Police Pensions (Amendment) Regulations 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/805 |
| Year | 1990 |
1990 No. 805
POLICE
The Police Pensions (Amendment) Regulations 1990
Made 30th March 1990
Laid before Parliament 9th April 1990
Coming into force 1st May 1990
In exercise of the powers conferred upon me by sections 1, 3 and 4 of the Police Pensions Act 19761, and after consultation with the Police Negotiating Board for the United Kingdom, I hereby with the consent of the Treasury2make the following Regulations:
Citation and commencement
1.—(1) These Regulations may be cited as the Police Pensions (Amendment) Regulations 1990.
(2) These Regulations shall come into force on 1st May 1990 and shall have effect as from 6th April 1988.
Interpretation
2.—(1) In these Regulations, unless the contrary intention appears, references to the principal Regulations are references to the Police Pensions Regulations 19873as they had effect immediately before the coming into force of these Regulations.
(2) These Regulations shall be construed as one with the principal Regulations.
Transfer values
3.—(1) Part F of and Schedule F to the principal Regulations (pensionable service and transfer values) shall be amended in accordance with the following provisions of this regulation.
(2) In regulation F6–
(a)
(a) after paragraph (1) there shall be inserted the following paragraph:
“1A The reference in paragraph (1)(a) to service or employment by reason of which a person was subject to superannuation arrangements includes a reference to any occupation with respect to which he has accrued rights to benefits under a personal pension scheme or any other superannuation arrangement, other than rights to benefits arising out of a free-standing additional voluntary contributions scheme; and references in this regulation to “former service” and “former superannuation arrangements” shall be construed accordingly.”;
(b)
(b) at the end of paragraph (4) there shall be inserted the following provision:
“Provided that, in the case of a regular policeman in respect of whom such a transfer value as is mentioned in paragraph (1)(c) was received on or after 6th April 1988, the period shall be calculated in accordance with Section 2 of Part IV of Schedule F.”, and
(c)
(c) for paragraph (5)(b)(ii) there shall be substituted the following provision:
“(ii)
“(ii) the transfer value mentioned in paragraph (1)(c), were it to be paid, is at least as great as the product of–
(A)
(A) the annual amount of the pension to which he would, if that transfer value were paid, be entitled under regulation J1, and
(B)
(B) the factor specified in column 2 of the following table opposite his age, as set out in column 1 of that table, as at the date when the police authority is requested to accept that transfer value:
Age |
Appropriate Factor |
29 or under |
8 |
30 to 39 |
9 |
40 to 49 |
10 |
50 or over |
12”. |
(3) In regulation F9–
(a)
(a) after paragraph (2)(a)(ii) there shall be inserted the following paragraph:
“(iii)
“(iii) is payable under regulation F10, or”;
(b)
(b) in paragraph (3), there shall be inserted, at the beginning, the words “subject to paragraph (3A)”;
(c)
(c) after paragraph (3) there shall be inserted the following paragraph:
“3A In respect of service as a regular policeman on or after 6th April 1988, a transfer value payable under paragraph (3) shall be calculated in accordance with Section 1 of Part IV of Schedule F and paragraph (5) of regulation F10 shall have effect as if it were payable under that regulation.”, and
(d)
(d) in paragraph (5), the words from “has–(a)” to “and (b)” shall be omitted.
(4) After regulation F9 there shall be inserted the following regulation:
“Transfer values payable following cessation of contributions
F10.—(1) Subject to paragraphs (6) and (7), this regulation shall apply to a regular policeman who, not less than 12 months before attaining the age of 60 years or, if later, the age at which he may be required to retire under regulation A18(1) (compulsory retirement on account of age)–
(a)
(a) ceases or ceased on or after 1st January 1986 to serve as a regular policeman, or
(b)
(b) makes or has made an election under regulation G4(1) (election not to pay pension contributions),
and who, in either case, satisfies the conditions specified in paragraph (2).
