Police Pensions Regulations 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/257 |
| Year | 1987 |
1987 No. 257
POLICE
The Police Pensions Regulations 1987
Made 20th February 1987
Laid before Parliament 9th March 1987
Coming into force 1st April 1987
In exercise of the powers conferred on me by sections 1 to 8 of the Police Pensions Act 19761, and after consultation with the Police Negotiating Board for the United Kingdom and, so far as Regulation H6 is concerned, with the Council on Tribunals in pursuance of section 10 of the Tribunals and Inquiries Act 19712, I hereby, with the consent of the Treasury3, make the following Regulations:—
Part A
General Provisions and Retirement
Citation and commencement
A1. These Regulations may be cited as the Police Pensions Regulations 1987 and come into force on the date specified in that behalf in the Police Pensions (Supplementary Provisions) Regulations 19874.
Supplementary provisions
A2. These Regulations have effect subject to—
(a) the transitional provisions set out in Part III of Schedule 1 to the Police Pensions (Supplementary Provisions) Regulations 1987 (“the Supplementary Regulations”), and
(b) the Police Pensions (War Service) Regulations 19795, the Police Pensions (War Service) (Transferees) Regulations 19856and the Police (Injury Benefit) Regulations 19877as amended by Regulations 5, 6 and 7 of the Supplementary Regulations.
Exclusion of old cases
A3.—(1) Nothing in these Regulations shall apply in a case in which the old cases Regulations apply, that is to say, in the case of an award or payment to or in respect of, or relating to—
(a)
(a) a person who retired or otherwise ceased to be a member of a police force before 1st April 1972, or
(b)
(b) a person, being a serviceman who did not resume service as a regular policeman, whose period of relevant service in the armed forces ended before 1st April 1972.
(2) The reference in paragraph (1) to the old cases Regulations is a reference to the Police Pensions Regulations 19718and other Regulations set out in Part I of Schedule 2 to the Police Pensions (Supplementary Provisions) Regulations 1987, as amended by Part II of that Schedule.
Meaning of certain expressions and references—general provisions
A4.—(1) In these Regulations, unless the context otherwise requires—
(a)
(a) the expressions contained in the glossary set out in Schedule A shall be construed as therein provided;
(b)
(b) any reference to a member of a police force, however expressed, includes a reference to a person who has been such a member;
(c)
(c) any reference to an award, however expressed, is a reference to an award under these Regulations.
(2) In these Regulations, unless the context otherwise requires, a reference to a Regulation or a Part shall be construed as a reference to a Regulation contained in these Regulations or a Part thereof, a reference to a Schedule shall be construed as a reference to a Schedule to these Regulations, a reference to a paragraph shall be construed as a reference to a paragraph in the same Regulation or, as the case may be, the same Part of the same Schedule or the same Section thereof and a reference to a sub-paragraph shall be construed as a reference to a sub-paragraph contained in the same paragraph.
Meaning of certain expressions related to the National Insurance and Social Security Acts
A5.—(1) In these Regulations the following expressions shall have the meanings respectively which they had for the purposes of the National Insurance Act 19659immediately before its repeal by the Social Security (Consequential Provisions) Act 197510—
“employed contributor’s employment”;
“graduated contribution”;
“graduated retirement benefit”;
“non-participating employment”;
“payment in lieu of contributions”.
(2) In these Regulations any reference to state pensionable age is a reference to the age of 65 years in the case of a man, or 60 years in the case of a woman.
(3) In these Regulations any reference to a participating period of relevant employment is a reference to a period of employed contributor’s employment after 5th April 1961 and before state pensionable age other than—
(a)
(a) service in the armed forces, and
(b)
(b) non-participating employment at the end of which no payment in lieu of contributions fell to be made;
and for the purposes of this paragraph a period of employed contributor’s employment or of non-participating employment shall be treated as continuing during periods of holiday, temporary incapacity for work and similar temporary interruptions.
(4) In these Regulations any reference to the secured portion of a pension is a reference to the portion of the pension which equals the graduated retirement benefit which would be payable to the pensioner, on the assumption that he retired from regular employment on attaining state pensionable age, in return for a payment in lieu of contributions in respect of the whole of any period of non-participating employment by reason of which he is entitled to reckon pensionable service for the purposes of the pension, being a period of non-participating employment at the end of which no payment in lieu of contributions in fact fell to be made; and any reference to the unsecured portion of a pension shall be construed accordingly.
For the purposes of this paragraph a period of non-participating employment shall be treated as continuing during periods of holiday, temporary incapacity for work and similar temporary interruptions.
(5) For the purposes of these Regulations the annual rate of graduated retirement benefit shall be calculated as if there were 52⅙ weeks in each year.
(6) In these Regulations the following expressions shall have the meanings respectively which they have for the purposes of the Social Security Pensions Act 197511—
“contracted-out employment”;
“contracted-out scheme”;
“guaranteed minimum” and “guaranteed minimum pension”;
“contributions equivalent premium”.
(7) In these Regulations any reference to a case in which a contributions equivalent premium has been paid includes a reference to a case in which such a premium is payable but has not been paid by virtue of regulations under Schedule 2 to the Social Security Pensions Act 1975 dispensing with the payment of such a premium where its amount would be inconsiderable.
(8) In these Regulations any reference to the guaranteed minimum in relation to a pension under a pension scheme at a particular time is a reference to the amount certified by the Department of Health and Social Security as that minimum at that time.
Meaning of certain expressions in relation to persons who are not members of a home police force
A6.—(1) A reference in these Regulations to a rank, being a rank in a home police force, shall, in relation to a member of an overseas corps, be construed as a reference to such rank in that corps as the Secretary of State may from time to time direct.
(2) For the purposes of these Regulations—
(a)
(a) a central police officer, or
(b)
(b) an overseas policeman who is not a member of an overseas corps, shall be deemed to hold the rank in which he is entitled to revert to his home police force at the end of his tour of overseas service or, as the case may be, of central service.
(3) For the purposes of these Regulations—
(a)
(a) an inspector of constabulary shall be deemed to hold the rank and office of chief constable;
(b)
(b) an assistant inspector of constabulary shall be deemed to hold the rank of chief superintendent.
(4) Except where the context otherwise requires, for the purposes of these Regulations—
(a)
(a) an inspector or assistant inspector of constabulary or a central police officer shall be deemed to be a member of a home police force;
(b)
(b) an overseas policeman who is not a member of an overseas corps shall be deemed to be a member of such a corps;
and any reference to such a person joining or leaving a police force or transferring from one force to another, however expressed, shall be construed accordingly.
(5) In relation to an inspector or assistant inspector of constabulary, a central police officer or an overseas policeman, any reference in these Regulations to the police authority shall be construed as a reference to the Secretary of State.
(6) This Regulation has effect subject to paragraph 3 of Part VII of Schedule J.
Weekly rate of pensions and allowances
A7. Where the rate at which a pension or allowance is payable or the amount thereof is expressed as an annual rate or amount then, for the purposes of these Regulations, the weekly rate or amount of that pension or allowance shall be determined as if there were 52⅙ weeks in each year.
Persons treated as being in receipt of a pension
A8. For the purposes of these Regulations, except where otherwise expressly provided, a person shall be treated as being in receipt of an ordinary, short service, ill-health or, as the case may be, injury pension if he would be in receipt of such a pension—
(a) in the case of an ordinary pension—
(i) had he attained the age of 50 years, or
(ii) had it not been wholly withdrawn under Regulation K4 (withdrawal of pension during service as a regular policeman);
(b) in the case of a short...
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