The Police Pensions (Part-time Service) Amendment (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Police Pensions Regulations 1987 and the Police Pensions (Purchase of Increased Benefits) Regulations 1987 as they apply in Scotland. The amendments make provision for part time police officers' pension benefits to be calculated as if they had been full-time officers, and then pro-rated for periods of part time service. This replaces the previous basis of calculation under which part time working counted as pensionable service on the basis of the actual hours served. This disadvantaged part time officers because under the Police Pension Scheme reckonable service is accrued at a faster rate after 20 reckonable years; therefore, it would have taken part time workers longer to reach the 20 reckonable years' threshold.

Regulation 1 provides that the amendments in relation to ordinary and short service pensions, ill-health pensions, injury awards, deferred pensions and dependants' pensions are backdated to 1st July 1992, the date on which part time service was introduced in the police service. Retrospective effect is permitted by section 1(5) of the Police Pensions Act 1976

Regulation 2 and Schedule 1 make provision for the entitlement of part time officers to various awards to be calculated on the new basis described above. The position of officers is protected against the possibility that their entitlement to an ill-health pension (in the case of serving and former officers) or an injury award (in the case of former officers only) might be less than it would have been before these Regulations were made.

Regulation 3 and Schedule 2 provide that payments by part time officers who purchase increased benefits (either through a lump sum or periodical payments) will be up-rated, unless they elect otherwise. Previously part time officers effectively paid lower contributions than full time officers for an entitlement to the same level of benefit.

Regulation 4 provides for interest to be payable on entitlements to members of the Police Pension Scheme which arise under the back dating provisions of these Regulations.

Regulation 5 imposes a limit on the time within which a person entitled to a sum under the back dating provisions of these Regulations may commute that for a lump sum payment.