The Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/378 |
| Year | 2019 |
2019 No. 378
Public Service Pensions, England And Wales
Police, England And Wales
The Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019
Made 25th February 2019
Laid before Parliament 28th February 2019
Coming into force 1st April 2019
The Secretary of State makes the following Regulations in exercise of the powers in sections 1 and 3 of the Police Pensions Act 19761(“the 1976 Act”), section 60 of the Police Act 19962(“the 1996 Act”), and section 3 of, and paragraph 9 of Schedule 3 to, the Public Service Pensions Act 20133(“the 2013 Act”).
In accordance with section 1(1) and (1ZB) of the 1976 Act, before making regulations 1 to 10, the Secretary of State consulted the Police Advisory Board for England and Wales and invited the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland.
In accordance with section 60(4) of the 1996 Act, before making regulations 1 and 11, the Secretary of State has consulted the national board of the Police Federation for England and Wales.
In accordance with section 22(2)(a) of the 2013 Act, before making regulations 1 and 10, the Secretary of State consulted representatives of such persons as appeared to the Secretary of State to be likely to be affected by those regulations, with a view to reaching agreement.
In accordance with section 22(2)(b) of the 2013 Act, the Secretary of State has laid a report before Parliament.
In accordance with section 1(1) of the 1976 Act and section 3(5) of the 2013 Act, regulations 1 to 10 are made with the consent of the Treasury4.
The Secretary of State also makes these Regulations in exercise of the powers in section 26(1), (2) and (5) of the Fire Services Act 19475, section 12 of the Superannuation Act 19726, as applied by section 16(3) of that Act, and sections 34 and 60 of the Fire and Rescue Services Act 20047.
Before making these Regulations and in accordance with section 34(5) of the Fire and Rescue Services Act 2004, the Secretary of State consulted such persons as the Secretary of State considered appropriate.
PART 1
Introductory
Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019.
(2) These Regulations come into force on 1st April 2019 but the provisions mentioned in paragraph (3) have effect as provided in that paragraph.
(3) The provisions in—
(a)
(a) regulations 5, 7, 14, 15, 17 and 19 to 21 have effect from 5th December 2005;
(b)
(b) regulation 13 has effect from 1st April 2007;
(c)
(c) regulations 3 and 8 have effect from 3rd April 2011;
(d)
(d) regulation 16 has effect from 13th March 2014.
(4) These Regulations extend to England and Wales.
(5) Part 3 of these Regulations applies in England only.
PART 2
Police
CHAPTER 1
Police Pensions Regulations 1987
Amendments to the Police Pensions Regulations 1987
2. The Police Pensions Regulations 19878are amended in accordance with regulations 3 to 5.
Amendments to regulation F1
3. In regulation F1 (reckoning of pensionable service)9—
(a) in paragraph (1)(db), for “, unpaid adoption support leave or unpaid maternity support leave” substitute “or unpaid adoption support leave”;
(b) after paragraph (1)(db) insert—
“(dc)
“(dc) any period of unpaid maternity support leave taken on or after 3rd April 2011 in respect of which the conditions specified in paragraph (1B) are not satisfied;”;
(c) in paragraph (1B)10, in the opening words, for “sub-paragraphs (c), (da) and (db)” substitute “sub-paragraphs (c) to (dc)”.
Amendments to regulation G6
4. In regulation G6 (payments by women to enhance widowers’ awards)11—
(a) after paragraph (1A)12insert—
“1B But an election under this regulation which is made by virtue of the amendments to these Regulations by the Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019 may secure the counting of pensionable service before 6th April 1988 irrespective of whether an election to which paragraph (1A) applies was previously made.”;
(b) in paragraph (3)13, at the end insert—
“(i)
“(i) in the case of a woman who was entitled to make an election under paragraph (1), to which sub-paragraphs (e) to (h) apply, who elects to secure the counting of pensionable service before 6th April 1988 (not being service which is already the subject of an election to enhance her surviving spouse or surviving civil partner award), the date on which the Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019 come into force.”;
(c) in paragraph (4A)14, for “or (h)” substitute “, (h) or (i)”.
Amendments to Schedule C
5.—(1) In Part 1 (widow’s ordinary pension) of Schedule C (widows’ awards)15—
(a)
(a) in paragraph 1, omit sub-paragraphs (2B) and (2C);
(b)
(b) in paragraph 3, omit “of a woman”.
(2) In Part 3 (widow’s accrued pension) of Schedule C16—
(a)
(a) in paragraph 1, omit sub-paragraphs (1B) and 1(1C);
(b)
(b) in paragraph 3(4), omit “of a woman”.
