The Police Pensions Amendment (Scotland) Regulations 2005

Amendment of the Police Pensions Regulations 1987

2.—(1) The Police Pensions Regulations 1987(1) shall be amended in accordance with this Regulation.

(2) In regulation B1(5) (policeman’s ordinary pension) after “permanently disabled” insert “and he is not ineligible under regulations G7 (eligibility for pension awards payable on the ground of permanent disablement) and G8 (appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement) for a pension award payable on the ground of permanent disablement”.

(3) In regulation B3(1) (policeman’s ill health award) after “preceding his retirement” insert “or to a regular policeman who under regulations G7 and G8 is ineligible for a pension award payable on the ground of permanent disablement.”

(4) In regulation B5(4)(a) (policeman’s deferred pension) after “permanently disabled” insert “and he is not ineligible under regulations G7 and G8 for a pension award payable on the ground of permanent disablement”.

(5) For regulation G2(1) (pension contributions payable by regular policeman) substitute–

“(1) Subject to paragraph (3), a regular policeman shall pay to the police authority pension contributions at the rate of 1 pence a week less than–

(a)in a case where he is ineligible under regulation G7 or G8 for a pension award payable on the ground of permanent disablement, 7_ per cent of his pensionable pay; and

(b)in any other case, 11 per cent of his pensionable pay.”.

(6) In regulation G4(5) (election not to pay pension contributions)–

(a)at the end of sub paragraph (ii) insert “; and”;

(b)after sub paragraph (ii) insert–

“(iii)a regular policeman in respect of whom it is finally determined, following a medical examination under regulation G7 or G8, that the likely cost of providing him with the benefits under these Regulations is disproportionately high, shall be entitled to cancel his election under paragraph (1) only on the basis that he shall not be eligible to receive pension awards payable on the ground of permanent disablement.”.

(7) After regulation G6 insert–

“Eligibility for pension awards payable on the ground of permanent disablement

G7—(1) A person to whom this regulation applies, shall, if required by the police authority for that force, submit to an examination by a duly qualified medical practitioner selected by the authority (“the selected medical practitioner”) in order that the authority may determine his eligibility to receive pension awards payable on the ground of permanent disablement.

(2) This regulation applies to–

(a)a candidate for appointment to a police force (other than on transfer from another force), and

(b)a regular policeman who seeks under regulation G4(5) (election not to pay pension contributions) to cancel his election that regulation G2(1) (pension contributions payable by regular policeman) shall not apply in his case.

(3) The selected medical practitioner shall report to the police authority his opinion on the likelihood and likely timing of that person becoming permanently disabled for the performance of his duty, and such a report shall, subject to an appeal under this regulation, be final.

(4) A copy of any such report shall be supplied to the person who is the subject of that report, at his request.

(5) The police authority shall determine, by applying the opinion of the selected medical practitioner and advice from the Government Actuary, whether the risk presented by that person that he will retire on the ground that he is permanently disabled is such that the likely cost of providing him with benefits under these Regulations is disproportionately high.

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

(7) A person who it is determined under paragraph (5) presents such a risk shall, in accordance with these Regulations, be ineligible for pension awards payable on the ground of permanent disablement.

Appeals against decisions on eligibility for pension awards payable on the ground of permanent disablement

G8—(1) A person who is dissatisfied with the opinion of the selected medical practitioner may appeal against the practitioner’s report if–

(a)within 28 days of receiving a copy of it he gives notice that he intends to make such an appeal, and

(b)within two months (or such longer period as may be agreed by the police authority) of receiving that copy he supplies evidence that a registered medical practitioner (“the appellant’s practitioner”) has examined him and disagrees with the selected medical practitioner’s opinion on the likelihood or likely timing (or both) of that person becoming permanently disabled for the performance of his duty.

(2) The police authority shall ask the selected medical practitioner to reconsider his report in the light of that evidence and, if necessary, to produce a revised report on the likelihood and likely timing of that person becoming permanently disabled for the performance of his duty.

(3) Where the police authority receives such a revised report, it shall determine, by applying the revised report and advice from the Government Actuary, whether that person shall be eligible for pension awards payable on the ground of permanent disablement, and if it determines that he is so eligible then that revised report shall be final.

(4) In any other case, the authority shall arrange for a third registered medical practitioner to examine the person.

(5) The third medical practitioner shall be acceptable to the selected medical practitioner and to the appellant’s practitioner, except that in the event of a failure to agree, the police authority may appoint such third medical practitioner as it considers appropriate.

(6) The third medical practitioner shall supply the police authority and the appellant with a written statement of his opinion, which, if it disagrees with any part of the report of the selected medical practitioner, shall take the form of a revised report on the likelihood and likely timing of that person becoming permanently disabled for the performance of his duty, which shall be final.

(7) Where the third medical practitioner produces a revised report, the police authority shall determine, by applying that report and advice from the Government Actuary, whether the appellant is eligible for pension awards payable on the ground of permanent disablement.

(8) In Schedule A (glossary of expressions), at the appropriate place, insert–

• ““pensiion award payable on the ground of permanent disablement””.”.