Police Pensions (Additional Voluntary Contributions) Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1304 |
| Year | 1991 |
1991 No. 1304
POLICE
The Police Pensions (Additional Voluntary Contributions) Regulations 1991
Made 4th June 1991
Laid before Parliament 10th June 1991
Coming into force 1st July 1991
In exercise of the powers conferred on me by sections 1 to 7 of the Police Pensions Act 19761, and after consultation with the Police Negotiating Board for the United Kingdom, I hereby with the consent of the Treasury2make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Police Pensions (Additional Voluntary Contributions) Regulations 1991, and shall come into force on 1st July 1991 but have effect as from 6th April 1990.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is to be construed as a reference to the regulation or Schedule which bears that number in these Regulations, and any reference to a numbered paragraph in a regulation of or a Schedule to these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, that Schedule.
(2) In these Regulations references to the Taxes Act are references to the Income and Corporation Taxes Act 19883and references to the 1987 Regulations are references to the Police Pensions Regulations 19874.
(3) In these Regulations, unless the context otherwise requires—
“approved scheme” means a retirement benefits scheme approved under Chapter 1 of Part XIV of the Taxes Act;
“basic contributions” means contributions paid pursuant to an election under regulation 4(1);
“basic contributor” is to be construed in accordance with regulation 7;
“cash equivalent” means a cash equivalent mentioned in paragraph 12(1) of Schedule 1A to the Social Security Pensions Act 19755;
“central police officer” has the same meaning as in the 1987 Regulations;
“death benefit contributions” means contributions paid pursuant to an election under regulation 5(1);
“death benefit contributor” is to be construed in accordance with regulation 7;
“death benefit cover” is to be construed in accordance with regulation 5(1);
“earnings” and “emoluments” mean earnings and emoluments in respect of service as a pensionable policeman, disregarding, except where regulation 3 or 5 of the Retirement Benefit Schemes (Tax Relief on Contributions) (Disapplication of Earnings Cap) Regulations 19906applies, any excess in any tax year over the figure which is the permitted maximum for that year for the purposes of section 592(8B) of the Taxes Act7(that is to say, the figure specified for the year by an order made by the Treasury under section 590C(6) of that Act);
“free-standing additional voluntary contributions scheme” means an approved scheme which falls within section 591(2)(h) of the Taxes Act;
“the Index” means the index of retail prices published by the Department of Employment;
“overseas policeman” has the same meaning as in the 1987 Regulations;
“participator” means a basic contributor or a person who has ceased to be a basic contributor but has not exercised any right to take a cash equivalent or to be paid a lump sum under regulation 14(1);
“pension investments” means investments made under regulations 9(1) and 10(2);
“pensionable policemean”means a person by whom contributions are for the time being payable under regulation G2 of the 1987 Regulations;
“retire” means become entitled to payment of a pension or gratuity under regulations B1 to B5 of the 1987 Regulations, and cognate expressions are to be construed accordingly;
“the Society” means The Equitable Life Assurance Society; and
“tax year” means the 12 months beginning with 6th April in any year.
Making and acceptance of elections
3.—(1) Any election under these Regulations—
(a)
(a) is to be made by giving written notice to the police authority, and
(b)
(b) is, subject to paragraphs (2) to (4), to be accepted by the authority.
(2) No election under these Regulations is to be accepted if any limit imposed by regulation 8(4) or 13 (limits on contributions and benefits) would be exceeded.
(3) An election falling within regulation 16(2) (death benefit cover, continued death benefit cover and increased death benefit cover) is not to be accepted if—
(a)
(a) any information required under regulation 16(2) is not given, or
(b)
(b) the information given is such that the cover could not be secured by investment under regulation 9(3).
(4) A pension election under regulation 11(2) made after retirement may be accepted only if the police authority are satisfied as mentioned in regulation 11(2).
(5) The police authority are to give effect as soon as is reasonably practicable to any election accepted by them.
Election to pay basic contributions
4.—(1) A pensionable policeman may at any time elect to pay basic contributions under these Regulations.
