Legislation – The Police Pensions (Remediable Service) (Scotland) Regulations 2023
Changes to legislation:
There are currently no known outstanding effects for The Police Pensions (Remediable Service) (Scotland) Regulations 2023, Section 43A.
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PART 6Transfers
F1Chapter 3ATransfers on a non-club basis
Non-club transfers in43A.
(1)
This regulation applies in relation to a remedy member (“M”) to whom—
(a)
regulation F6 of the 1987 Regulations (previous service reckonable under current interchange arrangements) would have applied, had M been a member of the 1987 scheme during period from 1st April 2015 to 31st March 2022 (“the remedy period”), or
(b)
regulation 15 of the 2007 Regulations (service reckonable by reason of transfer value) would have applied, had M been a member of the 2006 scheme during the remedy period.
(2)
A scheme manager may decide to accept, in respect of M’s former service, a transfer value in accordance with, as the case may be—
(a)
regulation F6 of the 1987 Regulations, or
(b)
regulation 15 of the 2007 Regulations.
(3)
A decision under paragraph (2) may only be made—
(a)
if the scheme manager is satisfied that it is more likely than not that, but for a relevant breach of the non-discrimination rule, the same or a similar decision would, during the period of M’s remediable police service, have been made by the scheme manager;
(b)
before—
(i)
the end of the period of one year beginning with the day on which a remediable service statement is first provided in respect of M, or
(ii)
such later time as the scheme manager considers reasonable in all the circumstances; and
(c)
after an application in accordance with paragraph (4) is approved by the scheme manager.
(4)
An application is made in accordance with this paragraph where—
(a)
it is in writing in a form and manner determined by the scheme manager;
(b)
it is accompanied by any information the scheme manager reasonably requires to be provided for the purposes of—
(i)
making a decision under paragraph (2);
(ii)
determining the matters mentioned in paragraph (3)(a); and
(c)
it is received by the scheme manager—
(i)
before the end of the period of six months beginning with the later of—
(aa)
the day on which a remediable service statement is first provided in respect of M,
(bb)
the day on which this regulation comes into force, or
(ii)
such later time as the scheme manager considers reasonable in all the circumstances.