Police Pensions (Amendment) Regulations 1976
| Jurisdiction | UK Non-devolved |
| Citation | SI 1976/306 |
| Year | 1976 |
1976 No. 306
POLICE
The Police Pensions (Amendment) Regulations 197627thFebruary 1976
10thMarch 1976
1stApril 1976
In exercise of the powers conferred on me by section 1 of the Police Pensions Act 1948(a), as extended and amended by section 43 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(b), section 5(3) of the Overseas Service Act 1958(c) and Schedule 2 thereto, section 1(1) of the Police Pensions Act 1961(d), sections 40, 43(4), 45(4) and 63 of the Police Act 1964(e) and Schedules 6 and 9 thereto, sections 35 and 38(4) of the Police (Scotland) Act 1967(f), section 4(5) of the Police Act 1969(g) and sections 12, 15 and 29(1) of the Superannuation Act 1972(h) and Schedule 6 thereto, and after consultation with the Police Council for the United Kingdom, I hereby, with the consent of the Minister for the Civil Service (i), make the following Regulations:—
PART I
CITATION, OPERATION ETC.
1. These Regulations may be cited as the Police Pensions (Amendment) Regulations 1976.
2. These Regulations shall come into operation on 1st April 1976 and shall have effect—
(a) for the purposes of Part II thereof, as from 24th January 1975;
(b) for the purposes of Part III thereof, as from 1st April 1975;
(c) for the purposes of Part IV thereof, as from 1st August 1975.
3. In these Regulations references to the principal Regulations are references to the Police Pensions Regulations 1973(j), as amended (k).
(a) 1948 c. 24.
(b) 1951 c. 65.
(c) 1958 c. 14.
(d) 1961 c. 35.
(e) 1964 c. 48.
(f) 1967 c. 77.
(g) 1969 c. 63.
(h) 1972 c. 11.
(i) Formerly the Treasury, see S.I. 1968/1656 (1968 III, p. 4485).
(j) S.I. 1973/428 (1973 I, p. 1401).
(k) The amending instruments are not relevant to the subject matter of these Regulations.
PART II
PROVISIONS HAVING EFFECT AS FROM 24TH JANUARY 1975
4. After Regulation 11 of the principal Regulations (aggregate pension contributions) there shall be inserted the following Regulation:—
"Reckoning of service etc. for purposes of awards
11A.—(1) Subject to paragraph (2), for the purpose of calculating an award payable to or in respect of a member of a police force by reference to any period in years (including a period of pensionable or other service)—
(a) that period shall be reckoned in completed years and a fraction of a year;
(b) a part of a year shall be taken to be that fraction of a year whereof the denominator is 365 and the numerator the number of completed days in that part and, accordingly, a part of a year which includes 29th February in a leap year and comprises 365 days shall be treated as a whole year.
(2) Paragraph (1)(b) shall not apply where the member ceased to serve as such before 24th January 1975 and, in such case, Schedule 11 shall have effect for the purposes mentioned in paragraph (1).".
5. For paragraph 1 of Part I of Schedule 2 to the principal Regulations (policeman's ordinary pension) there shall be substituted the following provision:—
"1. Subject as hereinafter in this Schedule provided, the pension shall be of an amount equal to 30 sixtieths of the policeman's average pensionable pay with the addition, subject to a maximum of 40 sixtieths, of an amount equal to 2 sixtieths of that pay multiplied by the period in years by which his pensionable service exceeds 25 years.".
6. For paragraphs 2, 3 and 4 of Part II of Schedule 2 to the principal Regulations (policeman's ill-health pension) there shall be substituted the following provisions:—
"2. Where the policeman has less than 5 years' pensionable service, the amount of the pension shall not be less than a sixtieth of his average pensionable pay and, subject as aforesaid, shall be of an amount equal to a sixtieth of that pay multiplied by the period in years of his pensionable service.
3. Where the policeman has 5 or more years', but not more than 10 years' pensionable service, subject to paragraph 5, the pension shall be of an amount equal to 2 sixtieths of that pay multiplied by the period in years of his pensionable service.
4. Where the policeman has more than 10 years' pensionable service, the pension shall be not less than 20 sixtieths of his average pensionable pay and, subject as aforesaid and to paragraph 5, shall be equal to 7 sixtieths of that pay with the addition—
(a) of an amount equal to a sixtieth of that pay multiplied by the period in years of his pensionable service up to 20 years, and
(b) of an amount equal to 2 sixtieths of that pay multiplied by the period in years by which his pensionable service exceeds 20 years.".
7. For Part III of Schedule 2 to the principal Regulations (policeman's short service pension) there shall be substituted the following Part:—
Regulation 21
"Part III
POLICEMAN'S SHORT SERVICE PENSION
Subject as hereafter in this Schedule provided, the pension shall be of an amount which is the aggregate of—
(a) an amount equal to a sixtieth of the policeman's average pensionable pay multiplied by the...
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