Police Pensions (Amendment) (No. 2) Regulations 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1348 |
1978 No. 1348
POLICE
The Police Pensions (Amendment) (No. 2) Regulations 197814thSeptember 1978
15thSeptember 1978
6thOctober 1978
In exercise of the powers conferred upon me by sections 1, 3 and 4 of the Police Pensions Act 1976(a), and after consultation with the Police Council for the United Kingdom, I hereby, with the consent of the Minister for the Civil Service, make the following Regulations:—
1. These Regulations may be cited as the Police Pensions (Amendment) (No. 2) Regulations 1978.
2. These Regulations shall come into operation on 6th October 1978 and shall have effect—
(a) for the purposes of paragraph (a) of Regulation 4, as from 1st April 1973,
(b) for the purposes of paragraph (b) of that Regulation, as from 6th April 1975,
(c) for the purposes of paragraph (c) of that Regulation, as from 6th April 1978.
3. In these Regulations any reference to the principal Regulations is a reference to the Police Pensions Regulations 1973(b), as amended(c).
4. The principal Regulations shall have effect—
(a) from 1st April 1973 subject to the amendments specified in Part I of the Schedule to these Regulations;
(b) from 6th April 1975 subject to the amendments specified in Part II of that Schedule;
(a) 1976 c. 35.
(b) S.I. 1973/428.
(c) The relevant amending instruments are S.I. 1975/1718; 1976/306; 1977/1705, 2173 and 1978/375.
(c) from 6th April 1978 subject to the amendments specified in Part III of that Schedule and subject to the transitional provisions of Part IV of that Schedule.
Merlyn Rees, One of Her Majesty's Principal Secretaries of State.
13th September 1978.
Consent of the Minister for the Civil Service given under his official seal on 14th September 1978.
T. A. A. Hart, Authorised by the Minister for the Civil Service.
(L.S.)
1g
Regulation 4
SCHEDULE
PART I
AMENDMENTS TO THE PRINCIPAL REGULATIONS TAKING EFFECT FROM 1ST APRIL 1973
After Regulation 23 there shall be inserted the following provisions:—
"Deferred pension where ill health pension is cancelled
23A—(1) This Regulation shall apply to a regular policeman—
(a) who retired with an ill health pension the unsecured portion of which is terminated under Regulation 65(4) on a date ("the date of termination") falling on or after 1st April 1973, otherwise than on his rejoining his force, and
(b) who possesses the qualifications required by Regulation 23(B)(1).
(2) A regular policeman to whom this Regulation applies shall, as from the date of termination, be entitled to a deferred pension in accordance with the provisions of Regulation 23B.
Supplementary provisions about deferred pensions
23B—(1) The qualifications referred to in Regulation 23A are that the regular policeman has service which satisfies one of the following conditions (such service is hereinafter referred to as qualifying service)—
(a) his pensionable service is five years or more;
(b) his pensionable service is less than five years but he has an earlier period of service as a regular policeman which does not count towards his pensionable service and the aggregate of that service and that period is five years or more;
(c) his pensionable service is less than five years but is reckoned by virtue of service as a regular policeman and some other employment and the aggregate of that service and that employment is five years or more:
Provided that an earlier period of service shall not count as qualifying service for the purposes of sub-paragraph (b) if there is a break of more than one month between it and the later qualifying service.
(2) Where a regular policeman is entitled to a pension under Regulation 23A he shall be entitled to a deferred pension calculated in accordance with Part VI of Schedule 2, subject, however, to Parts VII and VIII of that Schedule; but no payment shall be made on account of the pension in respect of the period before he attains the age of 60 years or, if he sooner becomes permanently disabled, before he becomes so disabled, or in respect of any period if he has relinquished his entitlement for the purpose of Regulation 49 or 50 by written notice to the police authority.".
PART II
AMENDMENTS TO THE PRINCIPAL REGULATIONS TAKING EFFECT FROM 6TH APRIL 1975
1. After Regulation 23B (inserted by Part I of this Schedule) there shall be inserted the following provision:—
"Pension by way of equivalent benefit for certain regular policemen serving on 5th April 1975
23C—(1) Subject to paragraph (2), this Regulation shall apply to a regular policeman who was serving as such on 5th April 1975 and ceases or has ceased to serve in circumstances—
(a) which do not entitle him to a pension other than such as is mentioned in this Regulation;
(b) in which no transfer value is payable or has been paid in respect of him under Regulation 83; and
(c) in which no payment in lieu of contributions falls to be made or has been made.
