The Police Pension Fund Regulations 2007
| Jurisdiction | UK Non-devolved |
2007 No. 1932
police, ENGLAND AND WALES
PENSIONS, ENGLAND AND WALES
The Police Pension Fund Regulations 2007
Made 5th July 2007
Laid before Parliament 9th July 2007
Coming into force 1st August 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1 and 7 of the Police Pensions Act 19761.
In accordance with section 1(1) of that Act, the Treasury2have consented to the making of these Regulations and the Secretary of State has consulted with the Police Negotiating Board for the United Kingdom3.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Police Pension Fund Regulations 2007.
(2) These Regulations come into force on 1st August 2007 and, subject to paragraph (3), have effect from 1st April 20064.
(3) The following have effect from 6th April 2006—
(a)
(a) regulation 15(2) and (3); and
(b)
(b) Schedules 2 and 3.
(4) These Regulations extend to England and Wales.
Interpretation
2. In these Regulations—
the “1987 Regulations” means the Police Pensions Regulations 19875;
the “1996 Act” means the Police Act 19966;
the “2006 Regulations” means the Police Pensions Regulations 20067;
“financial year” means the twelve months ending with 31st March;
the “Injury Benefit Regulations” means the Police (Injury Benefit) Regulations 20068;
“overseas policeman” has the meaning given by Schedule A of the 1987 Regulations;
“police authority” has the meaning given by section 101(1) of the 1996 Act and, in relation to an inspector of constabulary, it means the Secretary of State;
“police force” has the meaning given by section 101(1) of the 1996 Act;
“police fund” has the meaning given by section 101(1) of the 1996 Act;
“police pension fund” means a fund established and maintained in accordance with regulation 3;
“regular police officer” means a member of a police force, the commissioner and an assistant commissioner of police for the City of London, an inspector of constabulary and a police officer engaged on relevant service;
“relevant service” has the meaning given by section 97(1) of the 1996 Act; and
“serviceman” in relation to the 1987 Regulations has the meaning given by Schedule A to those Regulations; and in relation to the 2006 Regulations has the meaning given by Schedule 1 to those Regulations.
Establishment, maintenance and operation of a police pension fund
3.—(1) Every police authority shall establish a police pension fund.
(2) Such fund shall be established for the financial year ending on 31st March 2007 and maintained for each subsequent financial year.
(3) Every police authority shall keep accounts of payments into or out of the police pension fund.
(4) Such accounts shall be maintained in accordance with proper practices9.
(5) Subject to the following provisions of these Regulations–
(a)
(a) any sum paid or repaid to a police authority for the purposes of the regulations mentioned in paragraph (6) shall be receivable into the police pension fund; and
(b)
(b) any sum paid or repaid by a police authority for the purposes of the regulations mentioned in paragraph (6) shall be payable out of the police pension fund.
(6) The regulations mentioned in this paragraph are–
(a)
(a) the 1987 Regulations;
(b)
(b) the 2006 Regulations;
(c)
(c) in accordance with regulations 6 and 7, the provisions of the Injury Benefit Regulations mentioned in regulation 6(3); and
(d)
(d) any other previous Regulations making provision for police pensions, in connection with rights acquired and liabilities incurred under such Regulations (including such rights and liabilities which have been transferred to a police authority).
Particular payments into and out of the police pension fund
4.—(1) Without prejudice to the generality of regulation 3(5), the following shall be receivable by a police authority into the police pension fund—
(a)
(a) pension contributions receivable from regular police officers under regulation G2(1) of the 1987 Regulations or regulation 7(1) of the 2006 Regulations;
(b)
(b) sums receivable from regular police officers under regulation F1(1A)(b), (1B)(b), (1C)(b), G3 or G6 of the 1987 Regulations or regulation 10(2)(b) of the 2006 Regulations;
(c)
(c) sums receivable from regular police officers under regulation F4 or F5 of the 1987 Regulations or regulation 13 of the 2006 Regulations;
(d)
(d) transfer values receivable in accordance with regulation F6(1)(c) of the 1987 Regulations or regulation 15(1)(b) of the 2006 Regulations;
(e)
(e) sums receivable in pursuance of an election under regulation 3 of the Police Pensions (Purchase of Increased Benefits) Regulations 198710or regulation 56(2) of the 2006 Regulations;
(f)
(f) sums receivable from regular police officers under regulation 84(3) of the 2006 Regulations;
(g)
(g) sums receivable from regular police officers under regulation F10(6) of the 1987 Regulations or regulation 78(6) of the 2006 Regulations; and
(h)
(h) transfer values receivable in accordance with regulation F11 of the 1987 Regulations or regulation 80 of the 2006 Regulations.
(2) Without prejudice to the generality of regulation 3(5), the following shall be payable out of the police pension fund—
(a)
(a) awards payable under Parts B, C, D or E of the 1987 Regulations or Part 4 of the 2006 Regulations;
(b)
(b) sums payable under regulation F4(3) or regulation F(5)(3) of the 1987 Regulations;
(c)
(c) sums payable under regulation G4(4)(a) of the 1987 Regulations or regulation 9(4) of the 2006 Regulations;
(d)
(d) awards payable under Part M of the 1987 Regulations or Part 6 of the 2006 Regulations;
(e)
(e) transfer values payable under regulation F10 of the 1987 Regulations or regulation 78 of the 2006 Regulations; and
(f)
(f) amounts payable on behalf of a regular police officer under regulation 84 of the 2006 Regulations.
Police authority contributions
5.—(1) In each financial year a police authority shall transfer from the police fund into the police pension fund contributions (referred to in these Regulations as police authority contributions) at the rate of 24.6% of the pensionable pay of a regular police officer in respect of any period during which pension contributions are paid by the officer under regulation G2(1) of the 1987 Regulations or regulation 7(1) of the 2006 Regulations or are treated as being so paid.
(2) For the purposes of paragraph (1), the periods during which pension contributions are treated as being paid by a regular police officer are—
(a)
(a) any period of unpaid maternity leave which falls within the first 26 weeks of any period of maternity leave;
(b)
(b) any period reckonable as pensionable service in accordance with regulations F1, F4 or F5 of the 1987 Regulations or regulations 10 or 13 of the 2006 Regulations; and
(c)
(c) any period during which pension contributions are not or have not been paid by a serviceman in the circumstances mentioned in the proviso to regulation I8(1) of the 1987 Regulations or the proviso to regulation 94(2) of the 2006 Regulations.
(3) Subject to paragraph (4), in this regulation, “pensionable pay” has the meaning assigned to it by regulation G1(1) and (1A) of the 1987 Regulations or regulation 23 of the 2006 Regulations.
(4) Where the amount of a regular police officer’s pensionable pay in respect of a period is reduced due to one of the circumstances mentioned in paragraph (5), he shall be treated for the purposes of this regulation as if his pensionable pay were not so reduced.
(5) The circumstances mentioned in this paragraph are that the officer has taken a period of sick leave, maternity leave, parental leave or any other period of leave which was paid at a reduced rate.
(6) Where a police authority repays the pension contributions of a regular police officer under regulation G4(4)(a) of the 1987 Regulations or regulation 9(4) of the 2006 Regulations, the police authority shall also transfer from the police pension fund into the police fund an amount equal to the aggregate of the police authority contributions it has transferred in accordance with paragraph (1) in respect of such officer.
(7) Where a regular police officer retires with an entitlement to an ill-health pension under regulation B3 of the 1987 Regulations before—
(a)
(a) attaining the age at which he could have been required to retire in accordance with the provisions of regulation A18 of those Regulations (as it was in force on 1st April 2006); or
(b)
(b) being entitled to reckon 30 years’ pensionable service,
the police authority shall transfer from the police fund into the police pension fund an amount equal to twice the average pensionable pay of the officer concerned, calculated in accordance with regulation G1 of the 1987 Regulations.
(8) For the purposes of paragraph (7)(b), if some or all of the service by which the regular police officer’s pensionable service is reckonable was part-time, he shall be treated as if such service had been full-time.
(9) Where a regular police officer retires with an entitlement to an ill-health pension under regulation 29 of the 2006 Regulations before attaining the age of 55, the police authority shall transfer from the police fund into the police pension fund an amount equal to twice the final pensionable pay of the officer concerned, calculated in accordance with regulation 24 of the 2006 Regulations.
(10) Where a police authority continues to pay a pension in whole or in part in a case where they have a discretion to withdraw the whole or any part of it under regulation K4 of the 1987 Regulations or regulation 52 of...
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