(2) The notice of such an election is to specify—
(a)
(a) the amount of each contribution, and
(b)
(b) the way in which the contributions are to be invested under regulation 9.
Elections in respect of death benefit cover
5.—(1) A pensionable policeman may at any time elect to pay death benefit contributions to secure death benefit cover, that is to say the payment of a lump sum in the event of his dying in the circumstances specified in paragraph (2).
(2) The circumstances are that—
(a)
(a) at the time of his death he is still a death benefit contributor, and
(b)
(b) his death occurs before his retirement date and is not the result of an injury received in the execution of his duty (within the meaning of regulation A11 of the 1987 Regulations).
(3) A pensionable policeman’s retirement date is the date on which he would be required by regulation A18(1) of the 1987 Regulations to retire assuming that there were no postponement under regulation A18(2) and no change of rank.
(4) The notice of an election under paragraph (1) is to specify the amount to be secured, which must not be more than that which would be the permitted amount for the purposes of Part III of Schedule 2 if he were to die on the date on which the election takes effect.
(5) An election under paragraph (1) ceases to have effect on the person’s retirement date, but if the time at which he is required by regulation A18(1) of the 1987 Regulations to retire becomes later by reason of—
(a)
(a) his being promoted, or
(b)
(b) a postponement under regulation A18(2),
he may elect to pay further contributions to secure the continuance to the later date of he death benefit cover in force immediately before the change.
(6) Any continued death benefit cover secured by an election under paragraph (5) lapses if the person retires before the date to which the cover was continued.
Variation and cancellation of elections
6.—(1) A basic contributor may at any time elect—
(a)
(a) to alter the amount of his basic contributions, or
(b)
(b) to require them to be invested in future, under regulation 9, in a different way, or
(c)
(c) to require the police authority to realise any investment and to reinvest the proceeds, under regulation 9, in a different way, or
(d)
(d) to cancel his election under regulation 4(1).
(2) A death benefit contributor may at any time elect—
(a)
(a) to alter the amount to be secured, but not so as to exceed the amount which would be the permitted amount for the purposes of Part III of Schedule 2 if he were to die on the date on which the election takes effect, or
(b)
(b) to cancel his election under regulation 5(1).
(3) A person paying further contributions under regulation 5(5) (continuance of death benefit cover during service after retirement age) may at any time make any election that he could have made under paragraph (2)(a) above if he had been paying death benefit contributions.
Basic and death benefit contributors
7.—(1) Subject to paragraph (3), a person is a basic contributor while an election under regulation 4(1) (regular contributions) has effect.
(2) Subject to paragraph (3), a person is a death benefit contributor while an election under regulation 5(1) has effect.
(3) A person who has ceased to be a pensionable policeman ceases to be either a basic contributor or a death benefit contributor.
Payment and amount of contributions
8.—(1) Basic contributions are payable to the police authority at intervals of not less than 4 weeks.
(2) Death benefit contributions and further contributions under regulation 5(5) (continuance of death benefit cover) are payable to the police authority at the same times as basic contributions.
(3) All contributions are to be deducted by the police authority from the person’s pay.
(4) The total of the contributions of all kinds paid in any tax year must not exceed the lesser of (A-B-C) and D, where—
A is 15 per cent of the person’s emoluments for that year,
B is the total of any contributions paid by him in the year to another approved scheme,
C is the total of the contributions paid by him in the year under the 1987 Regulations, and
D is the amount which would provide the maximum allowable benefits.
(5) The maximum allowable benefits are—
(a)
(a) where the person is a basic contributor only, a retirement pension the annual rate of which is likely to be the maximum allowed by regulation 13,
(b)
(b) where he is not a basic contributor but is paying contributions to secure death benefit cover, the maximum amount that can be secured having regard to regulations 5(4) and 6(2)(a), and
(c)
(c) where he both is a basic contributor and is paying contributions to secure death benefit cover, both the retirement pension mentioned in sub-paragraph (a) and the maximum amount mentioned in sub-paragraph (b).
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