(2) Where a regular policeman who was serving as such on 5th April 1975 ceases or has ceased to serve in circumstances in which a transfer value is payable in respect of him under Regulation 84 or 85, this Regulation shall apply to him only if he satisfies the police authority that he is not entitled under any superannuation arrangements (including these Regulations) to a pension—
(a) in the calculation of which account is taken of the service which would be taken into account in calculating a pension under this Regulation; and
(b) which would be at least as favourable in his case as a pension under this Regulation.
(3) A regular policeman to whom this Regulation applies shall, on attaining insured pensionable age and where appropriate satisfying the police authority as mentioned in paragraph (2), be entitled to a pension which equals the graduated retirement benefit mentioned in Regulation 5(4).".
2. In Regulation 24(1), after the words "injury pension" there shall be inserted the words "or a pension under Regulation 23C".
3. In Regulation 27(1)(c), after the words "deferred pension" there shall be inserted the words "or a pension under Regulation 23C".
4. In Regulation 37(1)(b), after the words "deferred pension" there shall be inserted the words "or a pension under Regulation 23C".
PART III
AMENDMENTS TO THE PRINCIPAL REGULATIONS TAKING EFFECT FROM 6TH APRIL 1978
1. In Regulation 4, after paragraph (3), there shall be inserted the following provision:—
"(4) For the purposes of these Regulations the weekly rate of a pension shall be determined as if there were 52 1/6 weeks in each year.".
2. In Regulation 5 there shall be inserted after paragraph (5) the following provision:—
"(6) In these Regulations the following expressions shall have the meanings respectively which they have for the purposes of the Social Security Pensions Act 1975:—
"contracted-out employment";
"contracted-out scheme";
"guaranteed minimum" and "guaranteed minimum pension";
"contributions equivalent premium".
(7) In these Regulations any reference to a case in which a contributions equivalent premium has been paid includes a reference to a case in which such a premium is payable but has not been paid by virtue of regulations under Schedule 2 to the Social Security Pensions Act 1975 dispensing with the payment of such a premium where its amount would be inconsiderable.
(8) In these Regulations any reference to the guaranteed minimum in relation to a pension under a pension scheme at a particular time is a reference to the amount certified by the Department of Health and Social Security as that minimum at that time.".
3. For Regulation 23 there shall be substituted the following provision:—
"Deferred pension and award where no transfer value and no other award is payable
23.—(1) This Regulation shall apply to a person who ceases or has ceased to be a member of a police force in circumstances in which no transfer value is payable in respect of him and which do not entitle him to any award other than such as is mentioned in this Regulation or in Regulation 23C.
(2) Where this Regulation applies to a regular policeman who—
(a) possesses the qualifications required by Regulation 23B(1), and
(b) has not exercised the right of election under Regulation 23D,
he shall, on ceasing to be a member of a police force, be entitled to a deferred pension in accordance with the provisions of Regulation 23B(2).
(3) A person to whom this Regulation applies who—
(a) is not a regular policeman, or
(b) is a regular policeman who does not possess the qualifications required by Regulation 23B(1) and who will not attain insured pensionable age before the end of the tax year in which he ceases or has ceased to be a member of a police force,
shall, subject to Part IX of Schedule 2, be entitled to an award by way of repayment of his aggregate pension contributions.".
4. In Regulation 23B (inserted by Part I of this Schedule)—
(a) in paragraph (1) for the words "Regulation 23A" there shall be substituted the words "Regulations 23 and 23A"; and
(b) in paragraph (2) for the words "Regulation 23A" there shall be substituted the words "Regulation 23, 23A or 23D".
5. After Regulation 23C (inserted by Part II of this Schedule) there shall be inserted the following provision:—
"Transitional award
23D.—(1) This Regulation applies to a regular policeman who qualified for a deferred pension by virtue of service partly before 6th April 1978 and partly on or after that date and whose average pensionable pay has not exceeded £5,000 in any tax year.
(2) A regular policeman to whom this Regulation applies may, within three months of ceasing to be a member of a police force, elect that Regulation 23 shall not apply in his case by notice in writing to the police authority.
(3) Where immediately before his death a regular policeman to whom this Regulation applies enjoyed, but had not exercised, the right of election conferred by paragraph (2) his widow may, by notice in writing given to the police authority within three months of his death, or within such longer period as the authority may allow in the...
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