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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2006 No. 285

POLICE

PENSIONS

The Police Pensions Amendment (Scotland) Regulations 2006

  Made 24th May 2006 
  Laid before the Scottish Parliament 31st May 2006 
  Coming into force 22nd June 2006 

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

Citation, commencement, effect and extent
     1. —(1) These Regulations may be cited as the Police Pensions Amendment (Scotland) Regulations 2006.

    (2) These Regulations come into force on 22nd June 2006 but have effect from 5th December 2005 except for paragraph 8 of Schedule 1 which has effect from 5th April 2006[
3].

    (3) These Regulations extend to Scotland only.

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

Amendment of the Police Pensions (Additional Voluntary Contributions) Regulations 1991
     3. The Police Pensions (Additional Voluntary Contributions) Regulations 1991[5]are amended in accordance with Schedule 2 to these Regulations.


GEORGE LYON
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
24th May 2006



SCHEDULE 1
Regulation 2


AMENDMENTS TO THE POLICE PENSIONS REGULATIONS 1987


     1. In regulation B9 (allocation)–

     2.

     3. For regulation C9 (termination of widow's award on remarriage) substitute–

     4. In regulation C10 (pension debit members) after "spouse" insert "or civil partner".

     5. In regulation D5 (child's allowance or special gratuity – limitations)–

     6. In regulation E1(1) (adult dependent relative's special pension), after sub-paragraph (c) insert the following–

     7. In regulation E4(4) (gratuity in lieu of widow's pension) for "provisions of Regulation C9 relating to the termination of a widow's award on remarriage" substitute "provisions of Regulations C9 and C9A relating to the termination of a widow's or civil partner's award on remarriage or the formation of a new civil partnership".

     8. In regulation G4 (election not to pay pension contributions)–

     9. In regulation G6 (payments by women members to enhance widowers' awards)–

     10. In regulation J1 (policeman with a guaranteed minimum for the purposes of the Social Security Pensions Act)–

     11. In regulation L3(5) (payment and duration of awards)–

     12. In regulation M2 (pension sharing mechanism in the Scheme)–

In paragraph (2) after "spouse" insert ", surviving civil partner".

     13. In regulation M7 (discharge of pension credit liability)–

     14. In regulation M9 (implementation period for discharge of pension credit)–

     15. In regulation M10 (failure to discharge liability in respect of pension credit within the implementation period and death of ex-spouse before implementation has taken place)–

     16. In regulation M15 (charges in respect of pension sharing costs)–

In paragraph (4) after "spouse" insert "or civil partner" in both places where it appears.

     17. In Schedule A (glossary of expressions)–

     18. In Schedule C (widows' awards)–

     19. In Schedule E (awards on death-additional provisions)–



SCHEDULE 2
Regulation 3


AMENDMENTS TO THE POLICE PENSIONS (ADDITIONAL VOLUNTARY CONTRIBUTIONS) REGULATIONS 1991


     1. In regulation 15(2) (payment by police authority) after the words "widow or widower", in both places they appear, insert "or surviving civil partner".

     2. For the heading of regulation 10B, substitute "Pension sharing on divorce or nullity of marriage or on the dissolution or nullity of a civil partnership".

     3. For the heading of regulation 12A, substitute "Pension sharing on divorce or on the dissolution of a civil partnership".

     4. In Schedule 1A (pension sharing), in paragraph 1(7)(a) after "spouse" insert "or civil partner".



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Police Pensions Regulations 1987 and the Police Pensions (Additional Voluntary Contributions) Regulations 1991. The amendments ensure parity of treatment between police officers who form civil partnerships and those who marry, and restrict the ability of a police officer who has opted out of the police pension scheme to opt back into it.

In particular, these Regulations make amendments consequent on the coming into force of the Civil Partnership Act 2004 with retrospective effect from 5th December 2005, which is the date on which the substantive provisions of that Act came into effect. In general, provisions which apply to married couples are amended so as to apply to couples who form a civil partnership.

The Regulations also amend regulation G6 of the Police Pensions Regulations 1987 so as to enable payments to be made by women members to enhance widowers' and surviving civil partners' awards in cases where members with service before 17th May 1990 were not able to elect to make such payments under that regulation because they were not paying contributions throughout the period of 3 months beginning on 1st April 1994 and did not resume paying them within two years of ceasing to do so. Following the amendment such elections may be made within the period of 3 months beginning with the date on which these Regulations come into force if the woman's contributions became payable again on or before that date, or, if they became payable again on a later date, within the period of 3 months of that date.

Paragraph 8 of Schedule 1 to these Regulations imposes a cut-off date of 5th April 2006 for cancelling elections not to pay pension contributions and has retrospective effect from that date. This is because a new police pension scheme is to be introduced with retrospective effect from 6th April 2006 and it is intended that any person who has previously made such an election but then wishes to reinstate themselves as a member of the police pension scheme should, from 6th April, join the new scheme.


Notes:

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

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

[3] Retrospective effect is permitted by section 1(5) of the Police Pensions Act 1976 (c.35).back

[4] S.I. 1987/257; relevant amendments were made by S.I. 1987/341 and 2215, 1988/1339, 1989/733, 1990/805, 1991/1517, 1992/1343 and 2349, 1994/641, 1996/867, 1997/1429, 1998/577, 2000/1549, 2001/3888, 2002/2529 and 3202, 2003/27, 2004/1760 and 2354 and S.S.I. 2000/193, 2001/459, 2003/406, 2004/486, 2005/200 and 495.back

[5] S.I. 1991/1304; relevant amendments were made by S.I. 2001/461, S.I. 2003/27 and S.S.I. 2003/406.back



ISBN 0 11 070560 2


 © Crown copyright 2006

Prepared 2 June 2006


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