Police Pensions (Amendment) (No. 3) Regulations 1980

JurisdictionUK Non-devolved
CitationSI 1980/1616
Year1980

1980 No. 1616

POLICE

The Police Pensions (Amendment) (No. 3) Regulations 1980

27thOctober 1980

3rdNovember 1980

24thNovember 1980

In exercise of the powers conferred on me by sections 1, 3 and 4 of the Police Pensions Act 1976(a), and after consultation with the Police Negotiating Board 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. 3) Regulations 1980 and shall come into operation on 24th November 1980 but Regulation 5 shall have effect from 12th November 1979.

2. In these Regulations references to the principal Regulations are references to the Police Pensions Regulations 1973(b), and references to the old cases Regulations are references to the Police Pensions Regulations 1971(c) in so far as they continue to have effect(d).

3. There shall be inserted in the principal Regulations (as Regulation 42A under the heading "General") and in the old cases Regulations (as Regulation 46A under the heading "General") the following provision:—

"Awards not based on pension or notional pension

Schedule 12 shall have effect for the purpose of calculating the amount of certain awards to widows or children under these Regulations which are not calculated by reference to the pension or notional pension of the husband or parent.".

4.—(1) This Regulation shall have effect for the purpose of the amendment of the following Regulations (Awards on death of servicemen), namely:—

Regulation 93 of the principal Regulations;

Regulation 90 of the old cases Regulations.

(2) In paragraph (4)(a) of each of the said Regulations there shall be inserted at the end the words "calculated in accordance with paragraph 4 of Schedule 12".

(3) Paragraph (5) of each of the said Regulations shall be omitted.

(a) 1976 c. 35.

(b) S.I. 1973/428; the relevant amending instrument is S.I. 1979/1287.

(c) S.I. 1971/232; the relevant amending instrument is S.I. 1979/1287.

(d) See S.I. 1973/428.

5.—(1) In Regulation 106 of the old cases Regulations (increase by reference to Pensions (Increase) Act 1971(a)) after the words "section 2 of that Act" there shall be inserted the words "or section 59 of the Social Security Pensions Act 1975(b)".

(2) In sub-paragraphs (b), (c) and (d) of the said Regulation 106 for the words "that Act", in each place where they occur, there shall be substituted the words "the said Act of 1971".

6. In Regulation 108A of the principal Regulations paragraph (7A) shall be omitted.

7.—(1) This Regulation shall have effect for the purpose of the amendment of the following provisions (Widow's ordinary pension), namely:—

Part I of Schedule 3 to the principal Regulations;

Part I of Schedule 3 to the old cases Regulations.

(2) For paragraph 3 of each of the said provisions there shall be substituted the following provisions:—

"3.—(1) Where in respect of any period a widow so elects, then, subject to sub-paragraph (2), the weekly amount of her ordinary pension in respect of that period shall be calculated in accordance with paragraph 1 of Schedule 12 by reference to the rank held by her husband at the time when he ceased to be a regular policeman.

(2) Where the husband held the rank of chief inspector in the City of London police force, paragraph 1 of Schedule 12 shall apply as if he had held a rank higher than that of inspector.".

8.—(1) For paragraph 1 of Scheme 1 of Part II of Schedule 3 to the old cases Regulations (Widow's ordinary pension—preserved rate) there shall be substituted the following provision:—

"1. Subject to paragraphs 2 and 3 of this Scheme, the weekly amount of a widow's ordinary pension shall be calculated in accordance with paragraph 1 of Schedule 12 by reference to the rank held by her husband at the time when he ceased to be a regular policeman.".

(2) In paragraph 2 of the said Scheme after the words "then paragraph 1" there shall be inserted the words "of Schedule 12".

9. For paragraph 4 of Part IV of Schedule 3 to the principal Regulations (Widow's accrued pension) there shall be substituted the following provisions:—

"4.—(1) Where in respect of any period a widow so elects, then, subject to sub-paragraph (2), the weekly amount of her accrued pension in respect of that period shall be...

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