The Police Pensions (Amendment No. 2) Regulations 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/2811 |
| Year | 2012 |
2012 No. 2811
Police, England And Wales
Pensions, England And Wales
The Police Pensions (Amendment No. 2) Regulations 2012
Made 6th November 2012
Laid before Parliament 12th November 2012
Coming into force 3rd December 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 1 of the Police Pensions Act 19761.
In accordance with section 1(1) of the 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 Pensions (Amendment No. 2) Regulations 2012.
(2) These Regulations come into force on 3rd December 2012.
(3) These Regulations extend to England and Wales.
Interpretation
2. In these Regulations—
“the 1987 Regulations” means the Police Pensions Regulations 19874;
“the 2006 Regulations” means the Police Pensions Regulations 20065.
Compulsory retirement on grounds of efficiency: relevant considerations
3.—(1) In regulation A19 of the 1987 Regulations (compulsory retirement on grounds of efficiency of the force), after paragraph (2) insert—
“3 In making a determination under paragraph (2), a police pension authority shall take account of—
(a) the desirability of retaining in the force regular policemen who possess skills or knowledge of particular importance; and
(b) the standard or level to which the regular policeman in question has performed the duties of his rank or role.”.
(2) In regulation 20 of the 2006 Regulations (compulsory retirement on grounds of efficiency of the force), after paragraph (2) insert—
“2A In making a determination under paragraph (2), a police pension authority shall take account of—
(a) the desirability of retaining in the force regular policemen who possess skills or knowledge of particular importance; and
(b) the standard or level to which the regular policeman in question has performed the duties of his rank or role.”.
Senior officers: delayed payment of ordinary pension
4.—(1) The 1987 Regulations are amended as follows.
(2) In regulation B1 (policeman’s ordinary pension)—
(a)
(a) in paragraph (5), omit the words after “of that Schedule”;
(b)
(b) after paragraph (5) insert—
“5A In the case of a person entitled to reckon less than 30 years’ pensionable service, no payments shall be made on account of an ordinary pension in respect of the period (if any) after his retirement and before he has attained the age of 50 years or, if he sooner becomes permanently disabled and he is not ineligible under regulations G7 and G8 for a pension award payable on the grounds of permanent disablement, before he becomes so disabled.
5B In the case of a regular policeman above the rank of chief superintendant who gives notice in writing to the police pension authority that he wishes this paragraph to apply to him, no payments shall be made on account of an ordinary pension in respect of the period after his retirement and before he has attained the normal minimum pension age, as defined in section 279(1) of the Finance Act 20046.
5C Notice under paragraph (5B) may not be given after retirement and, once given, may not be cancelled.”;
(c)
(c) in paragraph (7), for “and (5)” substitute “, (5) and (5A)”.
(3) In regulation L3(1)(a) (payment and duration of awards), for “B1(5)” substitute “B1(5A)”.
(4) In paragraph 1(3)(a) of Part I of Schedule C, for “”B1(5)” substitute “B1(5A) and (5B)”.
(5) In Part I of Schedule D—
(a)
(a) in paragraph 1(5)(b)(i), for “B1(5)” substitute “B1(5A) and (5B)”;
(b)
(b) in paragraph 3(2)(a), for “B1(5)” substitute “B1(5A) and (5B)”.
(6) In Schedule J—
(a)
(a) in Part I, for paragraph 2 substitute—
“2. In the case of a regular policeman who served as such before 8th August 1961, Regulation B1 shall have effect as if paragraph (5A) were omitted.”;
(b)
(b) in Part IV, in paragraph 8(1C)(a), after “(5)” insert “, (5A)”;
(c)
(c) in Part VII, in paragraph 5(4)(b)(ii), for “(5)” substitute “(5A)”.
Damian Green
Minister of State
Home Office
29th October 2012
Anne Milton
Desmond Swayne
Two of the Lords Commissioners of Her Majesty’s Treasury
6th November 2012
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Police Pensions Regulations 1987 (“the 1987 Regulations”) and the Police Pensions Regulations 2006 (“the 2006 Regulations”) in order to implement recommendations made in the Independent Review of Police Officer and Staff Remuneration and Conditions: Part 1 Report (Cm. 8024: “the Report”).
Regulation 3 of these Regulations amends...
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