Police Pensions (Amendment) (No. 2) Regulations 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/2173 |
| Year | 1977 |
1977 No. 2173
POLICE
The Police Pensions (Amendment) (No. 2) Regulations 197721stDecember 1977
9thJanuary 1978
6thApril 1978
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 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 1977.
2.—(1) These Regulations shall come into operation on 6th April 1978 and, subject to the provisions of this Regulation, shall have effect—
(a) for the purposes of Regulations 6, 7, 10, 16(1) and 18(1) thereof, as from 1st April 1973;
(b) for the purposes of Regulation 12(1) thereof, as from 31st October 1973;
(c) for the purposes of Regulation 17(3) thereof, as from 6th April 1978;
(d) for all other purposes, as from 1st January 1974.
(2) Nothing in Regulations 11 and 20 shall affect the operation of Regulation 83 of the principal Regulations and Schedule 9 thereto in relation to a regular policeman in respect of whom a liability to pay a transfer value under the said Regulation 83 arose before 1st January 1974.
(3) Nothing in Regulation 13 shall affect the operation of paragraphs (3) and (4) of Regulation 85 of the principal Regulations in relation to a regular policeman in respect of whom a liability to pay a transfer value under the said Regulation 85 arose before 1st April 1972.
(4) Where an award to or in respect of a regular policeman who ceased to be such before 6th April 1978 is, or may become, payable to any person and that person is placed in a worse position than he would have been if these Regulations had not been made, then, if, before 6th October 1978 notice in writing is given by or on behalf of that person to the police authority by whom the award is or may become payable, so electing, the principal Regulations shall have effect in relation to that person's award as if these Regulations had not been made.
3. In these Regulations any reference to the principal Regulations is a reference to the Police Pensions Regulations 1973(b), as amended(c).
(a) 1976 c. 35.
(b) S.I. 1973/428 (1973 I, p. 1401).
(c) The relevant amending instruments are S.I. 1974/1673, 1976/306 (1974 III, p. 6067; 1976 I, p. 812).
4. At the beginning of Regulation 2(2) of the principal Regulations (old cases) there shall be inserted the words "Save as provided in Regulation 85(4),".
5. In Regulation 11(2)(e) of the principal Regulations (aggregate pension contributions) after the words "Regulation 48(d), (e) or (f)" the word "or" shall be omitted and after the words "Regulation 51" there shall be inserted the words "or 51A".
6. For Regulation 49(2) of the principal Regulations (previous service reckonable on payment) there shall be substituted the following provisions:—
"(2) Where before the relevant date he retired without a pension (including a pension under the former Acts) from the same force as that in which he is or was serving on the relevant date—
(a) the period shall be any period of pensionable service or approved service under the former Acts reckonable by him at the time he retired, not being a period reckonable by virtue of Regulation 47(1)(b);
(b) the appropriate payment shall be an amount equal to any gratuity, return of pension contributions or rateable deductions, as the case may be, which he may have received on his retirement together with the balance outstanding immediately before his retirement of any sum he had undertaken to pay as mentioned in Schedule 5, so however that, where before his retirement he had paid additional or further contributions under Regulation 57 or 58 or any corresponding provision of the former Regulations or had made an additional or further payment by way of a lump sum under Regulation 59, the appropriate payment shall be reduced by the amount he had paid by way of such contributions or lump sum and he shall be deemed neither to have paid nor elected to pay such contributions or lump sum.
(2A) Where before the relevant date he retired with a deferred pension which he has relinquished as mentioned in Regulation 23(2), paragraph (2) shall have effect as though he had retired without a pension and, where immediately before his retirement he was paying such additional or further contributions as are mentioned in paragraph (2)(b), the amount he had paid by way of such contributions shall be repaid to him and he shall be deemed neither to have paid nor elected to pay such contributions.".
