Police Pensions Act 1976
| Jurisdiction | UK Non-devolved |
| Citation | 1976 c. 35 |
as to the pensions which are to be paid to and in respect of members of police forces, whether as of right or otherwise;as to the contributions in respect of pension rights which are to be made by members of police forces; andas to the times at which and the circumstances in which members of police forces are or may be required to retire otherwise than on the ground of misconduct.as regards England and Wales, the Police Advisory Board for England and Wales;as regards Scotland, the Police Negotiating Board for Scotland.(1ZB) When carrying out consultation under subsection (1) above as regards England and Wales, the Secretary of State shall also invite the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland.(1A) Subsection (1) is subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing schemes) .of pensions to and in respect of persons who cease to be members of a police force after having served for such period as may be prescribed by the regulations;of pensions to and in respect of persons who cease to be members of a police force after such shorter period as may be prescribed by the regulations by reason of infirmity of mind or body;of pensions to and in respect of persons who cease to be members of a police force by reason of injury received in the execution of their duty;of pensions to and in respect of persons who cease to be members of a police force on the ground of age; andof pensions in respect of persons who die while serving as members of police forces.(2A) Without prejudice to the generality of the provisions of subsection (1) above, any such regulations may make provision for the payment and receipt by F55police pension authorities of transfer values or of other lump sum payments made for the purpose of creating or restoring pension rights.varied, suspended, terminated or forfeited; orapplied otherwise than by being paid to the person to whom they were awarded;(4) Without prejudice to the generality of subsection (3) above, the provision which may be made by regulations under this section with respect to forfeiture shall include provision by reference not only to the fact that a person to whom a pension has been awarded has committed and been convicted of an offence as specified in the regulations but also to the fact that the offence in question has been certified by a Minister of the Crown either to have been gravely injurious to the State or to be liable to lead to serious loss of confidence in the public service.(5) Regulations made under this section may be framed so as to have effect as from a date earlier than the making of the regulations.(6) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.as to compulsory age of retirement, andas to scale of pensions payable under the regulations, specified respectively in subsections (2) and (3) below.(2) The result as to compulsory age of retirement referred to in subsection (1) above is that the times at which an existing member of a police force is or may be required under the regulations to retire on the ground of age do not, unless he at any time elects otherwise, differ from those which would have been applicable in his case if the regulations in question had not come into force.after having served for any period prescribed by the regulations in question, orby reason of infirmity of mind or body (not being due to injury received in the execution of his duty) after having served for any shorter period so prescribed,(4) Regulations made under section 1 above shall not be invalid by reason that in fact they do not secure the results specified in subsections (2) and (3) above, but if the Secretary of State is satisfied, or it is held by the High Court or by the Court of Session, that any such regulations have failed to secure those results, the Secretary of State shall so soon as may be make under section 1 the necessary amending regulations, and any such amending regulations shall have effect as from the date of the coming into force of the regulations which they amend.(5) In this section, “existing member”, in relation to any police force, means a person who is serving in that police force at the date when the regulations in questions come into force.
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