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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Police Pensions (Part-time Service) Amendment (Scotland) Regulations 2005 No. 495 URL: http://www.bailii.org/scot/legis/num_reg/2005/20050495.html |
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Made | 6th October 2005 | ||
Laid before the Scottish Parliament | 7th October 2005 | ||
Coming into force | 14th November 2005 |
the police authority in question shall pay the amount or additional amount of pension benefit payable together with interest from the date payment was due calculated at the rate of 5 per cent per year, compounded with yearly rests.
Commutation of late payments
5.
Any notice of commutation under regulation B7 of the Police Pensions Regulations 1987 in respect of a sum which becomes payable–
(3) After paragraph (4A) insert–
any contributions she is making under the election by periodical payments shall, from the date on which her service becomes part time and subject to paragraph (4E), increase to such amount as is appropriate as a result of paragraph (4)(b).
(4E) Such a woman may vary the election by notice in writing to the police authority given within the period of 3 months beginning with the date on which the service becomes part time, and that variation shall take effect as from that date.
(4F) Where a woman makes such an election on or after the date on which the Police Pensions (Part time Service) Amendment (Scotland) Regulations 2005 come into force and she is in part time service on that date, she shall notify the police authority in writing that either–
(4G) Where a woman varies an election under this regulation, the contributions payable by her by periodical payments shall, from the date when the election takes effect, continue to be payable at the same percentage of her pay as before the variation, but the period of the woman's pensionable service counting as mentioned in paragraph (1) shall be given by the formula–
P x V |
(4H) Where a woman makes a notification under paragraph (4F)(b), the contributions payable by her as a lump sum or by periodical payments shall be payable at the same percentage of her pay as if she were in full-time service, but the period of the woman's pensionable service counting as mentioned in paragraph (1) shall be given by the formula set out in paragraph (4G), save that references to contributions paid by periodical payments shall include references to contributions paid as a lump sum.".
(4) After paragraph 13 insert–
(2) Subject to paragraph 5, the amount of the annual pension is given by the formula–
N x R |
4.
—(1) This paragraph applies where–
(2) Subject to paragraph 5, the amount of the annual pension is given by the formula–
N x R |
5.
The amount of the annual pension may not exceed two thirds of the policeman's average pensionable pay.
6.
If the amount of the pension a person would be entitled to in accordance with paragraphs 1 to 4 would be less than the amount would have been if the person had become entitled to receive an ordinary pension by retiring after due notice from the same police force at an earlier date, then, subject to paragraph 5 and to Parts VII and VIII of this Schedule, the pension is to be a pension of the last mentioned amount instead.
7.
For the purposes of paragraph 6, any difference in those amounts attributable to a pension debit is disregarded.
3.
In the case of a policeman any of whose service by virtue of which his or her pensionable service is reckonable was part time, the amount of the annual pension is given by the formula–
N x R |
but in either case subject to paragraphs 6 and 7.".
(3) After paragraph 4 insert–
N x R |
4B.
The formula referred to in paragraph 1(b)(ii) is–
N x R |
(4) The provisions of paragraph 5 are to become sub paragraph (1) of that paragraph and after "paragraph 3 or 4" insert "or the formula in paragraph 4A or 4B".
(5) After that sub paragraph insert–
RP x R |
(6) After paragraph 5 insert–
then the pension shall be of that amount instead.".
G x R |
(3) After paragraph 1 insert–
(4) In paragraph 2 for "shall be of the amount" to the end of that paragraph substitute–
M x R |
(5) After paragraph 2 insert–
(6) In paragraph 3(1) for "by reference" onwards substitute "by reference to this Schedule".
(7) After paragraph 6 insert–
then the award shall be of the last mentioned amount instead.".
(2) Omit paragraph 8A of Part I of Schedule J (part time service).
(3) Omit "paragraph 1 of" in paragraph 3(2) of Part IV of Schedule J (periods to be completed in half years).
(3) Insert "Subject to sub paragraph (1A)," at the beginning of sub paragraph (2).
(4) After sub paragraph (2) insert–
and accordingly no period of such credited service is to be multiplied by the appropriate factor, and
(b) where calculations are made by reference to the period that would be the period in years of a person's pensionable service if periods of part-time service were reckonable as if they were periods of full-time service, such credited pensionable service counts as if it were attributable to service that was full-time.".
7.
—(1) Paragraph 4 of Part VI of Schedule J (part time service) is amended as follows.
(2) After sub paragraph (2) insert–
P x R |
(4) The provisions referred to in sub paragraph (3) are–
(5) If in a case where any of a policeman's service by virtue of which his or her pensionable service is reckonable was part time service, an award calculated in accordance with sub paragraphs (3) and (4) would be less than it would have been if he or she had become entitled to it at an earlier date, then that greater amount shall be substituted for it.
(6) If in a case where–
an award calculated in accordance with sub paragraphs (3) and (4) would be less than it would have been if those Regulations had not been made, then that greater amount shall be substituted for it.
(7) If in a case where any of a policeman's service by virtue of which his or her pensionable service is reckonable is part time service before the date on which the Police Pensions (Part time Service) Amendment (Scotland) Regulations 2005 come into force, an award calculated in accordance with sub paragraphs (3) and (4)(c) to (e), (g) or (h) would be less than it would have been if those Regulations had not been made, that greater amount shall be substituted for it.
(8) For the purposes of an award calculated in accordance with sub paragraphs (3) and (4)(a), (b), (f), (i) or (j), references in sub paragraphs (3), (5) (6) and (7) to a person's pensionable service shall in the case of a regular policeman who has made an election under regulation G4(1) include references to the pensionable service which would have been reckonable by him or her if he or she had not made such an election.".
2.
After regulation 7 insert–
the contributions payable for the number of additional sixtieths to which the election relates shall, subject to paragraph (4), be such amount as is appropriate as a result of paragraph 2(3) of the Schedule.
(4) Such a person may vary the election by notice in writing to the police authority given within the period of 3 months beginning with the date on which the service becomes part time, and that variation shall take effect as from that date.
(5) Where a person makes such an election on or after the date on which the Police Pensions (Part time Service) Amendment (Scotland) Regulations 2005 come into force and he or she is in part time service on that date, he or she shall notify the police authority in writing that either–
(6) Where a person varies his or her election under this regulation, the contributions payable by him or her by periodical payments shall, from the date that the Police Pensions (Part-time Service) Amendment (Scotland) Regulations 2005 come into force, continue to be payable as they were before the variation, but the benefits which he or she is entitled to reckon shall be given by the formula–
P x V |
(7) Where a person makes a notification under paragraph (5)(b), the payments payable by him or her as a lump sum or by periodical payments shall be payable at the same percentage of his or her pay as if he or she were in full-time service, but the benefits which he or she is entitled to reckon shall be given by the formula set out in paragraph (6), save that references to contributions paid by periodical payments shall include references to contributions paid as a lump sum.".
3.
In regulation 8(1)(a) after "or" insert "failed to pay the whole or part of a lump sum payment on those grounds under that regulation, or".
4.
In paragraph 1(2) of the Schedule (lump sum payments) after the definition of "his age" insert–
5.
In paragraph 2 of the Schedule (payment of periodical contributions), after sub paragraph (2) insert–
6.
After paragraph 3 of the Schedule insert–
A x C |
(4) For each periodical contribution payment that is reduced by virtue of this paragraph the member's number of additional sixtieths is reduced in accordance with the following formula–
A × B × C |
(5) In this paragraph "tax year" means a year of assessment.".
[2] See section 2(3) of the Police Negotiating Board Act 1980 (c.10), which substituted the Police Negotiating Board for the United Kingdom for the Police Council for the United Kingdom.back
[3] This is the date on which part-time service was introduced under amendments to the Police Regulations 1987 (S.I. 1987/257). Retrospective effect is permitted by section 1(5) of the Police Pensions Act 1976.back
[4] S.I. 1987/257; relevant amendments were made by S.I. 1987/341 and 1987/2215, 1988/1339, 1989/733, 1990/805, 1991/1517, 1992/1343, 1992/2349, 1994/641, 1996/867, 1997/1429, 1998/577, 2001/1549, 2001/3888, 2002/2529, 2002/3202, 2003/27, 2004/1760 and 2004/2354 and S.S.I. 2000/193, 2001/459, 2003/406, 2004/486 and 2005/200.back
[5] S.I. 1987/2215; relevant amendments were made by S.I.1990/805 and S.S.I.2001/461 and 2005/200.back
© Crown copyright 2005