7. For paragraph (2) of Regulation 50 of the principal Regulations (previous service reckonable at discretion of police authority) there shall be substituted the following provisions:—
"(2) Where he previously ceased to serve as a regular policeman without a pension (including a pension under the former Acts)—
(a) the period shall be the whole of any period of pensionable service, or approved service under the former Acts, reckonable by him at the time he ceased to serve, not being a period reckonable by virtue of Regulation 47(1)(b) or 49(2), or so much of that period as the appropriate police authority in their discretion think fit;
(b) the appropriate police authority shall be the authority of the force in which he is or was serving on the relevant date;
(c) the appropriate payment shall be the whole or the proportionate part of an amount equal to any gratuity or return of pension contributions or rateable deductions, as the case may be, which he may have received on ceasing to serve together with the balance outstanding immediately before so ceasing of any sum he had undertaken to pay as mentioned in Schedule 5, so however that, where before so ceasing he had paid additional or further contributions under Regulation 57 or 58 or any corresponding provision of the former Regulations or had made an additional or further payment by way of a lump sum under Regulation 59, the appropriate payment shall be reduced by the whole or the proportionate part of the amount he had paid by way of such contributions or lump sum and he shall be deemed neither to have paid nor elected to pay such contributions or lump sum.
(2A) Where he ceased to serve with a deferred pension which he has relinquished as mentioned in Regulation 23(2), paragraph (2) shall have effect as though he had ceased to serve without a pension and, where immediately before ceasing to serve he was paying such additional or further contributions as are mentioned in paragraph (2)(c), the amount he had paid by way of such contributions shall be repaid to him by the police authority of the force in which he ceased to serve and he shall be deemed neither to have paid nor elected to pay such contributions.".
8.—(1) At the beginning of Regulation 51(1) of the principal Regulations (previous service reckonable under interchange arrangements) there shall be inserted the words "Save as provided in paragraph (1A),".
(2) After the said Regulation 51(1) there shall be inserted the following provision:—
"(1A) Nothing in this Regulation shall apply in the case of a regular policeman who, before the relevant date, last became a regular policeman on or after 1st April 1972 unless he last so became a regular policeman before 6th April 1978 and either—
(a) paragraph (1)(d) was satisfied in his case before 1st January 1974, or
(b) he or his widow elects that this Regulation should apply in his case by notice in writing given before 6th October 1978 to the police authority of the force in which the man is serving or by whom his or his widow's pension is payable, except that a widow of a man who has died before the said date may so elect on or after that date if she does so within 6 months of his death.".
9. After Regulation 51 of the principal Regulations there shall be inserted the Regulation set out in Appendix 1 to these Regulations.
10. At the end of Regulation 59(4) of the principal Regulations (certain additional and further payments) there shall be added the following provision:—
"Provided that nothing in this paragraph shall affect the application of Regulation 49 or 50 in the case of such a regular policeman as is mentioned in paragraph (2A) of the Regulation in question except to the extent that a repayment would fall to be made to him under the said paragraph (2A).".
11. For Regulation 83 of the principal Regulations (transfer values payable on transfer between police forces) there shall be substituted the Regulation set out in Appendix 2 to these Regulations.
12.—(1) In Regulation 84 of the principal Regulations (transfer values payable on transfer to the Royal Ulster Constabulary) for the words "the Government of Northern Ireland is", in both places where they occur, there shall be substituted the words "the police authority for Northern Ireland are" and, in paragraph (2) thereof, for the words "the said Government" there shall be substituted the words "the said authority".
(2) In paragraph (2) of the said Regulation 84 after the words "in accordance with" there shall be inserted the words "Parts I and III of".
13. For Regulation 85 of the principal Regulations (transfer values payable under interchange arrangements) there shall be substituted the Regulation set out in Appendix 3 to these Regulations.
14. At the end of paragraph 2 of Part VI of Schedule 2 to the principal Regulations (policeman's deferred pension) there shall be added the words "so, however, that the pension shall not exceed 40 sixtieths of his average pensionable pay.".
15.—(1) After paragraph 2(1)(c) of Part VIII of Schedule 2 to the principal Regulations (reduction of pension in specified cases) there shall be inserted the following provision:—
"(d) by virtue of Regulation 51A;".
(2) In paragraph 3(1) of the said Part VIII after the words "Regulation 48(f)" there shall be inserted the words "or of Regulation 51A".
16.—(1) For sub-paragraph (b) of paragraph 1(2) of Part II of...
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