The Police Pensions (Amendment No. 3) Regulations 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/3057 |
| Year | 2012 |
2012 No. 3057
Police, England And Wales
Pensions, England And Wales
The Police Pensions (Amendment No. 3) Regulations 2012
Made 5th December 2012
Laid before Parliament 10th December 2012
Coming into force 1st January 2013
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. 3) Regulations 2012.
(2) These Regulations come into force on 1st January 2013.
(3) These Regulations extend to England and Wales.
Amendment to the Police Pensions Regulations 1987
2.—(1) The Police Pensions Regulations 19874are amended as follows.
(2) After regulation B5 (policeman’s deferred pension) insert—
“Early payment of deferred pension
B5A.—(1) Subject to paragraphs (2) and (3), a regular policeman who is entitled to a deferred pension payable, in accordance with regulation B5(4), upon his attaining the age of 60, may elect for immediate payment of that pension:
Provided that no payment shall be made in respect of the period before the officer concerned attains the age of 55 years.
(2) An election under paragraph (1) shall be made by giving written notice to the police pension authority at least one month before the date on which the officer concerned wishes such payment to commence.
(3) Unless paragraph (4) applies, payment of the pension shall be subject to an actuarial reduction calculated by the police pension authority in accordance with tables prepared by the Scheme actuary.
(4) This paragraph applies where—
(a)
(a) the regular policeman receives a compensation lump sum on voluntary retirement, in accordance with a determination of the Secretary of State made under regulation 14A of the Police Regulations 2003; and
(b)
(b) a sum or sums equal to the value of the actuarial reduction are paid into the police pension fund in accordance with paragraphs (5) to (7) in order to buy out the actuarial reduction.
(5) Should the regular policeman so elect by giving notice in writing, the police pension authority shall pay into the police pension fund the whole or any part of the compensation lump sum that would otherwise be payable to the regular policeman.
(6) If the whole of the compensation lump sum is insufficient to buy out the actuarial reduction, the police pension authority may, in its discretion, pay into the police pension fund the additional amount required to do so.
(7) If the police pension authority decides not to pay the additional amount required to buy out the actuarial reduction, the regular policeman may pay to the police pension authority a sum equal to that additional amount, which the police pension authority shall pay into the police pension fund.
(8) Where a regular policeman who has made an election under paragraph (1) dies, any pension payable in respect of that policeman under Parts C or D shall be calculated as if no such election had been made.”.
Amendments to the Police Pensions Regulations 2006
The Police Pensions Regulations 2006 are amended as follows.
3. The Police Pensions Regulations 20065are amended as follows.
4. In regulation 6 (application of Regulations)—
(a) in paragraph (2)—
(i) in sub-paragraph (a), at the end, insert “and”;
(ii) omit sub-paragraph (b);
(b) in paragraph (4)—
(i) in sub-paragraph (b), omit “and”;
(ii) in sub-paragraph (c), at the end, insert “and”;
(iii) after sub-paragraph (c) insert—
“(d)
“(d) his election shall otherwise be cancelled in accordance with regulation 9(6), and he shall then become eligible for awards to be payable to or in respect of him under these Regulations, subject to paragraph 9 of Schedule 2.”.
5. In regulation 8 (eligibility for pension awards payable on the grounds of permanent disablement)—
(a) for paragraph (1)(b) substitute—
“(b)
“(b) a regular police officer whose election under regulation 9(1) is cancelled in accordance with regulation 9(5) or (6).”;
(b) for paragraph (7)(b) substitute—
“(b)
“(b) to whom this regulation applies by virtue of paragraph (1)(b) who was ineligible, under this regulation or regulation G7 of the 1987 Regulations, for pension awards payable on the ground of permanent disablement on the date of the election which is cancelled in accordance with regulation 9(5) or (6) of these Regulations,”;
(c) at the end insert—
“9 Where this regulation applies to a regular police officer by virtue of paragraph (1)(b), any fee payable in respect of an examination or report shall be paid by the regular police officer concerned.
10 Where a regular police officer to whom this regulation applies by virtue of paragraph (1)(b) wilfully or negligently fails to submit to an examination by a selected medical practitioner as set out in paragraph (2), paragraphs (3), (5), (6), (7) and (8) shall apply with the modification that the police pension authority, in making its determination under paragraph (3) or (7), shall apply such evidence and medical advice, and advice from the Scheme actuary, as it, in its discretion, thinks necessary.
11 Where a police pension authority makes a determination under paragraph (3) or (7) following a failure of a regular police officer to submit to an examination such as is mentioned in paragraph (10), and the officer subsequently submits to an examination, the authority shall re-determine the matter by applying the opinion of the selected medical practitioner as set out in the practitioner’s report and advice from the Scheme actuary, and paragraphs (4), (5), (6), (8) and (9) shall apply in relation to the re-determination as if it was made under paragraph (3) or (7).”.
6. In regulation 9 (election not to pay pension contributions)—
(a) In paragraph (2), after “paragraph (3)” insert “and (3A)”;
(b) after paragraph (3) insert—
“3A In the case of a regular police officer to whom paragraph (3) does not apply and who has given notice under paragraph (1) within three months of a relevant event, his election under that paragraph shall be deemed to have taken effect on the date of that event.
3B A relevant event for the purposes of paragraph (3A) is—
(a)...
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