiaries) pension is credited to the active member’s account in the relevant scheme year.

(3) The amount credited to the account is—

(a) if the scheme manager has provided a statement of the amount of added pension and the lump sum is received by the scheme manager within one month after the date of the statement, the amount specified in the statement; or

(b) otherwise, an amount determined by the scheme manager in accordance with actuarial tables having regard to—

(i) the amount of the lump sum;

(ii) the cost as at the relevant day of providing retirement benefits to a person of the member’s age and dependants of a person of that age;

(iii) factors relating to the member’s circumstances as at the relevant day; and

(iv) any other factors as at the date of the statement of the amount of added pension to which the scheme actuary considers regard should be had.

SCHEDULE 4 — Transitional provisions

PART 1 — General

Interpretation

1

In this Schedule—

“the 1987 Regulations” means the Police Pensions Regulations 1987[^f00089];

“the 2007 Regulations” means the Police Pensions (Scotland) Regulations 2007[^f00090];

“1987 transition member” means a person— who is a member of the 1987 scheme by virtue of his or her pensionable service under that scheme before the transition date; and who is a member of this scheme by virtue of his or her pensionable service under this scheme;

“2006 transition member” means a person— who is a member of the 2006 scheme by virtue of his or her pensionable service under that scheme before the transition date; and who is a member of this scheme by virtue of his or her pensionable service under this scheme;

“active member”, in relation to this scheme, means a person— who is an active member of this scheme; or who, for the purpose of determining entitlement to payment of benefits to or in respect of the member, is taken to be an active member of this scheme[^f00091];

“closing date”, in relation to a transition member, means— if the member is a tapered protection member of the existing police pension scheme, the tapered protection closing date for that member; or if the member is not a protected member of the existing police pension scheme, the scheme closing date;

“exception” means an exception to section 18(1) of the Act;

“full protection member”— in relation to the 1987 scheme, has the meaning given in Part 2 of this Schedule; in relation to the 2006 scheme, has the meaning given in Part 3 of this Schedule; in relation to the 1988 NI police pension scheme or the 2009 NI police pension scheme, has the meaning given in the 2015 NI police pension scheme; and in relation to an existing scheme other than the 1987 scheme or the 2006 scheme, means a person in respect of whom an exception under section 18(6) of the Act applies for the purpose of that scheme;

“period of service”— in relation to this scheme, means a continuous period of pensionable service under this scheme; in relation to an existing scheme, the 1988 NI police pension scheme or the 2009 NI police pension scheme, means a period of pensionable service under that scheme;

“protected member”, in relation to the existing police pension scheme, means a full protection member or tapered protection member of that scheme;

“protection period”— for a full protection member of the 1987 scheme, has the meaning given in Part 2 of this Schedule; for a full protection member of the 2006 scheme, has the meaning given in Part 3 of this Schedule; for a tapered protection member of the 1987 scheme, has the meaning given in Part 4 of this Schedule; for a tapered protection member of the 2006 scheme, has the meaning given in Part 5 of this Schedule;

“tapered protection member”— in relation to the 1987 scheme, has the meaning given in Part 4 of this Schedule; in relation to the 2006 scheme, has the meaning given in Part 5 of this Schedule; in relation to the 1988 NI police pension scheme or the 2009 NI police pension scheme, has the meaning given in the 2015 NI police pension scheme; and in relation to an existing scheme other than the 1987 scheme or the 2006 scheme, means a person in respect of whom an exception under section 18(6) of the Act applies for the purpose of that scheme; and

“transition date”, in relation to a transition member, means— if the member is a tapered protection member of the existing police pension scheme, the day after the tapered protection closing date for that member; if the member is not a protected member of that scheme, the day after the scheme closing date.

Meaning of “tapered protection closing date”

2

(1) The tapered protection closing date for a tapered protection member of the existing police pension scheme is a date between 24th May 2015 and 31st March 2022 (inclusive) determined by the scheme manager by reference to a table published for that purpose on the www.sppa.gov.uk website.

(2) If a tapered protection member falls within more than one sub-paragraph in a paragraph in Part 4 or 5 of this Schedule, the scheme manager must determine the tapered protection closing date by reference to the table which provides the latest tapered protection closing date.

Pensionable service under a police scheme

3

(1) For the purpose of this Schedule, a transition member (T) is in pensionable service under a police scheme while T is on unpaid leave from the employment to which that service relates.

(2) For the purpose of sub-paragraph (1)—

“a police scheme” means— the 1987 scheme; the 1988 NI Police pension scheme; the 2006 scheme; the existing England and Wales police pension scheme; the 2009 NI police pension scheme; the 2015 England and Wales police pension scheme; or the 2015 NI police pension scheme; and

“unpaid leave”, in relation to employment to which pensionable service under a police scheme relates, means— a career break; or any other period of unpaid leave— that does not exceed 5 years; and during which the employment relationship continues [^f00092].

