Police Pensions (Amendment) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/641 |
| Year | 1994 |
1994 No. 641
POLICE
The Police Pensions (Amendment) Regulations 1994
Made 8th March 1994
Laid before Parliament 10th March 1994
Coming into force 1st April 1994
In exercise of the powers conferred on me by section 1 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, commencement and interpretation
1.—(1) These Regulations may be cited as the Police Pensions (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
(2) In these Regulations “the principal Regulations” means the Police Pensions Regulations 19873.
Commutation small pensions
2. Regulation B8(1) of the principal Regulations is amended by substituting for the words “does not exceed £104” the words “does not exceed £260, or any greater amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 16 to the Social Security Act 1973,”4.
Gratuity in lieu of widow’s pension
3. Regulation E4(3) of the principal Regulations is amended by substituting for the words “does not exceed £104” the words “does not exceed £260, or any greater amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 16 to the Social Security Act 1973,”.
Increase of widow’s pension during first 13 weeks
4. Regulation E8 of the principal Regulations is amended—
(a) in paragraph (2)(a) by substituting for the words “pensionable pay” the words “relevant emoluments”; and
(b) by inserting after paragraph (2)—
“2A For the purposes of paragraph (2)(a) a policeman’s relevant emoluments for a week are—
(a) his pensionable pay for the week, and
(b) so much as is attributable to the week of any allowances to which he was entitled under regulations 49 to 52B of the Police Regulations 19875.”.
Payments by women to enhance widowers' awards
5. The principal Regulations are amended by inserting after regulation G5—
“Payments by women to enhance widowers' awards
G6.—(1) Subject to paragraph (2), a woman—
(a)
(a) by whom contributions are for the time being payable under regulation G2, and
(b)
(b) whose pensionable service includes service before 17th May 1990,
may elect to pay additional contributions in order to secure the counting of service before that date in the calculation of any award becoming payable under regulation C1, C4, C5(3), C6 or C8(2) on her death.
(2) An election under this regulation—
(a)
(a) must be made by giving notice in writing to the police authority within the period of 3 months beginning on the material date, and
(b)
(b) takes effect at the end of that period.
(3) The material date for the purposes of this regulation is—
(a)
(a) 1st April 1994 if contributions were payable under regulation G2 during the whole of the period of 3 months beginning with that date, or
(b)
(b) if such contributions have ceased to be payable either before or during that period but again become payable within 2 years after the date of cessation, the date from which they become payable.
(4) Subject to paragraphs (6) to (11), the additional contributions to be paid are contributions calculated in accordance with the Table in paragraph (18) by reference to the whole of the woman’s pensionable service before 17th May 1990.
(5) The notice of election must specify whether the contributions are to be paid—
(a)
(a) as a lump sum calculated in accordance with the first and third columns, or
(b)
(b) by periodical payments calculated in accordance with the first and second columns,
of the Table in paragraph (18).
(6) This paragraph applies where—
(a)
(a) the additinal contributions are to be paid as a lump sum, and
(b)
(b) in the tax year in which the election takes effect (A + B) exceeds C.
(7) Where paragraph (6) applies—
(a)
(a) the election has effect as an election to pay a lump sum of (C − B), and
(b)
(b) the period of service counting as mentioned in paragraph (1) is to be calculated accordingly.
(8) In paragraphs (6) and (7)—
A is a lump sum calculated as mentioned in paragraphs (4) and (5)(a),
B is the total of any other contributions payable under regulations made under the Police Pensions Act 1976 and any contributions payable otherwise than under such regulations to an approved scheme, and
C is 15% of the woman’s emoluments,
and in this paragraph “approved scheme” and “emoluments” have the meaning given in regulation 2(3) of the Police Pensions (Additional Voluntary Contributions) Regulations 19916.
(9) This paragraph applies where—
(a)
(a) the additional contributions are to be paid by periodical payments, and
(b)
(b) in the first tax year after that in which the election takes effect (D + B) will exceed C.
(10) Where paragraph (9) applies—
(a)
(a) the election has effect as an election to make periodical payments amounting to (C − B), and
(b)
(b) the period of service counting as mentioned in paragraph (1) is to be calculated accordingly.
(11) In paragraphs (9) and (10) B and C are the same as in paragraphs (6) and (7) and D is the periodical payments calculated as mentioned in paragraphs (4) and (5)(b).
(12) A lump sum may be deducted by the police authority from the first instalment of pay falling due after the election takes effect, and periodical payments—
(a)
(a) are payable at the same times, and may be discharged in the same way, as contributions under regulation G2, and
(b)
(b) subject to paragraph (13), continue to be payable while such contributions are payable.
(13) Perodical payments cease to be payable—
(a)
(a) in the case of a woman who at the material date had completed less than 19 years' pensionable service, when she has completed 25 years pensionable service, and
(b)
(b) in any other case, at the end of the period of 5 years beginning on the date on which the first of them became payable.
(14) Where a lump sum is paid or payment of periodical payments ceases—
(a)
(a) as provided in paragraph (13), or
(b)
(b) in consequence of the woman’s death while paying contributions under regulation G2, or
(c)
(c) in consequence of her ceasing to be liable to pay such contributions by reason of retirement under regulation A20 (permanent disablement),
the period of service counting as mentioned in paragraph (1) is the election period.
(15) Except where paragraph (6) or (9) applies, the election period is—
(a)
(a) for the purpose, in calculating any award becoming payable under regulation C1 (ordinary pension), of arriving at the amount of the pension or notional pension referred to in paragraph 1(1)(a) of Part I of Schedule C, and
(b)
(b) for the purpose of calculating any award becoming payable under regulation C4 (accrued pension),
the whole of the woman’s pensionable service before 17th May 1990, but for all other purposes it is the whole of her pensionable service after 5th April 1978 and before 17th May 1990.
(16) Where paragraph (6) or...
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