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

Entitlements by reference to pensionable service

6.—(1) Paragraph 8 of Part IV of Schedule J (part time service) is amended as follows.

(2) After sub paragraph (1) insert–

“(1A) In determining the number of years of pensionable service that the policeman is “entitled to reckon” or to have “completed” for the purposes of the provisions specified in sub paragraph (1C) (which relate to the service required for entitlements to arise), a period of service by virtue of which his or her pensionable service is reckonable is reckonable as if it were a period of full-time service.

(1B) But sub paragraph (1A) does not apply so as to affect any other references to pensionable service in those provisions.

(1C) The provisions referred to in sub paragraph (1A) are–

(a)regulation B1(1), (5) and (6) (policeman’s ordinary pension);

(b)regulation B2(1) and (3) (policeman’s short service award);

(c)regulation B3(3)(a) (policeman’s ill-health award);

(d)regulation B5(1) (policeman’s deferred pension);

(e)regulation B7(4)(b) (commutation – general provision);

(f)regulation B9(2), (4)(a)(iii) and (9) (allocation);

(g)regulation C1(1) (widow’s ordinary pension);

(h)regulation D1(c) (child’s ordinary allowance);

(i)regulation I3(1) (awards on death of servicemen);

(j)regulation K1(1)(b) (cancellation of ill-health and injury pensions);

(k)regulation K3(a) (reduction of pension in case of default);

(l)paragraphs 1 and 2 (excluding paragraph 2(a)) of Part IV of Schedule B (policeman’s short service or ill-health gratuity);

(m)paragraph 3(2) of Part III of Schedule C (widow’s accrued pension); and

(n)paragraph 3(1)(c) of Part I of Schedule D (child’s ordinary allowance).”.

(3) Insert “Subject to sub paragraph (1A),” at the beginning of sub paragraph (2).

(4) After sub paragraph (2) insert–

“(2A) Without prejudice to the proviso to regulation F6(4) and Section 2 of Part IV of Schedule F, for the purposes of Schedule B–

(a)references to service by virtue of which the policeman’s pensionable service is reckonable as full-time include references to service credited–

(i)by virtue of regulation F4 or F5 in cases where payments are made under Part I of Schedule F; or

(ii)by virtue of regulation F6 (previous service reckonable under current interchange arrangements);

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.”.