Continuity of service (1987 transition members)

4

(1) A 1987 transition member (T) has continuity of service for the purpose of these Regulations if T has continuity of service in relation to—

(a) a period of service under the 1987 scheme; and

(b) a period of service under this scheme.

(2) T has continuity of service in relation to a period of service under the 1987 scheme and a period of service under this scheme unless those periods of service are separated by any gap in pensionable service exceeding 5 years which—

(a) begins on or before T’s transition date; and

(b) ends on the day on which T becomes an active member of this scheme.

(3) For the purpose of sub-paragraph (2), T is not on a gap in pensionable service after the scheme closing date while T is in pensionable service under—

(a) an existing scheme other than the 2006 scheme or the existing England and Wales police pension scheme;

(b) the 1988 NI police pension scheme;

(d) the 2015 NI police pension scheme.

Continuity of service (2006 transition members)

5

(1) A 2006 transition member (T) has continuity of service for the purpose of these Regulations if T has continuity of service in relation to—

(a) a period of service under the 2006 scheme; and

(b) a period of service under this scheme.

(2) T has continuity of service in relation to a period of service under the 2006 scheme and a period of service under this scheme unless those periods of service are separated by a gap in pensionable service exceeding 5 years which—

(a) begins on or before T’s transition date; and

(b) ends on the day on which T becomes an active member of this scheme.

(3) For the purpose of sub-paragraph (2), T is not on a gap in pensionable service after the scheme closing date while T is in pensionable service under—

(a) an existing scheme;

(b) the 1988 NI police pension scheme;

(d) another scheme under section 1 of the Act providing for payment of retirement pensions; or

(e) the 2015 NI police pension scheme.

Meaning of “active member” of the 1987 scheme or the equivalent NI police pension scheme

6

(1) This paragraph applies in relation to—

(a) the 1987 scheme; and

(b) the 1988 NI police pension scheme.

(2) For the purpose of this Schedule, a transition member (T) is an active member of a scheme mentioned in sub-paragraph (1) on a given date if on that date T is in pensionable service[^f00093] under that scheme.

Meaning of “active member” of the 2006 scheme or the equivalent NI police pension scheme

7

(1) This paragraph applies in relation to—

(a) the 2006 scheme; and

(b) the 2009 NI police pension scheme.

(2) For the purpose of this Schedule, a transition member (T) is an active member of a scheme mentioned in sub-paragraph (1) on a given date if on that date—

(a) T is in pensionable service under that scheme; or

(b) T is on a gap in pensionable service not exceeding 5 years.

(3) For the purpose of sub-paragraph (2)(b), T is not on a gap in pensionable service after the scheme closing date while T is in pensionable service under—

(a) an existing scheme other than the 1987 scheme;

(b) the 2009 NI police pension scheme;

(d) the 2015 NI police pension scheme.

Meaning of “active member” of an existing scheme

8

(1) This paragraph applies in relation to an existing scheme other than the 1987 scheme or the 2006 scheme (“the existing scheme”).

(2) For the purpose of this Schedule, a transition member (T) is an active member of the existing scheme on a given date if on that date—

(a) T is in pensionable service under that scheme; or

(b) T is on a gap in pensionable service not exceeding 5 years.

(3) For the purpose of sub-paragraph (2)(b), T is not on a gap in pensionable service after the scheme closing date while T is in pensionable service under—

(a) an existing scheme;

(b) the 1988 NI police pension scheme;

(d) another scheme under section 1 of the Act providing for payment of retirement pensions; or

(e) the 2015 NI police pension scheme.

PART 2 — Exceptions for full protection members of the 1987 scheme

Meaning of “full protection member” (the 1987 scheme)

9

(1) A person (P) to whom paragraph 11 applies is a full protection member of the 1987 scheme.

(2) P ceases to be a full protection member of the 1987 scheme when P ceases to be in pensionable service under that scheme.

Exception for full protection member during protection period

10

(1) The protection period for a full protection member of the 1987 scheme—

(a) begins on the day after the scheme closing date; and

(b) ends when P ceases to be a full protection member of the 1987 scheme.

(2) In respect of the protection period—

(a) P is in pensionable service under the 1987 scheme;

(b) section 18(1) of the Act does not apply in respect of that pensionable service; and

Active member of the 1987 scheme on scheme closing date

11

(1) This paragraph applies if any of the following sub-paragraphs applies.

(2) This sub-paragraph applies if—

(a) P was an active member of the 1987 scheme on the scheme closing date and on 31st March 2012; and

(b) on 1st April 2012, P had reached 45.

(3) This sub-paragraph applies if—

(a) P was an active member of the 1987 scheme on the scheme closing date and on 31st March 2012;

(b) on 1st April 2012—

(i) P had reached 38; and

(ii) P had at least 20 years’ pensionable service under the 1987 scheme.