(3) In Part 4 (widow’s pension in case of post-retirement marriage) of Schedule C17, omit paragraphs 5 and 6.
(4) In Part 5 (widow’s requisite benefit pension) of Schedule C18—
(a)
(a) in paragraph 1—
(i) in sub-paragraph (a), omit “, subject to paragraph 1A,”,
(ii) omit the “and” following sub-paragraph (a),
(iii) omit sub-paragraph (b);
(b)
(b) omit paragraph 1A.
Transitional provision
6.—(1) Paragraph (2) applies where—
(a)
(a) unpaid maternity support leave has been taken; and
(b)
(b) the period specified in regulation F1(1D)(a) of the Police Pensions Regulations 198719within which notice in writing must be given has ended, or will end, on or before 1st July 2019.
(2) Regulation F1(1D)(a) has effect as if notice must be given—
(a)
(a) on or before 1st July 2019; or
(b)
(b) where the police pension authority is satisfied that it was not reasonably practicable to give notice on or before that date, on or before 1st April 2020.
CHAPTER 2
Police (Injury Benefit) Regulations 2006
Amendments to the Police (Injury Benefit) Regulations 2006
7.—(1) The Police (Injury Benefit) Regulations 200620are amended in accordance with paragraph (2).
(2) In regulation 13 (adult survivor’s special award) omit paragraphs (11) and (12).
CHAPTER 3
Police Pensions Regulations 2006
Amendments to the Police Pensions Regulations 2006
8.—(1) The Police Pensions Regulations 200621are amended in accordance with paragraph (2).
(2) In regulation 10 (reckoning of pensionable service)22—
(a)
(a) in paragraph (1)(ba), for “, unpaid adoption support leave or unpaid maternity support leave” substitute “or unpaid adoption support leave”;
(b)
(b) after paragraph (1)(ba) insert—
“(bb)
“(bb) any period of unpaid maternity support leave taken on or after 3rd April 2011 in respect of which the conditions specified in paragraph (2) are not satisfied;”;
(c)
(c) in paragraph (2), in the opening words for “sub-paragraphs (a) and (b)” substitute “sub-paragraphs (a) to (bb)”.
Transitional provision
9.—(1) Paragraph (2) applies where—
(a)
(a) unpaid maternity support leave has been taken; and
(b)
(b) the period specified in regulation 10(4)(a) of the Police Pensions Regulations 200623within which notice in writing must be given has ended, or will end, on or before 1st July 2019.
(2) Regulation 10(4)(a) has effect as if notice must be given—
(a)
(a) on or before 1st July 2019; or
(b)
(b) where the police pension authority is satisfied that it was not reasonably practicable to give notice on or before that date, on or before 1st April 2020.
CHAPTER 4
Police Pensions Regulations 2015
Amendment to the Police Pensions Regulations 2015
10.—(1) The Police Pensions Regulations 201524are amended in accordance with paragraph (2).
(2) In the heading to the table in regulation 170 (rate of member contributions), for “31st March 2019” substitute “31st March 2020”.
CHAPTER 5
Police Federation (England and Wales) Regulations 2017
Amendment to the Police Federation (England and Wales) Regulations 2017
11.—(1) The Police Federation (England and Wales) Regulations 201725are amended in accordance with paragraph (2).
(2) In regulation 9 (Metropolitan police force: branch council and representation), after paragraph (1) insert—
“1A For the purposes of paragraph (1), the number of police officers in the metropolitan police force is the total number of police officers in that force on 31st March in the year that was two years before that in which the election is held.”.
PART 3
Firefighters
CHAPTER 1
Firefighters’ Pension Scheme Order 1992
Amendments to the Firefighters’ Pension Scheme Order 1992
12. Schedule 2 to the Firefighters’ Pension Scheme Order 199226(“the Order”) (in which the Firefighters’ Pension Scheme is set out) is amended in accordance with regulations 13 to 17.
Amendment to Part B (personal awards)
13. In rule B5A (entitlement to two pensions)27—
(a) in paragraph (2), for “exceeds” substitute “is lower than”;
(b) in paragraph (6), after “B1” insert “B1A,”;
(c) in paragraph (9), for “paragraph (3)” substitute “paragraph (4)”.
Amendments to Part C (awards on death – spouses)
14.—(1) In rule C1 (spouse’s ordinary pension)—
(a)
(a) in paragraph (2)28, after “spouse” insert “or surviving civil partner”;
(b)
(b) omit paragraph (2A)...
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