(2) The conditions mentioned in paragraph (1) are–
(a)
(a) that he subsequently becomes subject to new superannuation arrange ments;
(b)
(b) that, unless those new superannuation arrangements constitute an occupa tional pension scheme or personal pension scheme, he is entitled to reckon at least 2 years' pensionable service;
(c)
(c) that he is not entitled to a pension under Part B or, if so entitled, has neither received any payment in respect thereof nor given any notice of commutation relating thereto which has become effective;
(d)
(d) that he has not received any award by way of repayment of his aggregate pension contributions or a gratuity, and
(e)
(e) that he has, on or before the date falling–
(i) 12 months before he attains the age of 60 years,
(ii) 12 months before he attains the age at which he may be required to retire under regulation A18(1), or
(iii) 6 months after he ceased to serve as a regular policeman or, as the case may be, made an election under regulation G4(1),
whichever is the latest, or within such longer period as the police authority may allow in the circumstances of the particular case, given written notice to the police authority of his desire that this regulation should apply in his case:
Provided that in the case of a regular policeman who is becoming subject to new superannuation arrangements such as are specified in paragraph (3)(a), (b) or (e) of regulation F9, sub-paragraph (iii) shall have effect as if for “6 months” there were substituted “12 months”.
(3) A regular policeman who has given notice in accordance with paragraph (2)(e) may, without prejudice to the giving of another such notice, withdraw that notice by giving written notice to that effect to the police authority under this paragraph:
Provided that notice under this paragraph shall be of no effect if it is given at a time when the police authority have already entered into an agreement with a third party to pay a transfer value under paragraph (4) in respect of him.
(4) Subject to paragraph (5), where this regulation applies the police authority shall, within 12 months of receipt of notice given in accordance with paragraph (2)(e) or, if earlier, the date on which the regular policeman concerned attains the age of 60 years, pay a transfer value calculated in accordance with Section 1 of Part IV of Schedule F to the authority or person empowered to receive such payments for the purposes of the new superannuation arrangements to which the regular policeman becomes subject:
Provided that if disciplinary proceedings or proceedings before a court have been commenced against the regular policeman concerned within 12 months of the date on which contributions under regulation G2(1) ceased to be payable in respect of him and it appears to the police authority that the proceedings may lead to the forfeiture of any pension, entitlement to which arises as a result of the payment of such contributions, the period within which payment under this paragraph is to be made shall be–
(a)
(a) that specified in the foregoing provisions of this paragraph, or
(b)
(b) 3 months from the conclusion of those proceedings (including any proceedings on appeal),
whichever ends later.
(5) Where the new superannuation arrangements to which the regular policeman concerned is becoming subject are not such as are specified in paragraph (3)(a), (b) or (e) of regulation F9, the transfer value payable under this regulation shall be–
(a)
(a) in the event of a failure, without reasonable excuse, on the part of the police authority to make payment within 6 months of the expiration of the period specified in paragraph (4), the greater of the following amounts:
(i) the sum of the amount calculated in accordance with Part IV of Schedule F and the interest on that amount at the judgment of debt rate, and
(ii) the amount calculated in accordance with the said Part IV as at the date on which payment is in fact made; and
(b)
(b) in the event that a transfer value in respect of him has been paid to the police authority under regulation F8, the greater of the following amounts:
(i) the amount calculated in accordance with Part IV of Schedule F, and
(ii) the sum of the transfer value paid under regulation F8 and any contributions paid in respect of him to the police authority under regulation G2(1).
(6) In the case of a regular policeman who has received such an award as is mentioned in paragraph (2)(d) but has, within 6 months of becoming subject to new superannuation arrangements, or within such longer period as the police authority may allow in the circumstances of his case, paid to that authority an amount equal to that of the said award, paragraph (2) shall have effect as if sub-paragraph (d) were omitted:
Provided that, in the case of a regular policeman who is becoming subject to new superannuation arrangements such as are specified in paragraph (3)(a), (b) or (e) of regulation F9, this paragraph shall have effect as if for “6 months” there were substituted “12 months”.
(7) In the case of a regular policeman who has made an election under regulation G4(1) and whose service as such last commenced at least 2 years before 6th April 1988, his reckonable service for the purposes of the pension benefits, the capitalised value of which is payable under paragraph (4), shall be deemed to have commenced on that date.
(8) In this regulation and elsewhere in this Part–
“occupational pension scheme” and“personal pension scheme” have the same meanings as in the Social Security Act 19864, and
“police authority” in relation to a regular policeman means the police authority of his force or, in the case of a former regular policeman, of the force...
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