(4) This sub-paragraph applies if—

(a) on 31st March 2012, P was an active member of the 1988 NI police pension scheme;

(b) on the scheme closing date, P was an active member of the 1987 scheme;

(c) P did not have a gap in pensionable service between ceasing pensionable service under the 1988 NI police pension scheme and beginning pensionable service under the 1987 scheme; and

(d) P would have been a full protection member of the 1988 NI police pension scheme had P remained in pensionable service under that scheme.

PART 3 — Exceptions for full protection members of the 2006 scheme

Meaning of “full protection member” (the 2006 scheme)

12

(1) A person (P) to whom paragraph 14 applies is a full protection member of the 2006 scheme.

(2) P ceases to be a full protection member of the 2006 scheme when P ceases to be in pensionable service under that scheme.

Exception for full protection member during protection period

13

(1) The protection period for a full protection member of the 2006 scheme—

(a) begins on the day after the scheme closing date; and

(b) ends when P ceases to be a full protection member of the 2006 scheme.

(2) In respect of the protection period—

(a) P is in pensionable service under the 2006 scheme;

(b) section 18(1) of the Act does not apply in respect of that pensionable service; and

Active member of the 2006 scheme on scheme closing date

14

(1) This paragraph applies if any of the following sub-paragraphs applies.

(2) This sub-paragraph applies if—

(a) on the scheme closing date and on 31st March 2012, P was an active member of the 2006 scheme; and

(b) unless P dies, P would reach 55 on or before 1st April 2022.

(3) This sub-paragraph applies if—

(a) on 31st March 2012, P was an active member of the 1988 NI police pension scheme;

(b) on the scheme closing date, P was an active member of the 2006 scheme; and

(4) This sub-paragraph applies if—

(a) on 31st March 2012, P was an active member of the 2009 NI police pension scheme;

(b) on the scheme closing date, P was an active member of the 2006 scheme; and

(5) This sub-paragraph applies if—

(a) on 31st March 2012, P was an active member of an existing scheme other than the 2006 scheme (“the existing scheme”);

(b) on the scheme closing date, P was an active member of the 2006 scheme; and

PART 4 — Exceptions for tapered protection members of the 1987 scheme

Meaning of “tapered protection member” (the 1987 scheme)

15

(1) A person (P) to whom paragraph 17 applies is a tapered protection member of the 1987 scheme.

(2) P ceases to be a tapered protection member of the 1987 scheme on whichever of the following days occurs first—

(a) P’s tapered protection closing date; or

(b) the day on which P ceases to be in pensionable service under the 1987 scheme.

Exception for tapered protection members during protection period

16

(1) The protection period for a tapered protection member of the 1987 scheme—

(a) begins on the day after the scheme closing date; and

(b) ends when P ceases to be a tapered protection member of the 1987 scheme.

(2) In respect of the protection period—

(a) P is in pensionable service under the 1987 scheme;

(b) section 18(1) of the Act does not apply in respect of that pensionable service; and

Active member of the 1987 scheme on scheme closing date

17

(1) This paragraph applies if any of the following sub-paragraphs applies.

(2) This sub-paragraph applies if—

(a) P was an active member of the 1987 scheme on the scheme closing date and on 31st March 2012; and

(b) on 1st April 2012, P had reached 41 but had not reached 45.

(3) This sub-paragraph applies if—

(a) P was an active member of the 1987 scheme on the scheme closing date and on 31st March 2012; and

(b) on 1st April 2012—

(i) P had reached 34 but had not reached 38; and

(ii) P had at least 20 years’ pensionable service under the 1987 scheme.

(4) This sub-paragraph applies if—

(a) P was an active member of the 1987 scheme on the scheme closing date and on 31st March 2012; and

(b) on 1st April 2012—

(i) P had reached 38 but had not reached 45; and

(ii) P had at least 16 but less than 20 years’ pensionable service under the 1987 scheme.

(5) This sub-paragraph applies if—

(a) P was an active member of the 1987 scheme on the scheme closing date and on 31st March 2012; and

(b) on 1st April 2012—

(i) P had not reached 38;

(ii) P had less than 20 years’ pensionable service under the 1987 scheme; and

(iii) the sum of P’s age in years and the number of years of P’s pensionable service under the 1987 scheme is at least 54 but less than 58.

(6) This sub-paragraph applies if—

(a) on 31st March 2012, P was an active member of the 1988 NI police pension scheme;

(b) on the scheme closing date, P was an active member of the 1987 scheme;

(c) P did not have a gap in pensionable service between ceasing pensionable service under the 1988 NI police pension scheme and beginning pensionable service under the 1987 scheme; and

(d) P would have been a full protection member or tapered protection member of the 1988 NI police pension scheme had P remained in pensionable service under that scheme.

PART 5 — Exceptions for tapered protection members of the 2006 scheme

Meaning of “tapered protection member” (the 2006 scheme)

18

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