Police Pensions (Amendment) (No. 2) Regulations 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/2852 |
| Year | 1997 |
1997 No. 2852
POLICE
The Police Pensions (Amendment) (No. 2) Regulations 1997
Made 1st December 1997
Laid before Parliament 8th December 1997
Coming into force 29th December 1997
The Secretary of State, in exercise of the powers conferred on him by section 1 of the Police Pensions Act 19761, with the consent of the Treasury2and after consultation with the Police Negotiating Board for the United Kingdom, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Police Pensions (Amendment) (No. 2) Regulations 1997 and shall come into force on 29th December 1997.
Amendment of the Police Pensions Regulations 1987
2. The Police Pensions Regulations 19873shall be amended in accordance with the following provisions of these Regulations, and any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in those Regulations.
Mis-sold pensions
3. After regulation F10 there shall be inserted the following regulation:
“Mis-sold pensions
F11.—(1) This regulation shall apply to a regular policeman who—
(a)
(a) opted or transferred out; and
(b)
(b) has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act 19864(actions for damages in respect of contravention of rules etc. made under the Act).
(2) A regular policeman to whom this regulation applies may give notice in writing to the police authority that he wishes the authority to accept payment of a transfer value in order to create or restore reckonable service, and such notice shall be treated as cancelling, with effect from the date on which an instalment of pay next falls due to him, any election that is in force under regulation G4(1) in respect of that policeman.
(3) Where a regular policeman has given notice under paragraph (2), but before the payment has been accepted and reckonable service created or restored he either—
(a)
(a) dies while serving as a member of a police force; or
(b)
(b) becomes entitled to benefits under Part B,
paragraph (4) shall continue to apply in the case of that policeman.
(4) Where a transfer value in relation to a regular policeman who has given notice under paragraph (2) is paid to a police authority before the expiry of the period of twelve months beginning with the date on which the policeman gives such notice or such longer period as the police authority may allow, the police authority—
(a)
(a) shall, if satisfied that the transfer value has been calculated in a manner consistent with the methods adopted and assumptions made by them in determining the restitution payment, accept the payment and treat the relevant period as reckonable service; and
(b)
(b) may, if not so satisfied, but if satisfied that the transfer value represents, by reference to those methods and assumptions, a length of service not exceeding the relevant period, accept the payment and treat that length of service as reckonable service,
and the policeman shall be treated for the purpose of calculating any award under these regulations as having made pension contributions throughout the period of reckonable service credited under this paragraph.
(5) Where a regular policeman is credited under paragraph (4) with a...
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