Publication - FOI/EIR release

Police Pension Scheme: FOI release

Published: 10 Nov 2021

Information request and response under the Freedom of Information (Scotland) Act 2002

Published:
10 Nov 2021
Police Pension Scheme: FOI release
FOI reference: FOI/202100246173
Date received: 8 Oct 2021
Date responded: 1 Nov 2021
Information requested

Please provide information for the following in relation to a warrant to serve an earnings arrestment on the dependence of an action in respect of police pension earnings payable to a former police officer in terms of the
Police Pension Scheme 1987:

Confirm whether the 1987 scheme may be attached by an earnings arrestment on the dependence of an action and, if so, the full designation of the Scheme for the purpose of the warrant to arrest and the notice of arrestment.

Response

Section 9 of the Police Pensions Act 1976 states as follows:
“Every assignment of or charge on a pension granted under the regulations made under section 1 above, and every agreement to assign or charge such a pension shall, except so far as it is made for the benefit of a dependant of the pensioner, be void; and on the bankruptcy of the pensioner such a pension shall not pass to any trustee or other person acting on behalf of the creditors.”

This prevents in general any “charge” on a police pension and would cover an earnings arrestment. Therefore, any earnings arrestment would be rendered void.

About FOI

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Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG