The Police Pensions (Amendment) (No. 2) Regulations 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/1760 |
| Year | 2004 |
2004 No. 1760
POLICE, ENGLAND AND WALES
PENSIONS, ENGLAND AND WALES
The Police Pensions (Amendment) (No. 2) Regulations 2004
Made 8th July 2004
Laid before Parliament 9th July 2004
Coming into force 1st August 2004
The Secretary of State, in exercise of the powers conferred upon him by sections 1 and 4 of the Police Pensions Act 19761, with the consent of the Treasury2and after consultation with the Police Negotiating Board for the United Kingdom, hereby makes the following Regulations:
Citation, commencement, interpretation and extent
1.—(1) These Regulations may be cited as the Police Pensions (Amendment) (No. 2) Regulations 2004.
(2) These Regulations shall come into force on 1st August 2004 but regulation 3(1) to (5) has effect in accordance with regulation 2.
(3) In these Regulations, “regular policeman” has the same meaning as in the Police Pensions Regulations 19873.
(4) These Regulations extend to England and Wales only.
Retrospective effect in certain cases
2.—(1) In relation to a case where a person transferred from the British Transport Police Force to become a regular policeman on or after 1st February 2001 but before 1st August 2004 and either–
(a)
(a) the British Transport Police Force Superannuation Fund has paid to the police authority concerned a transfer value in respect of that transfer before 1st August 2004 and his pensionable service in respect of his former service would if recalculated in accordance with the amendments made by these Regulations satisfy the condition set out in paragraph (4); or
(b)
(b) no such payment has been made by 1st August 2004, but the policeman applies to the police authority by 31st July 2005 for such a transfer payment to be accepted and for the period of pensionable service in respect of his former service to be calculated in accordance with the amendments made by these Regulations,
regulation 3(1) to (5) has effect from 1st February 20014.
(2) In relation to a case where–
(a)
(a) a person transferred from the British Transport Police Force to become a regular policeman on or after 30th April 1998 but before 1st February 2001 and either–
(i) the British Transport Police Force Superannuation Fund has paid to the police authority concerned a transfer value in respect of that transfer before 1st August 2004 and that policeman applies to that authority by 31st October 2004 for his pensionable service in respect of his former service to be recalculated in accordance with the amendments made by these Regulations in circumstances where the condition set out in paragraph (4) applies; or
(ii) no such payment has been made by 1st August 2004 but the policeman applies to the police authority concerned by 31st October 2004 for such a transfer payment to be accepted and for the period of pensionable service in his former service to be calculated in accordance with the amendments made by these Regulations, and
(b)
(b) the police authority concerned agree to such a recalculation or calculation as the case may be,
regulation 3(1) to (5) has effect from 30th April 1998.
(3) In relation to any other case, regulation 3(1) to (5) has effect from 1st August 2004.
(4) The condition mentioned in paragraphs (1)(a) and (2)(a)(i) is that the period of pensionable service reckonable in respect of the policeman’s former service as a result of recalculation as if the transfer value had been a transfer payment accepted in accordance with the amendments made by these Regulations is no less than the period already reckonable.
(5) References in paragraphs (1)(a) and (2)(a)(i) to the recalculation of pensionable service in respect of a regular policeman’s former service include references to a recalculation of any resulting award to...
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